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1996-01-02 CC Packet City of Southlake,Texas REGULAR CITY COUNCIL MEETING: JANUARY 2, 1996 i LOCATION: 667 N. Carroll Avenue, Southlake, Texas City Council Chamber WORK SESSION: 6:30 P.M. 1. Discussion of all items on tonight's agenda REGULAR SESSION: 7:00 P.M. AGENDA 1. Call to order. Invocation. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code; Sections 551.071, 551.072, 551.074, 551.076. Refer to posted list attached hereto and incorporated herein. B. Reconvene: Action necessary on items discussed in executive session. 0 3. Approval of the Minutes of the Regular City Council Meeting held on December 19, 1995. 4. Reports: A. Mayor's Report. ity Manager's Report. L. SPIN Report. CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5. Consent: Kli6- Resolution No. 95-53, Appointment of SPIN Standing Committee Member for \--- - Neighborhood No. 16. B. Authorizing the City Manager to enter into a contract with Lee Engineering for professional services on the Master Thoroughfare Plan Update. • - City of Southlake,Texas r- Regular City Council Meeting, January.2, 1996 Page 2 REGULAR AGENDA 6. Public Appearances and Public Forum: ' 7. Ordinances, second readings, public hearings, and related/- --items. A. Ordinance No. 480-188, 2nd reading, Z-95-106), Rezonin nd Concen g Rezoning _and Liberty Bank, being a 0.984 tract of land situ arri t fcaas Easter Survey, Abstract No. 474 d the S. Free urve , stract No. 525, and being legally describ as Tract lE ield Addition. Location: 2438 East Southlake,B d. (F.M. 1 on t orth side, approximately 200 feet east of Blueb t Drive- re Wing is "AG" Agricultural District, with a requed zonidi-o f "C- ocal Retail Commercial District. Owner: Keith Bunc Applicant• erty Bank. SPIN Neighborhood #7. PIAI LIC G. rdinance No. 480-T, 2nd reading, amending the Zoning Ordinance N . 480 t r allow for temporary outside storage for retail uses and modifications to r g thiir s . for satellite dishes., ,0 PUBLIC HEARING: No. 653, 2nd reading, creating a Senior Advisory Commission. \ 1.---t-ordinance PUBLIC HEARING. / 8. Ordinances, first readings, and related items. [ /`A> ZA 95-102, Plat Revision of Cambridge Place East, being a revision of Lot 8R, ` / Block 1, Greenlee Business Park, Phase I as shown on hte o Cabinet A, Slide 2496; P.R.T.C.T., being 6.715 acre-tract of land in the John A. Freeman Survey, Abstract No. 529.�ea ' n: 1475' north of East Continental Blvd. on the west side of S.Ki alall Ave. Current Zoning: "SF-20A" Single Family Residentiatrict. Owner/Applicant: Terra Land Development. SPIN igh-bOrhood #8. . B. Ordinance No. 480-189, 1st reading, ZA 95-119, Rezoning, bein . acre tract of land situated in the Absalom H. Chiver vey s ract No. 299, Tract 2C4. Location: on the north side-ef rimrose Lane and.approximately 500'. west of North Carroll �rrent Zoning: "AG" Agricultural District; Requested Zoni : '1 20A" Single Family Residential District. Owner/Applicant: George . and Barbara Roberts: SPIN Neighborhood #5. • C. ZA 95-122, Concept Plan for Village Center, Phase I, Lots 1-4, Block 1, Village Center, being 20.265 acre tract of land situated in the Thomas Mahan Survey Abstract No. 1049, and a portion of Tract 6. Location: South and adjacent to East la City of Southlake,Texas Regular City Council Meeting, January 2, 1996 Page 3 Northwest Parkway (S.H.114) and north and adjacent to East Southlake Blvd. (F.M. 1709), approximately 1000' west of Kimball Ave. Current Zoning: "C-3" General Commercial District. Owner: James Farrar, et.al.; Applicant: Midland Development. SPIN Neighborhood #4. 9. Resolutions: (no items this agenda). 10. Other items for consideration: (no items this agenda). 11. Other items for discussion: (no items this agenda). 12. Adjournment. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, .667 North Carroll Avenue, Southlake, Texas, on Friday, December 29, 1995 at 5:00 p.m. pursuant to the Texas Government Code, Chapter 551. • • Bush Ac ng City Secretary If you plan to attend this public meeting and have a disability that requires special needs, please • advise the City Secretary 48 hours in advance at 481-5581 extension 704, and reasonable accommodations will be made to assist you. C:WP511MIN-AGNI CC960102.AGN 1 EXECUTIVE SESSION • PENDING LITIGATION-SECTION 551.071 The City Council may consider pending and contemplated litigation subjects. The following subjects may be discussed: 1. Legend Custom Homes. 1993 2. VW Investments, Inc. and Frost Fuels Corporation, dba Southlake Fuels vs. City of Southlake, Texas, Curtis E. Hawk, Karen P. Gandy, and the Southlake Board of Adjustments. 1994 3. Aledo Construction. 1994 4. Walters Claim. 1995 5. Vicci Winchester vs. Dan McKee dba McKee Water Service Company, and City of Southlake. 1995. Litigation is, by nature, an on-going process, and questions may arise as to trial tactics which need to be explained to the City Council. Upon occasions, the City Council may need information from the City Attorney as to the status of the pending or contemplated litigation subjects set out above. After discussion of the pending and contemplated litigation subjects in executive session, any final action, or vote taken, will be in open session. LAND ACQUISITION-SECTION 551.072 • The City Council may consider the purchase, exchange, lease, or sale of real property. After discussion of land acquisitions in executive session, any final action, or vote taken, will be in open session. PERSONNEL-SECTION 551.074 The City Council may consider the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers or employees, including the City Manager, City Secretary, City Attorney, and City Board and Commission Members. A complete list of the City ' Boards and Commissions is on file in the City Secretary's Office. DEPLOYMENT OF SECURITY PERSONNEL-SECTION 551.076 Regarding the deployment or specific occasions for implementation of security personnel or devices. After discussion of any or all of the above, in executive session, any final action or vote taken will be in open session by the City Council. If personnel issues or litigation issues arise, or a need to seek advice from the City Attorney as to the posted subject matter of this City Council meeting, the issues or matters will be discussed in executive session. City of Southlake,Texas MEMORANDUM December 29, 1995 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: SPIN Standing Committee Appointment As you know, SPIN Neighborhood #16 has been without a representative for some time since Dick Johnston's resignation. On December 21, Rex Potter and I held a meeting with five persons interested in knowing more about the program. As a result of that meeting, Ms. Michelle Williams, 2530 Johnson Road, was selected by the residents to serve as the representative. Ms. Williams is recommended for Council appointment to serve for the remainder of the term. Please let me know if you have any questions about this appointment. • City of Southlake,Texas RESOLUTION 95-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A NEIGHBORHOOD REPRESENTATIVE TO THE STANDING COMMITTEE FOR THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING FOR TERM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council 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 communication; and, WHEREAS, the City Council has created such a committee by ordinance; and, WHEREAS, the City Council is to appoint one youth representative, as well as one representative for each of the designated neighborhoods from recommendations provided by the neighborhoods; and, WHEREAS, resignations occasionally occur requiring appointment of new representatives; now THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of 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. 411 Section 2. The following is hereby appointed as a neighborhood representative for the term specified: Neighborhood#16 Michelle Williams 1996 Section 3. This resolution is hereby effective upon passage by the City Council. PASSED AND APPROVED THIS THE DAY OF , 1996. Mayor Gary Fickes ATTEST: Sandra L. LeGrand ("City Secretary City of Southlake,Texas IDMEMORANDUM December 29, 1995 TO: Curtis E. Hawk, City Manager FROM: Tom Elgin, Planner • SUBJECT: Professional Services Agreement-Contract with Lee Engineering,Inc., for the Master Thoroughfare Plan Update The Consultant Selection Committee, consisting of Councilmember Michael Richarme, P&Z Commissioner Art Hobbs; SPIN#3 Representative Joe Mast and City staff,have recommended Lee Engineering, Inc., as the consultant for the Master Thoroughfare Plan Update. Lee Engineering specializes in traffic engineering and transportation planning, and has recently completed a traffic study. of SouthRidge Lakes Parkway for the City. Larry Hoffman, P.E., project manager for Lee Engineering,has 22 years of state,municipal and private consulting experience. His qualifications and those of his project team should prove invaluable through this process. 0 Attached you will find the contract agreement including scope of services, anticipated meetings table, and expenses estimate for the project. As defined in the agreement;the fee for the base scope of services shall not exceed$23, 887 which is within the$25,000 allotted in the 1994-95 budget. The • agreement also contains lump sum costs for additional work tasks not included in the base scope of services. Also attached is a proposed schedule for completion of the Master Thoroughfare Plan Update. As proposed, the estimated duration for completion of the base scope of services and adoption of the Master Thoroughfare Plan Update should be approximately six months. Please place this item on the next Council agenda for their consideration and authorization to approve the letter of agreement and begin the study. Should you desire further information pertaining to the qualifications of the selected consultant,the scope of services or the proposed schedule, feel free to contact me. TE att: Professional Services Agreement between City of Southlake&Lee Engineering, Inc. Proposed Schedule for the Master Thoroughfare Plan Update G:I WPFIPROJECTSIMTP-961MEMOSISERV--AG.CC • 5B-1 I2-21-1995 5: 12PM FROM LEE ENGINEERING 2147019669 P_2 ,.•. AGREEMENT BETWEEN CITY OF SOITIBLAKE,TEXAS AND LEE ENGINEERING,INC_ FOR PROFESSIONAL ENGINEERING SERVICES TUTS AGREEMENT, made and entered into by and between the CITY OF SOUTHLAKE, TEXAS, a umnicipal corporation,hereinafter called the"City", and LEE ENG ERING INC_, hereinafter called the"Consultant", • W1TNESSETH: THAT WHEREAS,the City Council of the City of Soutb:7ake,Texas,is authorized and empowered by provisions of the City Charter to execute contracts for professional services, NOW, THEREFORE, for and in consideration of the mutual covenants and considerations hereinafter contained,it is agreed by and between the City and the Consultant as follows: • • ST.C'ITOIY I-SERVICES OF THE CONS TiaAiSa That the Consultant,to the ratisfacti.on.of the Community Development Director and in accordance with the degree of care and skill a registered professional in Texas would exercise tinder similar conditions, shall prepare a Master Thoroughfare Plan Update. This update shall be based on the City's 1991 Thoroughfare Plan. The 1991 Thoroughfare Plan needs to be updated as a result of the rapid rate of development that is occurring and due to the significant changes in land use,pinning controls and regulatory controls that have occurred since the current Thoroufare Plan was adopted. Attached as Exhibit"A"is a detailed scope of services that will be followed to complete this update of the thoroughfare plan_ SECTION II-PLOD iSERVICE SECTION I services shallbe performed is sir(6)months from notice to proceed. Failure on the part of the Consultant to adhere to this work schedule shall be sufficient grounds for termination of the contract by the City. SECTION IId-PAYMENTS TO TIE CONSULTANT For all services described under SECTION I of this Agreement,the City shall pay the Consultant as follows: • A Payment to the consultant shall be on the basis of Cost Plus Fixed Fee. The Fixed Fee shall 5B-2 '12-21-1995 5: 13PM FROM LEE ENGINEERING 2147019569 P• 3 4110 be Two Thousand, Nine Hundred, Seventy-two Dollars($2,972). The maximum amount payable under this aft is Twenty-three Thousaad,Eight Hundred,Eighty-seven Dollars ($23,887). Estimated costs are itemized in Exhibit`B". The maximum amount payable will be revised in the event of change at scope,increased cost, complexity or character of the project or periods of service which exceed those periods defined in SECTION II as mutually agreed in writing by the City and Consultant. _ E. Payments to the Consultant for services rendered and direct expenses incurred shall be made once every month by the City. The Consulant's invoices will be submitted once every month and will be based upon total services completed at the time of billing. The City shall make prompt payments in response to the Consultant's invoices. Invoicing shall be prepared based on direct labor costs for the employees involved on the project. A provisional overhead rate factor of 149%for customary and statutory benefits and general and administrative overhead shall apply for computing partial payment of monies due and shall be adjusted to rates representative of actual overhead costs of the Consultant for the fiscal years during which work is accomplished,based on the Consultant's practices developed in accord with sound accounting principles. The Consultant shall be reimbursed for direct expenses incurred in connection with such,services. Payments to the Consultant for services rendered will be made based upon time worked, actual work performed,actual rates,and direct expenses. • Monthly payments of the fixed fee will be inrt proportion to actual costs paid as the work progresses. C. Requests for payment shall be accompanied by a progress report and an estimate of percent complete by task. The City will pay the Consultant's final invoice within fatty-five days from the date the Community Development Director has accepted the Consultant's work. D. The Consultant agrees that no charges or claims for damages shall he made by him for any delays or hindrances beyond the control of the City during the progress of any portion of the services specified in this Agreement. Such delays or hindrances, if any, shall be compensated for by an extension of time for such reasonable period as may be mutually • agreed between parties. It is understood, however, that permitting the Consultant to proceed to complete any services, or any part of than, after the date to which the time of completion may have been extended,shall in no way act as a waiver in the part of the City of any of its Iegal rights herein. SECTION IV-TEE_cures RESPONSIBILITIES The City shall furnish the Consultant, at no cost to the Consultant, the following information or services for this project: 5B-3 •12-21-1995 5: 14PM FROM LEE ENGINEERING 2147019669 P_ 4 • A. One copyof data the Citybelieves is pertinent to the Scope of Services,including copies of the Master Thoroughfare Plans of Keller,Westlake,Grapevine and Colleyvilie. B. One copy of data and information relative to policies, standards,criteria, studies,planning controls and regulatory controls that the City believes is pertinent to the Scope of Services. C. Designate the name of a Ci:y employee who will serve as the Project Representative during the term of this Agreement. 5ECFION.V-GENERAL CONDITIONS A. Records Records ofthe Consultant's direct payroll expenses,reimbursable expenses pertaining to this project, and records of accounts betvveea the City and the Consultant shall be kept on a generally recognized accounting basis and shall be available to the City, its authorized representative, and/or the appropriate Federal Agency if the project is federally fimded,for audit during normal business hours. B. Mierationin Character.oiWorlc III 'Whenever an alteration in the character of work results in a substantial change in the nature of the project,thereby materially increasing or decreasing the cost ofthe performance,the work shall be performed in accordance with the Contract and as directed. Before such work is started however,a Contract Change Order or Amendment shall be approved and executed by the City and the Ccnienitant Additions to,modifications,or deletions from the project provided herein maybe adjusted accordingly by mutual agreement of the contracting parties. It is distinctly understood and agreed that no claims far extra work done or materials fiirnished by the Consultant will be allowed by the City except as provided herein, nor shall the Consultant do any work or furnish any materials not covered by this Agreement unless each work is first authorized in writing. Any such work or materials furnished by the Consultant without such written authorization first being given shall.be at his own risk, cost,and expense, and he hereby agrees that without such written authorization he will make no claim for compensation for such work or materials furnished. . - • C. Termination The City and the Consultant hereby agree to the full performance of the covenants contained herein,except that the City reserves the right,at its discretion and without cause,to terminate or abandon the services provided for in this Agreement,or abandon any portion of the project for winch.services have been performed by the Consultant_ 1. In the event the City shall abandon the services or any part of the services as herein . provided, the City shall notify the Consultant in writing, and immediately after • 5B-4 '.12-21-1995 5: 14PM FROM LEE ENGINEERING 2147019669 P.5 • • • • receiving such notice the Consultant shall discontinue advancing the work under this Agreement and proceed to dose said operations under the Agreement. • 2. Upon such termination ar abandonment,the Consultant shall deliver to the City all work entirely or partially completed,together with all unused materials supplied by the City. - 3. The Consultant shall appraise the work he has completed and submit his appraisal to the City for evaluation_ The City shall have the right to inspect the Consultant's work to appraise the work completed. • 4. The City shall pay the Consultant for the work actually completed and properly performed through the date of such termination. If the parties do not agree upon the amount, the final determination shall be made in accordance with SECTION V, Paragraph J`Disputes.". D. Additional Work Additional work,when authorized by executed Contract Change Order or Amendment shall be compensated for by a fee mutually agreed upon between the City and the Consultant Attached to this Agreement as Exhibit"C"is a schedule of potential additinnal work with accompanying costs that the City may wish to authorize under the terms of this Agreement. • The cost for each tassk includes direct labor,overhead cost and fixed fee. As directed and authorized in writing by the City,the Consultant will perm any or all of the additional work included la Exhibit "C". For each task authorized by the City and completed by the Consultant,the Cem nitant will invoice the City the lamp srxm amount shown.la.Exhibit`C" for that specific task. E. Ownership of Documents All documents including, but not limited to: tracings, drawings, estimates, field notes, investigations, design analyses, and studies which are prepared in the performance of this Agreement are to be and remain the property of the City and are to be delivered to the Community Development Director before the final payment is made to the Consultant. - - However,if the Consultant wishes,he may keep copies of the above mentioned documents. lathe event these documents are reused without further consultation by the Consultant,the City agrees to hold the Consultant harmless from any claim arising from the reuse of the documents. F_ Completeness and Accuracy of the Consultant's Work The Consultant shall be responsible for the completeness and accuracy of his work,prepared or'completed under his obligation for this project, and shall correct, at his expense, all errors or omissions therein which maybe disclosed. The cost of the work necessary to correct those • 5B-5 • •12-21-1995 5:15PM FROM LEE ENGINEERING 2147019669 P.6 • • ble to the Consultant and anydamage incurred by the City as a result of errors attrilruta 1a such errors shall be chargeable to the Consultant. The fact that the City has accepted or approved the Consultant's work shall in no way relieve the Consultant of any of his responsibilities. • G. Claims Against the Cit>v • The Consultant hereby agrees to defend, indemnify and hold harmless the City, its officers, agents and employees from any and all damages, claims or liabilities and expenses, including attorney's fees, ansing out of or resulting in any way from the performance of professional services for the City in the Consultant's capacity as a Consultant,whether or not the same is caused by any error,omission,or negligent act of the Consultant or any person employed by hint,or by any negligent act of the City, its officers and employees. II Insurance The Consultant shall secure and maintain during the life of tbis Contract insurance coverage on an occurrence basis to include Workmen's Coznpedsatiom;Employers'Liability,General Liability(including Contractual Liability coverage)and Automobile Liability. The General Liability shall be no less than S1,000,000. The minimum amounts of coverage for the • Consultant's Professional liability shall be$250,000 per claim,on a claims-mnade basis with an annual aggregate of no less than $250,000. The existence of this coverage shall be evidenced on a Certificate of Insurance(ACOID form or equivalent approved by the City). The City of Soutblake, a municipal corporation, its officers, employees, and designated volunteers,are to be additional insureds on the Certificate of Insurance(except on Workman's Compensation and Professional liability). The Consultant shall submit a Certificate of Insurance to the Community Development Director evidencing the required coverage and limits stated above within 10 days after the signing of the contract by the Consultant. Certificates shall be renewable annually. any insurance policy is due to expire during the life of this contract, the Consultant shall provide a Certificate of B eaewal evidencing the required insurance coverage to the City not less than 15 calendar days prior to the expiration date. 1. Successors and Assigns The City and the Consultant shall bind himself his partners, soeeessors, assigns, and legal representatives to the other party to this agreement and to the partners, successors,assigns, and legal representatives of such other party in respect to all covenants of this Agreemc at. Neither the City nor the Consultant shall assign sublet, or transfer his interest in this Agreement without the written consent of the other. In no event shall any contractual relationship be created between any third party and the City_ • 5B-6 ' .12-21-1995 5:15PM FROM LEE ENGINEERING 2147019669 P.7 • • J. Disputes In any dispute arising out of an interpretation of-this Contract or the duties reguuired therein not disposed of by agreement between the Consultant and.the City, the final determination at the administrative level s10 be made by the Community Development Director. K. Covenant Against Contingent Fees ; The Consultant warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission,percentage,brokerage, or contingent fee;and that no member of the City Council or any employee of the City of Southlake has any interest,financially or otherwise,in the consulting firm. For breach or violation of this warranty,the City shall have the right to annul this Contract without liability, or at its discretion to deduct from the Contract price or consideration,the full amount of such commission,percentage,brokerage,or contingent fee. L. Equal Opportunity/Affirmative Action The Consultant shall comply with the provisions of this Agreement pertaining to discrimination and accepting applications or hiring employees. The Consultant shall not discriminate against any worker,employee or applicant,or any member of the public,because of race, color, religion, gender,national origin, age or disability nor otherwise commit an unfair employment practice_ The Consultant will take affirmative action to ensure that applicants are employed, and employees are dealt with dining employment,without regard to their race, color, religion, gender or national origin, age or disability. Such action shall incinde but not be limited to the following: employment,promotion,demotion or transfer; recruitment or recruitment advertising;layoff or termination;rates ofpay or other forms of compensation;and selection for training,including apprenticeship as well as all other labor organizations firmishing skilled,unskilled and union labor, or who may perform any such labor or services in connection with this Contract TheConsultant further agrees that this clause will be incorporated in all subcontracts,job-consultant agreements of this Agreement entered into by the Consultant . Independent Contractor The Consultant is and shall be an independent contractor_ Any provision in this Contract that may appear to give the City the right to direct the Consultant as to the details of accomplishing the work or to exercise a measure of control over the work means the Consultant shall follow the wishes of the City as to the results of the work only. These results shall comply with all applicable laws and ordinances. • 5B-7 .12-21-1995 5: 16PM FROM LEE ENGINEERING 2147019669 P- 8 • • theas to the results of the work only. These results Consultant shall follow the wishes of City shall comply with all applicable laws and ordinances. N. Project Staffing Prior to the start of any work under this Contract,the Consultant shall submit to the City detailed resumes of k6y personnel that will be iavnlved in performing services prescribed in the Contract The City hereby acknowledges its acceptance of such personnel to perform services under this Contract. At anytime hereafter that the Consultant desires to change key personnel while perfuming under the Contract,the Consultant shall submit the qna liCcations of the new personnel to the City for prior approval Key personnel shall include principals in charge,project.managers„and resident project representatives. The Consultant will maintain an adequate and competent staff of qualified persons, as may be determined by the City, throughout the performance of this Contract to ensure acceptable and timely completion of the Scope of Seances. If the City objects,with reasonable cause,to any of the Consultant's staid the Consultant shall take prompt corrective action acceptable to the City and, if required,remove such personnel from the project and replace with new personnel agreed to by the City. O. Subconsu lta nts • Prior to beginning the work,the Consultant shall furnish the City for approval the names of subconsultants to be used on This Project. Any subsequent changes are subject to the approval of the Coimmanity Development Director. • P. force Majeure If either party shall be delayed or prevented from the performance of any act required under this Agreement by reason of acts of God or other cause beyond the control and without fault of the party(fraanciial inability excepted),performance of that act be excused,but only for the period of delay. The time for performance of the act shall be extended for a period equivalent to the period of delay. Q. Von Waiyer tr-ovision The failure of either party to enforce any of the provisions of this Agreement or to require performance of the other party of any of the provisions hereof shall not be construed to be a waiver of such provisions, nor shall it affect the validity of this Agreement or any part thereat or the right of the other party to thereafter enforce each and every provision. r 5B-8 . . 12-21-1995 5: 17PM FROM LEE ENGINEERING 2147019669 P.9 State of Texas,both as to interpretation and performance. Any action at law,suit in equity or Judiehil proceeding for the enforcement of this Contract or any provision thereof shall be instituted only in the courts of the State of Texas. Venue in any proceeding initiated under this Contract shall lie in.Tarrant County,Texas. This Contract shall be in frill force and enact only when it has been approved by the duly authorized City officials. • IN WITNESS WHEREOF,the parties hereto have executed this Agreement on Lee Engineering,Inc. City of Southlake By: By: -Larry V.'Hoffman Gary Fickes,Mayor Vice President City of Southiake ATTEST By: Sandra L.LeGrand • City Secretary APPROVED AS TO CONTENT By: Greg Last Community Development Director APPROVED AS TO FORM By: Wayne R. Olson Legal Counsel • 5B-9 . .12-21-1995 5: 17PM FROM LEE ENGINEERING 2147019669 P. 10 IP EXHIBIT "A" SCOPE OF SERVICES FOR MASTER THOROUGHFARE PLAN UPDATE Task 1 -Program Coordination i The Consukant will develop a framework for project coordination.and will maintain coordination with all involved entities throughout the duration ofthe project. The Consultant will coordinate the efforts of the City staff; the City's Planning and Zoning Commission; neighborhood groups via public meetings; Cheatham & Associates, the City's construction engineering consultant; and Fielding, Barrett and Taylor,the City's Iegal counsel. It is anticipated that the City will appoint one staff member to serve as the City's Designated Representative for the purposes of this project. The Consultant will route all communications and correspondence through the Designated Representative to facilitate the coordination of the project and the consolidation of information by the Designated.Representative. The Consultant shall prepare a draft Project Work Plan which shall provide a schedule for specific work tasks, deliverables, and reviews. The draft work plan will be presented for discussion at the project kick-off meeting.After receipt of comments from the City,the Consultant will make revisions and submit a final Project Work Plan. The Consultant shall provide one copy of the draft and final iiversions of the Project Work Plan. The Consultant shall prepare for and attend project meetings. The meetings included in the basic scope of services are itemized under Task 11. Each monthly invoice will be accompanied by a brief report which shows the estimated percent of completion for each major task and the project as a whole. It is mutually agreed that no other progress reports will be required. Task 2-Analysis of Current Thoroughfare Plan The Consultant has acquired a copy of the 1991 Thoroughfare Plan and.Report, and has subjected the documents to a cursory review. The Consultant wilirevie v the report and plan in detail to further understand the purpose and scope of the study. The Consultant will become very familiar with the foundation on which the plan was built. Task 3-Analysis of Existing and Planned Land Use Changes The Consultant will work with City staff and the Planning&Zoning Commission to obtain a complete understanding eland uses that have been rezoned since the 1991 Thoroughfare Plan was completed. in consultation with City staff,the Consultant Will also ascertain the changes, if any, that have been made to the City's Land Use Plan since 1991. The Consultant will also become familiar with any nether changes to the Land Use Plan that are being proposed. • 5B-10 . .12-21-1995 5. 18PM FROM LEE ENGINEERING 2147019569 P. 11 • Zone cases that have been approved since 1991 could potentially affect the short-term impact on the street system that will be analyzed in Task 6.Recent or proposed revisions to the Land Use Plan will affect the long-term impact on.the arterial and collector streets.Long-team impacts will be evaluated in Task 7. • Task 4-Analysis of Planning and Regulatory Changes • The Consultant will review the planning and regulatory controls listed in Section IV of the Request for Proposals(KF ). Any conflicts between controls will be identified and suggestions to remedy the conflicts will be developed. The trail plan and corridor plait will be examined to identify any revisions that need to be made to the roadway section and right-of-way requirements shown in the 1991 Thoroughfare Plan_ The driveway ordinance will be.reviewed with a special emphasis on the required spacing of driveways_ Task 5- Analysis of Area Thoroughfare ins The Consultant will examine the thoroughfare plans of the adjacent cities of Keller, Westlake, Grapevine and Colleyvilie. The Consultant will evaluate the need to revise the 1991 Thoroughfare Plan to provide compatble street cross sections where the streets interface at the city limits line. The Consultant will also evaluate the need to realign any proposed streets to make appropriate ties to future streets proposed in the.Thoroughfare Plans of adjacent cities.. illTask 6-Examination of Current Traffic In conjunction with the 1995 Roadway Impact Fee study,the City collected 24-hour,two-way traffic counts at about 45 locations within the city. The Consultant will compare the 1995 counts to the counts taken in 1991 when the Thoroughfare Plan was developed. The Consultant will identify any streets that experienced a major increase iu traffic in the past four(4)years and determine the short- term impact of the increased traffic on the street. The Consultant will develop a recommended solution to mitigate the short-term impact as an interim measure that will suffice until,the street can be reconstructed to its ultimate cross section. Task 7-Determination of Future Traffic The Consultant will review the land use assumptions that were used in the 1991 travel demand. model. The Consultant will compare the 1991 assumptions with the recent and proposed land use changes identified in Task 3. The Consultant will determine if the land use changes are of such a magnitude that they would warrant running the travel demand model to obtain year 2015 traffic projections. If it is determined that the model should be run,it is understood that miming the model isnot inchided in this basic scope of services,but is included in the Additional Work Tasks itemized in Exhibit"C"_ If it is determined that the model need not be run,the Consultant will make manual adjustments to the traffic projections to account for the land use changes. The Consultant will complete a manual procedure of trip generation and distribution and assign the traffic to the surrounding streets. The ak traffic assignments will be superimposed upon the projected traffic and the long-term impacts on the street system will be determined. The Consultant will not complete detailed capacity analyses at 5B-11 . 12-21-1995 5: 18PM FROM LEE ENGINEERING 2147019669 P. 12 41) intersections to detexbaiue the impact;but rather, in conjunction with city staO the Consultant will develop typical planning level street capacities for arterials and collectors that will be compared to the manually-adjusted fixture traffic projections. Task 8-Roadway Network&Thoroughfare Design Utilizing the results of Task 7, the Consultant will develop an ultimate roadway network. The Consultant will coordinate with Cheatham &Associates to develop corresponding street cross sections and right-of-way requirements for the ultimate T.b,oroughfare Plan. The concepts of a rural arterial street section with,no curb and gutter and an urban street section with curb and gutter and raised medians that could possibly be landscaped will be evaloated. The Consultant will make recommendations regarding the need to revise the street cross sections and.right-of-way requirements to atcomwodate trails on or adjacent to the streets. Task 4-.Ancillary Recommendations The Consultant will review the City's subdivision ordinance, driveway ordinance, and other regulatory controls and make recommendations for appropriate changes. The Consultant will suggest changes to the regulatory controls that will reflect any changes necessary as a result of the updated Thoroughfare Plan_ As mooned in Task 4,the Consultant will recommend changes to mitigate any conflicts between the regulatory controls. Task 10-Interim&Final Product Interim deliverables for review by city coraaoaiattees and staff members will be provided in sufficient quantities_ It is understood that city staff will make reproductions of interim deliverables that axe either letter size or legal size documents. The Consultant wall provide Cheatham&Associates working drawings of the Master Thoroughfare Eau Map. Cheatham&Associates will create the final,CAD-generated graphics for the snap_ The Consultant will provide the City ten bound and one unbound original reports with graphics to soppoxt the written text. The Consultant will also provide an electronic copy of the report text in WordPerfect V6.1 for Windows. Task 11 -Meetings The Consultant will prepare for and participate in meetings with the city staff, the Planning and Zoning Commission,neighborhood groups,and the City Council. The following list of meetings is included in the basic scope ofsesvices for thepmject. Meetings in addition to those listed below will be considered additional work tasks and wdlbe invoiced to the City in accordance with the provisions contained in SECTION V-D and Exhibit"C"of this Agreement_ • • 5B-12 • 12-27-1995 2:21 PM FROM LEE ENGINEERING 2147@19669 P.2 ANTICIPATED 'MEETINGS FOR THOROUGHFARE PLAN UPDATE 1. STAFF MEETING-Consider changes is existing&future land uses,trails plan impact, divided versus undivided and other problems&opportunities. 2_ STAFF MEETING-Develop issues for evaluation at joint work sessions. 3. PUBLIC MEETING-P&Z public meetiog to discuss preliminary issues and seek public input, 4. WORK SESSION-P&Z work session for development of preliminsry thoroughfare plan. recommendations. 5. WORK SESSION-P&Z work session for development of preliminary thoratiigbfire plan recommendations. 6. AREA SPINAEETING-Informal meeting to gather SPIN input on P&Z's preliminary recommendations. 7. WORK SESSION P&Z work session to evaluate SPIN input and formalize 11111 thoroughfare plan recommendations. 8. P&Z FORMAL ACTION-At regularly scheduled meeting,formal action to adopt P &Z recommendations. 9. JOINT P&Z/CITY COUNCIL WORK SESSION-Work session to discuss P&Z's recommendations. 10. CITY COUNCIL PUBLIC HEARING&ADOPTION-At regularly scb.eduled meeting, formal action to adopt thoroughfare plan recommendations. 11. MEETING-A public meeting for which the nature and date is to be determined (approximate duration is three hours.) 12. MEETING-A public meeting for which the nature and date is to be determined (approximate duration is three hours.) • 5B-13 • 0 0 • ., N 1 ro EXHIBIT "B" (Page 1 of 2) i Southiake Master Thoroughfare Plan Update 0 Labor and Direct Expense Estimate m N Lee Ennineering, Inc, 3 Project Project Secretary! .Total Direct Labor Direct Labor + O.H. Task Description Principal Manager Engineer Clerical Hours Cost jDLC) Cost(DLC x 2.49) 1 Program Coordination 2 12 8 22 $668 $1,863 0 2 Analysis of Thoroughfare Plan 4 4 8 $279 $895 3 Analysis of Land Use Changes 6 4 10 $361 $899 • 4 Analysis of Planning& 2 6 8 $327 $814 m Regulatory Changes z 5 Analysis of Area Thoroughfare 4 10 14 $452 $1,125 c) M Plans m 6 Facamination of Current Traffic 4 16 4 24 $e73 $1,676 A 7 Determination of Future Traffic 2 6 24 4 38 $1,087 $2,857 Z 8 Roadway NeMork&Thorough- 8 28 8 42 $1,149 $2,851 0 fare Design N 9 Ancillary Recommendations 4 8 4 18 $539 $1,342 _ .i 10 Interim&Final Products 2 8 12 12 34 $899 $2,239 m 11 Meetings(Assume 12 Meetings) 38 6 42 $1,544 $3,844 G co Totals 12 100 98 46 256 $7,958 $19,815 o)m • Direct Expenses Printing&Reproduction 800 Mileage 200 Telephone,Postage,Misc. 100 Total Direct Expenses 1,100 Lee Engineering Total Costs $20,915 Fixed Fee $2,972 TOTAL $23,887 i; ° 12-27_199B 2:21PM FROM LEE ENGINEERING 2147019669 P_3 EXHIBIT "B" (Page 2 of 2) SOVTX3LARE MASTER THOROUGHFARE PLAN UPDATE • SOURLY DIRWE LABOR COSTS Principal $40.87/hour Project Manager $40.87/hour Project Engineer $28.85 i hour Secretary/Clerical $12.02 /hour • 5B-15 —*Z I—I b:2c6PM FROM LEE ENGINEERING 2147019669 P. 15 11) EXHIBIT "C" ADD TONAL WORK TASKS* TASK LTT11P serif GS'i 3T • Meetings in.Addition.to Meetings Included in $300 per meeting Task 11 of Scope of Services • Inii:ia�l TRANPLA,N Model 1.nn $1000 • Iteration of TRANPLAN Model Run $400 • Develop Typical Geoinetrics for Major Intersections $350 per intersection *Not included in Basic Scope of Services. See SECTION V-Xf of Agreement. 4111 • • 11111 5B-16 PropOd Schedule - Master Thoroughfare PlIkpdate Decem er 29, 1995 Jan Feb Mar Apr May Jun Jul Aug 1 AWARD CONTRACT FOR SERVICES- 1/02/96 +CC 2 ANALYSIS OF CURRENT THOROUGHFARE PLAN-Consultant review of the current Thoroughfare Plan and Report(1991)for past transportation planning objectives,expected levels of service,roadway classifications,street cross-sections,etc. 3 ANALYSIS OF EXISTING&PLANNED LAND USE CHANGES-Consultant review of existing changes of 11 land use(zoning),proposed changes in land use(land use plan&corridor study)and subdivision of property(platting)that have occurred since the 1991 Thoroughfare Plan for their impacts on trip generation and travel(trip distribution) 4 ANALYSIS OF PLANNING&REGULATORY CHANGES-Consultant review of planning and regulatory controls,particularly the driveway ordinance,trail system master plan and corridor study,for their impact on the physical requirements of roadways such as right-of-way widths,street cross-sections,etc. 5 ANALYSIS OF AREA THOROUGHFARE PLANS-Consultant review of the thoroughfare plans of adjacent 133 cities for their impact on thoroughfares within Southlake,coordination of Southlake's roadways on a regional basis,etc. 6 STAFF MEETING-Consider changes in existing&future land uses,trails plan impact,divided versus +ST undivided and other problems&opportunities- 1/16/96 7 SPIN STANDING COMMITTEE MEETING-Informational meeting on thoroughfare plan and plan process +SP - 1/25/96 8 STAFF MEETING-Develop issues for evaluation at joint work sessions-2/06/96 +ST 9 EXAMINATION OF CURRENT TRAFFIC-Consultant review of the 1991 Thoroughfare Plan and the traffic counts for determination of levels of service,identification of deficiencies,etc. 10 PUBLIC MEETING-Public meeting with P&Z to discuss preliminary issues and seek public input- +PZ 2/15/96 11 DETERMINATION OF FUTURE TRAFFIC-Consultant develops traffic projections for the ultimate "build-out"of the City taking into account regional projections and corresponding through-traffic 12 ROADWAY NETWORK&THOROUGHFARE DESIGN-Consultant develops ultimate roadway network and corresponding thoroughfare design including ultimate rights-of-way&street cross-sections,etc. 13 ANCILLARY RECOMMENDATIONS-Consultant recommends applicable changes in the subdivision ordinance, driveway ordinance and other regulatory controls. • •.:;''.;••:,..',,,.',..', •••:. ... . , -....,„.:;;•:,:•:,,..:,..:ii,•.*::',:::•,::.;i:,•:.,:,:, ,,'••,*•:,:,••'::..„:',.,i::•i:i:i;::ii::i:iiiiiiii::.,i.: ::::::::::::ii:,,i;:i.i:•i,,,:::::::,:i•:,,•:•::i;:iii:?,:••:,.:::::.:'•':,, ;::•.::•::'.:':::ITEM '.. :.:'.:....::.,...,:.:.:::.:--,::,,,,::•-...:?,::•.,*::.:i,:::•:::::::.:si:::::].::::..:::*::::.::,,:i.i.:...:.....-',,.,:.:., ,....,....,,,,,,,,.. ....kef.-... . ..H,..i::::;:::::::::.:::-.E::;-i:'.:.''.:.,,..:..:-.-.-::::: ,:,,-._.,.i..:,:i..:::.... ....i...JV: ....,:, 41 : h : , : ::::4ii:°:maiM .,;..ii:i..i,]-::::,i.....:::;.-i-:!.,::i:i-]]ii.p:,.,,..:i, .:,-••:.,,...,:ii ;.::;.,.,.,..i::,,:niNigii::::g i,:i::;:,:,:-:::,i ,!:4:i,. :iiiiHfiiil!gi .:0::::,.:-i,:i!:i]: :ii.,:ii!!iii!:iii!iiiiiii!iiii',!..i:i:w.p: i:::, :i:ii::::: ::;0:; .!!4!?...: gF:g!40:: .:.LY:44!M Apr .M0.y.:::::: Jun Jul' ::.-1..:41'''.i: Aug 14 WORK SESSION-P&Z work session for development of preliminary thoroughfare plan recommendations +PZ -3/14/96 15 WORK SESSION-P&Z work session for development of preliminary thoroughfare plan recommendations +PZ -3/28/96 16 DEVELOP DRAFT PLAN&REPORT-Consultant develops draft of report based on Consultant's findings and P&Z recommendations 17 AREA SPIN MEETING-Informal meeting to gather SPIN input on P&Z's preliminary recommendations- +SP 4/09/96 18 WORK SESSION-P&Z work session to evaluate SPIN input and formalize thoroughfare plan +PZ recommendations-4/25/96 19 CITY REVIEW DRAFT REPORT&PLAN-Staff review of"formal"draft of Consultant's thoroughfare Nimi plan kJ' 20 DEVELOP FINAL REPORT&PLAN-Consultant develops final report limi 00 --... 21 P&Z FORMAL ACTION-At regularly scheduled meeting,formal action to adopt P&Z recommendations- +PZ Ob 6/06/96 22 JOINT P&Z/C.C. WORK SESSION -Work session to discuss P&Z's recommendations-6/11/96 +PZ/CC 23 C.C.PUBLIC HEARING&ADOPTION-At regularly scheduled meeting,formal action to adopt +CC thoroughfare plan recommendations-6/18/96 Legend: SPIN Meeting=SP;P/Z Meeting=PZ;Council Meeting=CC;Staff Meeting=ST. G:\WPF\PROJECTS\MTP-96\SCHED.WPD • • City of Southlake,Texas MEMORANDUM December 29, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-188, Second Reading ZA 95-106,Rezoning and Concept Plan/Liberty Bank REQUESTED ACTION: Rezoning and Concept Plan for Liberty Bank,being 0.984 acre tract of land situated in the Thomas Easter Survey No.474 and the S.Freeman Survey No. 525, and being legally described as Tract 1E1, W. E. Mayfield Addition LOCATION: 2438 E. Southlake Boulevard(F.M. 1709),on the North side, approximately 200 feet East of Bluebonnet Drive OWNER: Keith Bunch APPLICANT: Liberty Bank CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Mixed Use NO.NOTICES SENT: Eight(8) RESPONSES: Four(4)written responses(eceived within 1 00' notification area. • Gordon M. Nettleton, 2611 E. Southlake Bou eva•, o thlake, Texas 76092, in favor, "This is logical location for commercial zoning." • Robert G. Lyford, 6502 Santolina Cove, Austin, Texas 78731-2806, in favor. • Wetzel Family Partnership, 102 Westlake Drive, Suite 106, Austin, Texas 78746-5373, in favor. • Roy E. Lee, 2620 E. Southlake Boulevard, Southlake, Texas 76092, in favor, "It appears this area is and should be zoned commercial. I whole hearted support this action." 7A-1 MEMORANDUM CURTIS E. HAWK 0 ORDINANCE NO.480-188, SECOND READING ZA95-106, REZONING AND CONCEPT PLAN DECEMBER 29, 1995 PAGE 2 P &Z ACTION: November 9, 1995; Approved to Table (7-0) ZA95-106, Rezoning and Concept Plan for Liberty Bank until December 7, 1995 Planning and Zoning Meeting. December 7, 1995, Approved(6-1)ZA95-106, Rezoning and Concept Plan for Liberty Bank, subject to Plan Review Summary No. 2 dated December 1, 1995, as amended as follows: 1) modifying item #4A (500' distance between full access driveways) to allow access driveways as presented 2) deleting item#4B (38' driveway throat depth). COUNCIL ACTION: December 19, 1995; Approved (6-1) First Reading of Ordinance No. 480- 188,ZA95-106,Rezoning and Concept Plan for Liberty Bank,subject to Plan Review Summary No. 3 dated December 15, 1995, as amended as follows: 1) deleting item#2A(500' distance between full access driveways), III 2) deleting item#2B (38' minimum driveway entrance throat depth), 3) modifying the 25' bufferyard shown along FM 1709 to allow the 20' bufferyard as required by the Corridor Overlay Ordinance and the remaining 5' of landscape area would count toward interior landscape requirements. STAFF COMMENTS: There has not been a revised submittal for the second reading of this application. Attached you will find Plan Review Summary No. 3 dated December 15, 1995 as previously reviewed by Council at first reading. KPG/ls C:\WPFIMEMO\CASES95\95-106ZC.2CC S 7A-2 silo" N - - T r 1r . _ - •I • 4 501 5D1D :+ r TY' - 3' Ali= ��M � p D m sA4 501 1 c A Ni M P. F .14emrOm ` A ' - ,F T. Z x se4a1 BCi j • -r r:1aa9:16Ur•im4N1, J f`�1L, 1 SURVEY A-r04• z � � MEP" 2810 � R,�I�� -11 _- r • 1'� -t 5A4A ©' 2aD ��®©©® i 1 i ,�� :.:.a 5 R , ��, 285 • ...OIrI ....��.. / I 1 I-I_I I I_I I 1 1 .1ARIG 1 �0PA .4q1 ® © a © 2° In I • ��. - A 1J " 1-' • 2A1 2A 0 MI} - L 584E z �� 0 rA • 582 E V G -6 �Y 1N� 2AlA P • - ! 2A2 _ �Q_ �— `c.1 , 592C N �Gp�6- -_L- se2B 582A LDS .;,ter. T�1�e1V1 Q S G&S`�C 1 01 i 1B3 18 182 1 t SURVEY A-456 --......saai 3C (x11 1 IA 2E9C NORTHWEST PKWY TST r II 2D� , 2E3 2E14 ` 2E13 N 6 ® 1 � ,_, Nil . ,, , : 2E12 OP' ' -- l��p •1 2E3A �1. V ,11 GO 1'1 WO r AUsn«PLACE ` ! l I , -, '-,. ►_ GA1E�00 LANE 2E5 y` :3A 1 o�'-�EAST SOUTHLAKE BLVD. 1 1 I G , I I I , 1 1 ` 2C 2 28 182A 1821E t �� _ I I I � •,� laze Y" G�1� ,® iR +1�'+� , , 3 3E x 1 -38 BB C - 15 Ac 90�}`5 �; 2E �.RRSg �►ir��.T , JT , O 1'\ 8 B` OS 2A3A1 2A2 a�1�' Spu /, I - 1B1 kc' i 6A1A1 I m 2A3 A2A 2AIA 1 881 x 2 2AMB 361 - 3 Ac i I '" imlip 1 L 1C 2A3A 2A1 3A \ �� ' ' V' 1 2C --- ---- �!� ' 12 09 A< l� G 1�. 11A 118 � L ID 11E _- --- ^1 j3G1 MDO* �G;IOO Gait Q�"�41f� - � 3A to -- --1 SURVEY A-474 I 1 !�' G `- SA o12.09 13.6 Ac �n oA�✓ _ 5 a�1-- ..-_-.:1- -- _ R7 its ` - 1,D _— , NW' 1 5C -- __Jr:1 3 38 < - o•k- 1103 1 -t -1 C 1 O ,_; pAg , (6�} 6G 4A1 --1- 1 ..Ti. --- �- ) 1 - -- I 1 'r' r 11D1 4A4 N-cG ! ' , 1 `�O a f 6K1 �K« 1 ! h . EXCHANGL BLVD r--- , ! o \.O I I I 1 1 I 11DSA1 1104 I I I I i-1 17 ,----i 1 383 3 1 GRAPEVINE CITY LIMIT 1 (v J 6 I • 1;1 3Ac 6.15Ac I INDUSTRIAL BLwe---- E I 68, GR. ,-1"_._- i i 6E , , e RK N_5 BEN G6C so 6E SU''� ---- �,nD 61 Ac 51R1A1- o--- �� 1NDU 1 • r-- TRACT MAP 6F 1At113i 1 J 1 1 1 4a `{ r , 1 • TAG ,i i ' � su" 7A-3 ' 1 j ��R LINN pr. 118100 I ° 181Ali. \ •• 1 `\ ` IKrim� 1 o: I1,�n 1 /0i /� \ n _ ___1I 1 �- — • - ADJACENT OWNERS I J 1. J 3 , AND ZONING y \ 33 W 7 1 , r-', M'A Spin #7 Representative L . _ . . Sporrer \j\JPeter i /3UJ!-i w � � J 3 m I Wetzel AG" "C-3" Family I Partnership J. Parker 1E2 � .67-------------------- j-- ---k-- Jl I "AG p►G„ R. Lee • r//��/ H. Eaton ` "AG" 1 - �,C_3" ` ' 31 A I . State of T� , .--.. j Southlake Kimball. oXas R.O * E w r • ``/J'� ,_,Venture) J • __F. -<_ 2A3A1 21/2/ 72A2 2A „C_2" "AG" 2 A 2 A 2A1 2 G. Nettleton R. Lyford 2A City of . Ai Southlake „CS„ 7A-4 City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY ase No: ZA 95-106 Review No: Three Date of Review: 12/15/95 Project Name: Concept Plan for "C-2" Zoning- 0.892 Acres out of Lot 1,W.E. Mayfield Addition, in the Samuel Freeman Survey Abst. # 525 APPLICANT: ENGINEER: Liberty Bank Ernest Hedgcoth Consulting Engineers 5801 Davis Boulevard 5701-C Midway Road North Richland Hills, Texas Fort Worth. Texas 76117 Phone : Phone : (817) 831-7711 Fax : Fax : CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/28/95 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. 1. The "scaled" width of the parking island adjacent to the northeast corner of the building is 5'. Landscape parking islands must be a minimum of 8' wide bc-to-bc, if curbed, or 9' wide ep-to-ep, if not curbed, and equal to the length of the parking stall. 2. The following changes are needed with regard to driveways: A. According to the driveway Ordinance No. 634, a minimum distance of 500' is required between full access driveways. The existing driveways located on the east and west of the site are less than 500' from the proposed driveway on this.Site. B. Provide the driveway entrance throat depth for traffic stacking in accordance with the requirements of the Driveway Ordinance No. 634. Based on the number of parking spaces for this site, the minimum driveway entrance throat depth required is 38'. C. Label the Common Access Easement at the southeast corner of the project that provides access to the property to the east.The Common Access Easement must encompass the entire driveway including the median divider. 7A-5 City of Southlake,Texas * Please note that shrubs within the Type 0 bufferyard must obtain a mature height of 3' or greater and be planted at a minimum spacing of 30" on center continuous along the paved edges of drives and IIP parking areas adjacent to the bufferyard. * 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-S, Corridor Overlay Zone Regulations, will be required on the east, south, and west building facades. * No review of the landscaping is intended with this concept Plan. Landscape and irrigation plans meeting the requirements of Ord. 544 will be required prior to the issuance of a building permit. * The applicant should be aware that prior to issuance of a building permit a Plat Revision 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. * It appears that this property lies within the 75 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. • * Denotes Informational Comment cc: Liberty Bank Ernest Hedgcoth Consulting Engineers 0\WPF\REV\95\95-106CP.WPD 7A-6 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-188 11,0 • 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 0.984 ACRE TRACT OF LAND SITUATED IN THE THOMAS EASTER SURVEY NO. 474 AND THE S. FREEMAN SURVEY NO. 525, AND BEING LEGALLY DESCRIBED AS TRACT 1E1, W. E. MAYFIELD ADDITION, 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 F• PUBLICATION IN THE OFFICIAL NEWSPAPER • D PROVIDING AN EFFECTIVE DATE. WHEREA', e City of South!. . :, -xas 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 • G:\ORD\CAS ES\480-188.2RD Page 1 7A-7 SWHEREAS,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 S 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: IIISection 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City G:\ORD\CASES\480-188.2RD Page 2 7A-8 4110 of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 0.984 acre tract of land situated in the Thomas Easter Survey No. 474 and the S. Freeman Survey No. 525, and being legally described as Tract 1E1, W. E. Mayfield Addition, and more fully and completely described in Exhibit"A" attached hereto and incorporated herein, from "AG" Agricultural District to "C-2" Local Retail Commercial 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. S 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 G:\ORD\CAS ES\480-188.2RD Page 3 7A-9 • refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal,whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed 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. IIIPASSED AND APPROVED on the 1st reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY S G:\ORD\CASES\480-188.2RD Page 4 7A-10 PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: • G:\ORD\CASES\480-188.2RD Page 5 7A-11 • SEXHIBIT "A" LEGAL: BEING a tract of land out of the THOMAS EASTER AND THE S. FREEMAN SURVEYS, situated in Tarrant County, Texas, and being part of LOT 1, of the W.E. MAYFIELD Subdivision as recorded in Volume 388-C, Page 4, Plat Records, Tarrant County, Texas, said tract being more particularly described by metes and bounds as follows: BEGINNING at an iron pin in the Northerly R.O.W. line of E. Southlake Blvd. , said point being South 72 degrees 30 minutes East 290.0 feet and North 06 degrees 22 minutes East 22.19 feet from the Southwest .corner of said Lot 1, W.E. Mayfield Subdivision; THENCE North 6 degrees 22 minutes East 154.94 feet to an iron-pin for the northwest corner of the herein described tract; THENCE South 89 degrees 47 minutes East 206.2 feet to an iron pin at fence corner for the Northeast corner of the herein described tract; THENCE South 6 degrees 22 minutes West 224.31 feet along a fence line to an iron pin at fence corner in the Northerly R.O.W. line of said East Southiake Blvd. for the Southeast corner of the herein described tract; THENCE North 70 degrees 38 minutes 50 seconds West 210.39 feet along said R.O.W. line to the POINT OF BEGINNING. • . • ., S G:\ORD\CASES\480-I 88.2RD Page 6 7A-12 , ., —= — SIATC IIVT.III \!I PARKING REQUIRED • IS SPACES SCALE I' • 20' PARKING PROVIDED • 22 SPACES tuffCRTARDS h.,�,,. v..111Kts .,cc•,MU 1.•,11 AIN w.1. .111111 NORTH 206' REQUIRED r• t • • . 11 7� PROVIDED $A SITE • C') AIM PARKER EAST 224' REWIRED w 1 1 , 1t L' / 7317 VHITFIELD CR. p(t�y'p[p '' C NORTH RICHLAND HILLS. TEXAS aUUIH 211' R[QOIRED WA 1 c ft 'J" Ii'' rl ].72 AC.OUT OF TR.1 OF VE.MAYFIELD SUBDIVISION` VEST I33' REQUIRED D ��. ' f .- r t fn.1709- SOUTI&AKC DLVD, ZONED 'C-0' PROVIDED r• a T It LJLD. • MIXED USE VCTZEL FAMILY PARTNERSHIP LTD. P / 102 VCSTLAKC DR.tt06 ' 30443.1 len Kn•1 MCI 144/11 S 89— 47' E 206.2' AUSTIN TEXAS 78746-5373 INTERIOR LANDSCAPING ROD. ,!p t S n M1 V WO 1Mt ZONED 'C-3' INTERIOR LANDSCAPING PROVIDED ,M+ , 1 n ,,. _ L.U.D. •• MIXED USE 4 p ! ////l/!!//t/ /////l///!/!////I / / ! //� VICINITY MAP / • . VI -----i-1ffii11 j L.U.D. = MIXED USE LEGEND. / CONC.PAVING EXISTING ZONING 'AG' / DRIVE nrKU uxn PROPOSED ZONING C-2 O1 ' PROPOSED USED = BANK BUFFER YARD In i / r,_ ""��nD„ EXISTING TREE'COVER = 10% SIDEVALK mGm / ` - BEING A TRACT ❑F LAND ❑UT OF THE THOMAS EASTER LANDSCAPING N 2 / oo �/•. AND THE S. FREEMAN SURVEYS, TARRANT COUNTY TEXAS EXISTING TREES 03 1 / . AND PART OF LOT 1, W.E. MAYFIELD ADDITION, `C1 ; H 0 TANK N RECORDED IN VOLUME 388—C, PAGE 4 Z i1 G�' 300o SF MAX j 3 TARRANT COUNTY PLAT RECORDS ;� 11115 y I. �y / �, .... .IIIII�I� a 11 of / NO HARLEY CATON l`/ J /?is-t 111P id j ' TR.l-81 I. TR. 1-t1A / _ x ��(((jjj///%� EC 2330 E.SOUTHLAKE BLVD. --- �� j,,, k ZONED AG(USED AS AUTO RESTORATION FACILITY) • �� ' 4 J, L.U.D. •MIXED USE CONCEPT PLAN FOR LIBERTY BANK ta N '0 1 • °j FOC 38' S • .�� IP 26'ACCESS TO EAST ki3O FOR "C-2" ZONING REQUESTR.1• 0 / .r cy4r 7o, e10,9. �� 0.892 ACRES OUT OF LOT 1 csF �/�/�/ ILo (,711.1nr? W.E. MAYFIELD ADDITION V 81995 1 0' DUFFER YARD • 6�L LJ) I _ TARRANT COUNTY, TEXAS L�r]]lll DR)VEVAY TO EAST (F,M 10. • RECORDED VOL. 388—C, PG. 4, TARRANT COUNTY PLAT RECORDS f 9 9) • tJL tT ... OWNER: KEITH BUNCH �V4 1?J ' PROPOSED BY LIBERTY BANK 2438 E. SOUTHLAKE BLVD. 5801 DAVIS BLVD. ERNEST a'DCCOru € GISOUTHLAKE, TEXAS 76092 NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS CONSUMING ttrt.,ma . INC. I: PRINTED.NOVEMDER 27,1993 Mt(n11 rt1.p='n„11 7 ' ,-n City of Southlake,Texas MEMORANDUM December 29, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Second Reading, Ordinance No. 480-T Attached you will find Ordinance 480-T for City Council consideration. The City Attorney's office prepared the ordinance in ordinance format since the Council approval of the first reading. The two amendments to the Zoning Ordinance were based on specific occurrences. The outside storage issue was raised by Wal-Mart who requested that ten(10) containers (approximately 8' x 40' x 10')be stored outside their building along the west property line of their property for the purpose of layaway storage from October 1 -.December 26. The second issue, placement of satellite dishes at service stations, was raised during the investigation of a code enforcement complaint received regarding the visibility of the satellite dish at the Texaco station located at the northwest corner of N. White Chapel.Blvd. and W. Southlake Blvd. For your reference we have summarized the following Current ordinance provisions related to OUTSIDE 'FORAGE: Section 22.2 (19), C-3 permitted use: "Nursery buildings for the retail sale of plants and accessory items where the sales operations are conducted entirely within an enclosed.structure. Outdoor storage or sale shall be permitted with this use to the extent that the outdoor sales area is completely enclosed by a fence, wall or screening device." Section 22.2 (23), C-3 permitted use: "Plumbing and heating appliances, repair and installation services. . All storage of materials must be indoors'within this zoning district." Section 22.5 (h); C-3 district regulations: "All business shall be conducted entirely within.a building. Outside storage and/or display of any type shall be prohibited unless in accordance with Section 38 of this ordinance." Section 38.1: "Outside storage of any goods, materials, merchandise, equipment, parts,junk or vehicles not accessory to a residential use shall not be permitted except when in conformance with the following provisions and criteria." Section 38.3 a: "Outside Storage for the Purpose of Retail Sales - Outdoor storage for the purpose of retail sales shall be allowed under the following conditions: a. Businesses with current certificates of occupancy may display for sale merchandise items traditionally marketed through outside storage not to exceed five (5)percent of the floor area of the business. These items shall include outdoor racks for the display and sale of newspapers, the storage and sale of bundled firewood,prepackaged ice if stored and displayed in a safe, hygienic storage bin or container, and items of a comparable nature. It is not the intent of this provision to allow the outdoor storage or display of traditional prepackaged merchandise that is normally displayed and sold within the confines of a 7B-1 Curtis E. Hawk, City Manager Ordinance No. 480-T ecember 29, 1995 age Two traditional,retail establishment. Christmas tree sales are excepted from this requirement, and such trees • may be stored outside for sale beginning one week before Thanksgiving and ending December 31. Items so stored outside must be displayed in a neat and orderly manner." Section 45.1 (29), Specific Use Permits: "Outdoor storage of plants or other greenery if conducted as a portion of the retail operations of another principal use permitted within this district. This specific use permit is designed to permit the City Council to allow limited outdoor garden sales activity in conjunction with traditional retail operations subject to the establishment of safeguards deemed necessary and appropriate to protect adjoining properties." "C-2, C-3, C-4, B-2 districts." ************************************************************************************ For your reference we have summarized the. following Current ordinance provisions related to SATELLITE DISHES: Section 34.1 bb (4),Accessory Uses; "Nonresidential satellite dishes accessory to the principal permitted use on site (in the) 0-1, 0-2, C-1, C-2, C-3, C-4,B-1,B-2,I-1, I-2, HC, S-P-2, S-P-1, CS,.NR-PUD (districts), (if the) roof mount type did not exceed 35' in height and the dish size did not exceed 10' in diameter and is ilkcated on the rear of the roof not visible from the public R.O.W. in front of the principal structure; (if the) le mount type did not exceed 35' in height and the dish size did not exceed 10' in diameter; (if the) ground mount type didnot exceed 15' in height and the dish size did not exceed 10' in diameter and are located in the rear yard, from the rear property line and z 10' from the side property line or behind the principal structure but not in the side yard and not visible from the public R.O.W. in front of the principal structure." "All antennas (noncommercial and nonresidential antennas) must be inspected and permitted by the building official in accordance with the city's building code." Section 43.9 (c) (1)(b); Corridor Overlay Zone: "Mechanical Equipment Screening: All buildings must be designed such that no mechanical equipment(HVAC, etc.)or satellite dishes shall be visible from SH 114, Carroll Avenue between SH 114.and FM 1709, FM 1709 and FM 1938 and..adjacent ROW and/or from property 400' of a property line of a tract zoned residential or designated as low or medium density residential on the Land Use Plan. This shall include equipment on the roof, on the ground or otherwise attached to the building or located on the site." Section 22.2 (22), "C-2" permitted uses: "Filling stations or service stations, operating with or without a convenience store. Such use may offer gasoline, oil, greasing, and accessories, and may contain a small car wash facility, but may not include fender or body repairs, mechanical services, rear-end, transmission or engine overhaul." Section 20.2 (5), "C-1" permitted uses: "Gasoline filling stations that operate in conjunction with small convenience stores. Such use may contain a small car wash facility, but may not include fender or body airs, mechanical services, rear-end, transmission or engine overhaul." 7B-2 , errtis E. Hawk, City Manager dinance No. 480-T December 29, 1995 Page Three Pending Federal telecommunications legislation per John Pestle, a legal consultant monitoring U.S. Congress action on this matter: Both the House and Senate bills contain provisions purporting to give the FCC exclusive jurisdiction over satellite dish delivery systems. The FCC will likely contend that this allows it to preempt local zoning and building codes for satellite dishes. Municipalities would no longer have within their jurisdiction the right to regulate the location of the dishes(even those in the front yards so there is a clear vision distance nor be able to enforce building safety codes to ensure that the extra weight of those mounted on roofs will not lead to a building collapse when combined with violent wind storms, accumulations of ice or snow). The FCC proposes preempting the applicability of local zoning codes and building codes on dishes smaller than one meter in diameter in residential areas (and preempt such regulations for dishes two meters and smaller in commercial and industrial areas). Most building and permits fees would be prohibited if the person requested a permit for zoning approval from a community. If no city action within 90 days, such request would be deemed denied and the person could appeal directly to the FCC,which would function as a National Zoning Board to overturn any local.requirements. The satellite,broadcasting, and TV industries all want the ilieemption of substantially all local zoning and building regulations to.extend to.all radio and television lennas, including transmitting antennas for TV stations; and they asked that the 90-day "presumptive enial" time period be reduced to approximately 30 days. Additional Legal Commentary offered by Harvey S. Moskowitz and Carl G. Lindbloom in The New Illustrated Book of Development Definitions: Recent court cases have shown that local control of satellite antennas may be upheld if the local ordinance is crafted to meet the following three-point test: 1) The ordinance should not differentiate between satellite dish antennas and other types of antennas; 2) There should be a reasonable, clearly defined health, safety, and/or aesthetic objective as the basis for the ordinance; and 3) The ordinance should not impose unreasonable limitations on reception or impose costs on the user. . disproportionate to total investment in antenna equipment and.installation. P&Z COMMISSION ACTION: On October 19, 1995,the Commission recommended denial(7-0)of both proposed amendments due to the provisions adopted in the Corridor Overlay Zone'and those proposed in the Neighborhood Preservation Ordinance. Due to their recommendation to deny, a super-majority vote of the Council will be required to approve the proposed amendments. CITY COUNCIL ACTION: On November 21, 1995 and December 5, 1995, the City Council tabled the First Reading, Ordinance No. 480-T due to lack of a super-majority vote being present. On December 19,. 1995 City Council approved (6-1) the first reading of Ordinance 480-T. • KPG Qdr 7B-3 I hi_ NO . UC l LV 1 JJ 1 J • ..L Ilu .V 1 v T ORDINANCE NO.480.-T • AN ORDINANCE AMENDING ORDINANCE NO.480,AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHIAKF,TEXAS,BYALLOWING OUTSIDE CONTAINER STORAGE FOR RETAIL SALES AS A SPECIFIC USE PERMIT IN THE "C-3" GENERAL COMMERCIAL DISTRICT; BY PERMITTING SATELLITE DISHES AS PERMUTED USES IN CERTAIN NON-RESIDENTIAL ZONING DISTRICTS;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;PROVIDING FOR PUBLICATION IN PAMPHLET FORD PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN EFFECTIVE DATE • WHEREAS, the City of Southlake,Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Southlake has heretofore adopted Ordinance No. 480, as amended, as the zoning ordinance of the city; and • WHEREAS, the CityCouncil until of the City of Southlake now deems it necessary to amend Ordinance No.480,as amended, to permit outside container storage for retail sales as a specific use permit in the "C-3" General Commercial District and to permit satellite dishes as permitted uses in certain non-residential zoning districts; and WHEREAS, the city council has given published notice and held public hearings with respect to the amendments of the zoning ordinance as required by law. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHIAKE, TEXAS: 1+\frica\slhke\oidman ' e\480L.002(I2-27-95) `' 1 j 110 O C 2 81995 1 ' I UH.J1 riL:H&ERVISlij 7B-4 TEL No . UEC L2S .yD 1Z) -1L nu .U14 r .vJ SECTION 1. • Section 20.2"Permitted Uses"in the C-1 Neighborhood Commercial District is hereby amended by revising permitted use a.5. to read as follows: "5. Gasoline filling stations that operate in conjunction with small convenience stores. Such use may contain a small car wash facility, but may not include fender or body repairs,mechanical services,rear-end,transmission or engine overhaul. One (1) antenna not exceeding thirty-five feet 05') in height, if ground-mounted, and one (1) meter dish size if roof-mounted may be placed on site for the purpose of verifying customer credit information." SECTION 2. Section 21.2'Permitted Uses" in the C-2 Local Retail Commercial District is hereby amended by revising permitted use 22. to read as follows: "22. Filling stations or service stations, operating with or without a convenience store. Such use may offer gasoline,oil, greasing and accessories, and may contain a small car wash facility, but may not include fender or body repairs, mechanical services, rear-end, transmission or engine overhaul. One (1) antenna not exceeding thirty-five feet (35') in height,if ground-mounted, • and one (1) meter dish size if roof-mounted may be placed on site for the purpose of verifying customer credit information." SECTION 3. Section 45.1 of Ordinance No. 480, as amended, is hereby amended by adding the following specific use thereto: SPECIFIC USE DISTRICT %ME PER '1H 38. Outdoor storage for retail purposes, G3 subject to compliance with the following provisions: f:\rtte eVlakelordinanc`480.t.Op2(12-27-95) 2 • 7B-5 Dee «s,yD 1J• 1L 11u .V14 F .UO TEL No . a. The storage must be in conjunction with a single tenant structure that exceeds 100,000 square feet of floor area. b. The total area of outside storage shall not exceed one percent (1%) of the lot area. c. The outside storage area mustbe located behind the front facade of the building, in the side or rear buildable area, and shallnot encroach into any required setback or designated fire 2lane, d. A screening fence or wall not less than six feet (6') nor more than eight feet (8') in height, constructed of masonry or wood in combination with a metal frame and an opaque gate shall enclose the storage area. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,paragraphs and sections of this ordinance are severable,and if any phrase,clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction,such unconstitutionality shall not affect any of the remaining phrases, clauses,sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the r_\cilesMlek4ocdu.enc\480-c.002(12.27-95) 3 • 7B-6 11a• .V 1, I .V 1 I L.L IYU . not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. 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($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, • as to such accrued violations and all pendin litigation, both civil and criminal, nal, whether pending in court or not,under such ordinances,same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. wii.svme\ordin.nctsso-Loan crz.zr.9s) 4 • 7B-7 SECtION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance,and y this ordinance provides for the imposition of any penalty,fine or forfeiture i for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON MIS DAY OF .. 1995. MAYOR ATTEST: CITY SECR$ ARY rAtheaubk.k sinane, 4.002(:2-27-9S) 5 • 7B-8 ItL No . Dec 28 ,95 15:06 No .013 P .09 PASSED ANY APPROVED ON SECOND RFADING ON THIS DAY OF 1996. • MAYOR ATTEST: CITY SECRETARY EFFECTIVE:_ APPROVED AS TO FORM AND LEGALITY: City Attorney i r:�rac �euw�lo�i Faso c.00z(12_27.95) • 7B-9 • ., . • .. 1111 ORDINANCE NO. 653 AN ORDINANCE ESTABLISHING A SENIOR ADVISORY COMMISSION FOR THE CITY OF SOUTHLAKE; ESTABLISHING THE NUMBER OF BOARD MEMBERS AND THEIR TERMS OF OFFICES;PROVIDING FOR DUTIES AND RESPONSIBILITIES OF THE SENIOR ADVISORY COMMISSION; -PROVIDING THAT THIS ORDINANCE SHALL BE .. CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it advisable and necessary to establish a Senior Advisory Commission for the City of Southlake, to act as an advisory board to the City Council relating to senior programs and city issues; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. Creation of Senior Advisory Commission. There is hereby established the • Senior Advisory Commission for the City of Southlake, Texas, hereinafter referred to as the "Senior Advisory Commission". • Section 2. Number, Qualifications and Terms. a. The Senior Commission shall consist of six (6) citizens of the City of Southlake, Texas, who must be at least 55 years of age. The City Council shall appoint members for two (2) year terms. The Council shall appoint the members using the following procedure: (1) Interested persons meeting the qualifications shall submit an application to the City Secretary. (2) An interview committee, comprised of four members, one City Council member, one Park and Recreation Board member, one member of City staff, as appointed by the City Manager, and one Board member of the Southlake Park Development Corporation, shall review the applications and conduct interviews if appropriate. (3) The committee shall make recommendations for members to the City Council, giving consideration to ensuring an even distribution among' the age and gender of the applicants. a S l:\files\slake\ordinanc\parkboar.fn8(12/08/95) Page 1 7 -' I 'ti • b. The Council shall appoint members who shall serve, without compensation, until their successors are appointed. c. Places on the Commission shall be numbered one (1) through six (6). Vacancies shall be filled in the same manner provided for regular appointments. In making the initial appointments, the City Council shall appoint three (3) members of the Senior Commission for two-year terms and three (3) members for one-year terms. d. The City Council may appoint persons to serve as ad hoc members of the Senior Commission. Such members shall serve for a term of one year from the date of appointment and shall not be entitled.to vote. Section 3. Senior Commission Meetings and By-Laws. The Senior Commission shall meet in the first regular session of each year and shall select from the members a chairman, vice-chairman, and secretary for one year terms and until their successors are elected. The Senior Commission shall adopt by-laws to govern the holding of its meetings which, at a minimum, shall encompass the following: • a. Regular meetings shall be held once each month. b. Manner of holding and calling of special meetings. c. Majority of members shall constitute a quorum. d. Members not planning to attend a regular meeting or special meeting shall notify the City Secretary or the Chairman of the Senior Commission by 12:00 o'clock noon of the meeting day. e. Any member with unexcused absences from two (2) consecutive regular meetings or not exhibiting interest in the work of the Senior Commission shall be reported to the City Council which may, at its discretion, remove the commission member and appoint a replacement. f. Minutes of each Senior Commission meeting shall be filed with the City Secretary. Section 4. Duties of the Senior Advisory Commission. The duties and responsibilities of the Senior Advisory Commission shall be to: a. Act in an advisory capacity to the City Council in all matters pertaining to senior programs and issues, including development of long range capital improvement programs. b. Recommend policies in senior services and improvements. c. Recommend senior-related programs for development of recreational facilities, • areas and improved recreation services. f:\files\slake\ordinanc\parkboar.fn8(12/08/95) Page 2 7(2QL . • d. Prepare and submit to the City Council an annual review of senior-related programs and services. Section 5. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. , Section 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1995. • MAYOR ATTEST: CITY SECRETARY S f:\files\slake\ordinanc\parkboar.fn8(12/08/95) + Page 3 73 • • PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1995. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: • City Attorney 4pf:\files\slake\ordinanc\parkboar.fn8(12/08/95) Page 4 7(74 'ti. City of South lake,Texas MEMORANDUM December 29, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 95-102, Plat Revision, Cambridge Place East REQUESTED ACTION: Plat Revision of Cambridge Place East,being a revision of Lot 8R, Block 1, Greenlee Business Park,Phase I as shown on the Plat recorded in Cabinet A, Slide 2496,P.R.T.C.T,being 6.715 acre tract of land in the John A. Freeman Survey, Abstract No. 529 The plat proposes eleven(11)residential lots. LOCATION: 1475' North of East Continental Blvd. on the west side of South Kimball Ave. *WNER/APPLICANT: Terra Land Development CURRENT ZONING: "SF-20A" Single Family Residential District LAND USE CATEGORY: Industrial NO.NOTICES SENT: One (1) RESPONSES: No written responses received. P&Z ACTION: December 21, 1995;Approved(6-0) subject to Plat Review Summary No. 1 dated December 15, 1995, amended as follows: • 1)allowing the reduction of the side yard adjacent to a street to 30' for Lot 1, Block 1, and Lot 1, Block 2. STAFF COMMENTS: The Applicant has met all the review comments of the Plat Review Summary • No. 1 dated December 15, 1995,with the exception of the items addressed in the Plat Review Summary No. 2 dated December 29, 1995 . PG/ls C:\W PF\MEMO\CASES95\95-102PR.1 CC 8A-1 1y/4. Itll m 2A 4'4 ` 41( .i/6Ain; 1,1 :I'1 •--- . 2 2A3 2A2A 2A1A b rf l 2A18 381- .;, 1 ADD -- 3 Ai 2A, 2A1C _ A �- 1I I I I 1 I I 1 I 1 I 1 I 1 ! _.-' `._ IC 2A3A 2A1 2 3A .SYcv. 1209 AC __._4 1 _. ` 1 I 1 1 I 1 1 1 I I \ el r 11, 11A 118 i • i i 1 i i i i i ._.Y� _ 11 _.. I j 1 1 `y SUM- A-474 1 i _.-.{.- . +m...::....•,..:n:i 13.6 Ac J-c .O_.A_.K_._.--..-- 5 A �T, .._ \ i iji ; j iiIi ' \A ' • -•---1--•- ;3: 1 eiiliCii iT1 1 .__. ----- -•-• L. j 30 111%.PiJ9'lK.:IIA. - i :N � - _ 1 3B ..-._._.�._._._ _.. @ "-•GaM•'-E 5 11,, K •-- ••- .. 'Zl 2 '6A' 6G 4AI -•-•-1-• •Y� j 6' QAR cFlltr Y .. 4 I 1 1 Q 7. 11131 .._._.i ._ • C 416::NI I I Ii i ‘I 1 1 IA3 -'-- !,-I E5 20 Ac I _-11D5A1 ©-- 11D4 i i j :- HALO CI I 3B3 3 1 GRAPEVINE CITY OMIT o � _ • RYE' A-803 '6A1 V 1'I 3 Ac 6.15 Ac -'-' RAINBOW ST. 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B1 v 1,B{C 1812A 1814 106E l. —.--1 t �f6-�IB6 ID j -- ' IB_/S�`^ IB IBS -1�lBfb-186! 101 1 ;2 , HAli igt i,184�! ?gf3—1868 B �.�` a IS IBIS Y el lB -'1Hf1�-1B6G 1�'.� �1N 1 1 R' F 1{�N 1 J2_A 1B44 16IBII IBB -1868 2E1 E •' IB4Y3 IB416A 189A IBBA -18681 D IA 1 At 18441 10416 1898 IB8C 18683 2E4 IBW2 10411 I88 B�t8682 fAl ' T 31.61 Ac iiBa 18417 189C 16181 -106AIA .1 IA 5.31 Ac 1848 IBC 187C IBM IB6A1 18ICI -'1 4A A 1 11 ( IBlA 1B7A t Ji07-'7-IB6A j -I- 3 2E6 = 18 . 3 IBIB 40 ��y 4A2 IE 2C7A2E7 Gi1l,�G�31F�OSOO nM SURVEY A DECKER IS Ac-438 �P4' IA1 _ SU�p,R G-N E' su 2C�H 2G f ft 2J1 2K - - -�1 2E MU5?p UM AP .—J 2G 1 . V MUSTANG ROAD 30 At l'AN . p.C�. I.._ 2 � I�— 1— al r. p��n7 R� N Y£Y A-14u`J H • SWIEY A-591 1A \'` R1AL �..- 114f)— I 4D 11 . opoop„..ii . ll 5A CNO°�' ,.,:.. :. .' SA, Ni6N CHEATHAM & A SB d GwA, UiNE• r'-- CONSULTING ENGINEERS — SUR` I . • LAMAR BLVD. SUITE 200 TRACT MAP a-0696 8A-2 -r • ADJACENT OWNERS 8,-76c) AND ZONING _ J 4A1 6H - 4A4 6 < 6 < 1 � \ Spin #7 Representative i Peter Sporrer te( D. Thorne i _ • _ • _ 6B1 J r, ) . . . cn 8A-3 City of Southlake,Texas PLAT REVIEW SUMMARY ase No: ZA 95-102 Review No: Two Date of Review: 12/29/95 Project Name: Plat Revision —Cambridge Place East, being a revision of Lot 8R, Block 1, Greenlee Business Park, Phase I; Cabinet A, Slide 2496, 6.715 Acres situated in the John A. Freeman Survey Abst. #529 APPLICANT: SURVEYOR: Terra Land Development Company Goodwin& Marshall, Inc. 920 S. Peytonville Avenue 6001 Bridge Street, Suite 100, Southlake, Texas 76092 Fort Worth, Texas 76112 Phone: (817) 620-5373 Phone: (817) 429-4373 Fax : Fax : (817) 446-3116 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/27/95 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. 1. Change the street name Bristol Place to a name dissimilar to any existing street name in Southlake. (There is a Bristol Court in Stone Lakes Phase 4.) Consult with the City Engineering Staff in regard to the adequacy and construction of the right-of-way located at the east and west lines of the subdivision. - 3. Provide drainage and utility easements in accordance with water, sewer, and drainage plans as approved by the City Engineering Staff. All drainage easements and any utility easements designated for water or sewer must be a minimum of 15 feet in width and offset into one lot. 4. A Jbuilding setback line is required on both street frontages for a corner lot. The applicant may request a 5' reduction (30' B.L.) adjacent to the side streets of Lot 1, Block 1 and Lot 1, Block 2 "Reverse Frontage Lots". 8A-4 r ' City of Southlake,Texas 0 S * We recommend this plat not be filed until the construction plans have been substantially approved to insure adequate easements and rights-of-way. * Although there are a few lot lines which are not perpendicular or radial, they appear to meet the intent of this requirement. * The Developer's Agreement for this addition should consider perimeter street and drainage, park _ dedication requirements, off-site sewer extensions, and off-site grade-to-drain permission. * Provide a tax statement showing that all taxes have been paid must prior to filing this plat in the County records. * Denotes Informational Comment cc: Terra Land Development Company Goodwin& Marshall, Inc. G:1WPF\REV\95\95-102PR.WPD 8A-5 .,.cATI MO. 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'9.r.� n� 1c...+.1.. .» I- >�` 4 `(/ PT.w R rR- 2 I - 4..'�xlii r. CITY CgHCIL• I a .aAi.O R `( \ 0 4]II5 w R 0,_ PTT m R I-. Date ADPr°YeS: • nEF Igd 1.� I i ae2N5m FT yr },e\. lP�Cj�C`r aOGC 1 I w oa• e........0 o.. MaY°r: 2 I QC`' PV R I u.epN v. Secretary'/2'I R.BET Ii.•'1 °.:.d.., I --- t�00, !�O°. -/Fa.oP' la•'°t ' gy9'00'22-W 691.90' 55.5'U.N. r '1'• tti'": I/2.I.R.SET n , a� POND I PLAT REVISION OF I tot I. DE IIITI F arms DE I�,T SET.�mecum 101W. CAMBRIDGE PLACE EAST I P. 00 CM IF ISJTH.rE IES811F3 TIE.TORN 1EWIIE N1.INM p. d-2.-- FL.I91 FLOM FIFIA1I06 O.AM LOT MAD.1UMD1 MI5 /- Tp> ticR AMITI01. DE MID...ELFYATI06 o[N1 uE BASED u DE Esi BEING A REVSION OF DM.IIFDIWTO 051.MIL.,AT 00 TI.E DE RAT 15 FI1EO AM �p5LL�•A'-`''. RAT OE OCTET TO 0.6F. 1EDITIOYL LOTS a1161 DWI DM � vpt1"p P' Mal MT ALm.E fASECT 10.110.1 FDOSI RID.611TE10A. LOT BR,BLOCK 1 fr I. THE o.Ef'S or Au MO LOTS suu wnn.M 51Rn n1.Maaa GREENL E BUSINESS PARK,PHASE 1 M AC0160Q env M cm CbletAln c ompa. • A. 2*1012 AQ 5120 a Ix TAUT Lll[v aanlLUE.Ie1MI YpllpE Dun CABINET A.SLIDE 2496 p o020•b'n 1011Q1E CSl 5NE ONl 0.P I.C.r.. City of6.715 ACRES If 1,1e IF e.t11I Wl I,on D.Yrtv..In as actual 01 co0rI L.BrOn, ,I to Stole If T.,veil.NAew W ran awnmr Ins 11 le 15 0-11 word r. ...1 III tat SfRJAiED NTHE eSMi 1,A1,.olnla.W pPUrN.1 Wan,rrll Y P'Po,r11 ewr r D.I.I.I[W TO. A ,"ci',rarhnc..IU rely Plnf.�llpllU,nLA,Y Fp.11 IIMOiT i1 W 9Z:gI Ta"`• 1a a.tier�i1wn,1i JOHN A.FREEMAN SURVEY,ABSTRACT No.529 .1 I.A.T. �� OWNER: DEVELOPER: 1HE CRY OFSOUIHLAKE, w51,1r.0 RYIA,Iw7 LW 5...,.•N.AIA _ _ DAVEI gRSE MD.p.AFtitllrPrllrim TERRA LAND TARRANTCOUNTY,TEXAS .»..""Z t 11 Inc. 7503 TILLMAN HILL ROAD GOODWIN9 11 LOTS `r1 Aee1.'IA 5ar1.5.11.1ee L_�_-_� DEVELOPMENT CO. nrth T.n, mIII (�1�'ill�lllll.�I\l W MID Axa-an �� COLLEVVILLE, TEXAS 76034 1bQA_R.SHATI.V .; HAdCO[3QRA1I0N 920 S. PEYTONVILLE AVENUE CIVIL ENCINEERs-FLAMERS-sA1E1a6 NOVEMBER, 1995 1 1 1300 SHADY.OAKS LANE SOUTHLAKE, TEXAS 76092 WW1.Mat MIS .MS Ono.R.A MDMR man CASE No. 2A95-102 FT. NORTH, TEXAS 76107 817 620-5373 THIS PLAT FILED IN CAB _,SLIDE ,DATED .1996 ill. III 4111111 City of Southlake,Texas MEMORANDUM 1111 December 29, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-189,First Reading ZA 95-119,Rezoning Request REQUESTED ACTION: Rezoning for 0.656 acre tract of land situated in the Absalom H. Chivers Survey Abstract No. 299, Tract 2C4 LOCATION: North side of Primrose Lane and approximately 500' West of North Carroll Avenue OWNERS/APPLICANTS: George F. and Barbara Roberts CURRENT ZONING: "AG" Agricultural District ®REQUESTED ZONING: "SF-20A" Single Family Residential District LAND USE CATEGORY: Medium Density Residential NO.NOTICES SENT: Five (5) RESPONSES: One (1) written response received within the 200' notification area: • Hugh Martin, 1090 Primrose Lane, Southlake, Texas 76092, is opposed, "because of our water well". P&Z ACTION: December 21, 1995; Approved(5-1). STAFF COMMENTS: Staff understands that the Applicant plans to construct a new home on the lot. KPG/ls G:\WPF\MEMO\CASES95\95-119Z.ICC 8B-1 tviAil-A`f 1 I --,-,1-,---‘ -'•--1---i-% ..21- . ......... I-• i , '-iTC. .11 \s' i i i i ! : \ .,.' ir.-•-•1- i_.,,.-- . I ...i... 4.1 Ac 1 1B 1.1, IC1C ‘.‘" / P- i 1 (r.-.T.-. 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'-:HOVER3 i 10 Ac 58 513 .-1.0.98 A - 3cA1G4 3A1F1 3AIF4 W// \ ---, SURLEY A-299 58IA ‘3A1 7 . . .., ..-- 10 Ac 7s•-• 3A 3AI 100.0 Ac 581 3AIGI , , •1/4„. ,,.H. • • 3A1G5 3A1C 1.1 ..,1-ZIji>,-1'5. LARKIN H CHBVERS , 3.21 Ac 3AI82 Pr S URVEY A-J00 3A1C3 ,.t 56.33 Ac aial6P4 ‘ ., / .-.-.- 3.21 Ac I ill 11116;1161 -r, ,'", 's..., , Ea nt-77V1'..09P._.,,.. .-,, -. i '.... Y i \ \ i \ SURVEY A-751-1_Lupo,- r.-L..1----- i- II Ac i 4A 1, -.-._ al.Lcr.... 3A1C2 9 / 0 z i • 771) 38.58 Ac 4/0 b41'14I 1 :14 i i ‘ ,e.c1•9 i 6. f r.../ i t,y, 3.15 Ac 0.0 Cc 4A Iiiii I i *) 3A1H2A 3A1D2 ",. /_„-,•*" 9.47 Ac (---.. . 1/411 3A101 3AIH3 • illk 4C2A 4C2 .,------4C1 4C i 4F3A JOHNSON 3.)111 3A1 i / 25.406 Ac ik• f-- ...OS • ELEMENTARY -14 g . tx- . si- 5 Ac I 3.9 Ac 6.43 Ac 4 Ac ,.....) 0414 IT . w --a 3E1B MIA 3E1C ) l•-•tZ"?.• 3AIA 'A' 3A1.12 3A1 irf13111' i , 4C1A : OgIGP. 011101 I FA141‘ 13] '''' 3A1J4 8.13 Ac AD- ii r),. 0..• ---4C28 413) 1 i--, .. 18.94 Ac I ,eAsr 401 1 HIGIHLA ST I 4 44 rill , - ISE A I IF 182 IA EAST HIGHLAND STREET . "-1 I ----• i ...,, MI Tx 51 C l L. IE 1E3 18 X C•Agg 1 Jai • ',,&-• 0, 5 Ac :: 1 .- e ,,,f___./ 1 . 1 i :..1 r' •.II 1 . ........ o f- • ' .•- (m.64 Ac 1,141Z I ' IDIA • .- • i i i • 1131.141 - .,- i 11Dim !malp....11111Ri 1..,K • ! 3A& 2 Hll 3A2 i i i ---• .{ • /t.4..." 1 24.9/Ac i....71.4....... ' •0 V _ Ac 80.1 i i '-. .... .-• 1 0/ • .- 41.4. • ',Vii W. HALL i;r1, 1 041 .-i...s.'.-.. .rSUR/EY A-687 AP. H A RD EaD3 - !--..... -4-.. -',..ta," •''' Al"VEY A-481 44 1 '. TRACT MAP -t.J. s•-•.,:_ 17 .-i--,3---- .,. • t, , .-...: i • ....- - , . . . ....._ . . ./(C‘,S, ' •••dmif,.---/-•-. •,,t,";1•14,4„41,„z. ....... i N • .1 i j . c r!• 1 1 8B-2 I! i- p t . .._ t I-L-1-i-I-•/-r-- . .• /1/ •• .... '• •. 7 G ? • i i , i __, ., -1 o ,. . -.. ..- _ • 2A CD 2C1 / 8. 78 Ac 4 0 n- 2C ( Spin #5 Representative \ Q 39 A, Shelly Minton U z 2C3 0 • M. Thrailkill 3. 66 Ac "AG v. Staley 2 31 H. Martin "AG" v •/:7. 1 "AG" N 23 Pri rose Lane vt. St. ) 3 Timarron Land Corp. "AG" G. Ragnarsson "AG" r ADJACENT OWNERS , � o AND ZONING ) JRVEY A -299 8B-3 OF SOUTHLAKE, TEXAS ® ! ORDI-NANCE NO. 480-189—s' AN ORDINANCE AMENDING ORDINANCE NO. 480, AS r 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 0,.65.6 ACRE.TRACT OF;.LAND SITUATED:IN THE ;0SAL,* Hi. CHIVERS SURVEY ABSTRACT NO. .299, BRACT 2C4, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AG ,AGRICULTURAL :DISTRICT::TO;"-SF-20A"r 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; S PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND ROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, exas is a home rule rt a-cling-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"ri;Agticultural 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 G:\ORD\CAS ES\480-189.I RD Page 1 8B-4 ® 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 S 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, ill G:\ORD\CASES\480-189.l RD Page 2 8B-5 is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed fil) and amended as shown and described below: Being 0.656 acre tract of land situated in the Absalom H:4 Cliivers Survey_Abstract No.299;,Tract 2C4,and more fully and completely described in Exhibit"A" attached hereto and incorporated herein, from?'AG" Agricultural District to 'SF--20A".Single FamilyResidential 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 Slessen 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. III , • G:\ORD\CASES\480-189.1 RD Page 3 8B-6 Sbe 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 , 1995. MAYOR ATTEST: CITY SECRETARY S G:\ORD\CAS ES\480-189.I RD Page 4 8B-7 • PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY 41/ APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: • G:\O RD\CAS ES\480-189.I RD Page 5 8B-8 EXHIBIT "A" • BEGINNING at a 5/8" iron found at the Northeast corner of the above referenced tract. said point being East 474.39 feet and South 1146.25 feet from the Southwest corner of Lot 1 of A. H. Chi-vers No. 2,9 Addition 'to the City of Southlake a's shodn on on a plat of record in Cabinet A, Slide 1801 . said point also being the Northwest corner of a tract described In a deed In Volume 3965. Page 29. Deed Records. Tarrant -County. Texas; THENCE South 172.12 feet along the East line of the tract described in Volume 11136. Page 1654. above referenced.. and the West line of- the tract described in Volume 3965. Page 29. Deed Records. Tarrant County. Texas. to a 5/8" iron found at the Southeast corner of same in the North line of an ingress/egress e-asement having a width of 30.0 feet as described in Volume 3292. Page 246. Deed Records. Tarrant County. Texas; THENCE N. 890 - 37' - 59" N. along the North line of said road easement 166.19 feet to a l' iron found in same for the Southwest corner of the herein described tract. said point also being the South.ost' corner of a tract described In a deed in Volume 9477. Page 2'280. Deed Records. Tarrant County. Texas; THENCE N. 00 - 03' - 44" E. 172.12 feet to a i" iron set for corner at the Northeast corner of the last referenced tract; THENCE S. 890 - 37' - 59" E. '166.0 feet to the POINT OF BEGINNING and containing 0.G56:acres, 0 111/1 G:\ORD\CASES\460-189.I RD Page 6 8B-9 City of Southlake,Texas MEMORANDUM December 29, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 95-122, Concept Plan/Village Center,Phase I REQUESTED ACTION: Concept Plan for Village Center, Phase I, Lots 1-4, Block 1, being 20.265 acre tract of land situated in the Thomas Mahan Survey Abstract No. 1049, and a portion of Tract 6 LOCATION: South and adjacent to East Northwest Parkway (S.H. 114) and North and adjacent to East Southlake Blvd. (F.M. 1709), approximately 1000' West of Kimball Ave. OWNER: James Farrar, et. al. toAPPLICANT: Midland Development CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Mixed Use NO.NOTICES SENT: Eight(8) RESPONSES: One(1) written response received within the 200' notification area: • J. Larry Buchanan(Dallas Foam Inc.), 2171 E. Southlake Boulevard, Southlake, Texas 76092, is in favor, "It should help to get more business in Southlake for the tax revenue. I like the proposed road from F.M. 1709 to HWY. 114 better than anything." P&Z ACTION: December 21, 1995; Approved (5-1) subject to the Plan Review Summary No. 1 dated December 15, 1995, amended as follows: 1) Item 5D,allow relocation of the required 5'bufferyard along the west line of Lot 2,Block 1 to the entry drive east of Lot 1, Block 1. 2) Delete item 5F,requirement for bufferyards in Lot 4, Block 1 due to • the future SH 114 ROW. 8C-1 City of Southlake,Texas 3) Item 7B, waive driveway spacing requirements to allow a right- in/right-out driveway east of Lot 1 and modify deceleration lane to extend further east of this drive. Also allow drive east of Lot 2 but limit movements to right-in/left-in/right-out. 4) Delete 7C,driveway throat depth requirements along Village Center Drive. 5) Sidewalks along FM 1709 to be in accordance with recommendations of the Trail System Master Plan. STAFF COMMENTS: The applicant has met all the requirements of Plan Review Summary No. 1 dated December 15, 1995 with the exception of the requirements noted in the attached Plan Review Summary No. 2 dated December 29, 1995. Note that there is a small change in the parking configuration in front of the easternmost retail buildings which is different than the parking as shown on the plan reviewed by the Planning and Zoning Commission. This change did not have an impact on the staff review of the project since evaluation of the required parking is determined at the site plan stage based on the proposed uses of the buildings. Note that building elevations are included in your packet as well as a staff evaluation of the building articulation compliance. Although the review of building articulation is typically reviewed at the site plan stage,the applicant is requesting an informal discussion of the building articulation issues in order to have a better feel for how to proceed with the building design. KPG/ls C:\WPF\MEMO\CASES95\95-122C.I CC 8C-2 ./ I 1 j J T •.r_ ` .t..t I .Iw.., "—.� fU� r.r.r.>n .. N oo rc_sxi,w• y41111O w,.„m.,., MpNiY YAP °tn.�'als"iaoo /S POND ` I ••� uNc ar.>r a° •N xea• ` I f'a I �_ ACREAGE SUMMARY '' w ti%' i 1 n��'w �d O aI r uW�-esgt aLflt 1 r�rlpM>.a ��'« YVraMI&Ir KM 1.Ws r M ,. \ M1' an i�' Ii % •�� , - .>,.lr I {i;:�Y''�•�.tlt ' i ,OW.Itl.>Q xrxn4 apt W004 t/e.'- r w iysv-•a_ r e,........106410. ,y �i i�' PARKING SUMMARY .•. / BMA. 101.1111131 - ``p.I 0i-'t _ , AA, wr w, r1 WA AL hx...esA,Auna.— '� �' , - I -- - '• LA„t,K UOrW An SI.WS /AJIAVi IMP:IM V 1.'�S,.'•, .�'•I /r' •Wn• I' 1�� 1_. r_ _��`' oolmw �nMA Mw.ruw m.loafrurr s.. 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' 11' I 5.•... i RWO L. 24 •!1.:,_.114--,�r�L__.v _.v._ ` r ' a .u,.,mm*n...,uu° wern..em.rc,n., .n ��W � r 5.laa w'Y.':.1.� • •`-1.'8v r n.uo/.mo trc We& •r, ® r—~ �r l I + I A r UM WA wwau..�.a w mu...wr.. 1..... .r o .a .._.._-.—.._.. r••1..rn,u..•II'Ir.,.• 1�o p�•._j i>:.rear:./'rc.-.... \ "' ,,,.��,I i1, a Al el.AAA VAok MO weun'n""'e�uu.,MAMA were. .ni'uie ieonm r _ 1+ ,} 'a � '�'I i r, ,rwuln.nr,,n I III a.aaN_•�•ww i'I ST• �T Q) 1�� I C 0]As ...lm '. //�� RETT*;l. 0 (. :I �,r Or• a Gi,P I W rut w[r. • " _w• ' i$ I I gi 00 P___", o xo,As� F �_r -_-i- /- .N , `s ``` •W°• +uu •inert" NM ,— NOMA w.wo Yam.e. LANDSCAPE LEGEND §' y .j 7 J•f II P.—" 1 'I y '. =wt o.& rrw r ..NI u. I o-b` 77 p/ j = CZ) CAMPY MX j i = I I I I I glint. AC[�,T t*¢ j I �1 1'r.. '1 •�'�'. _' 1 I l '".III.\ s..,.II ASS u7 , - —• 'c :`,f N89 a[ eoa.Y .Lfp r l>t r r a w IMP i.xi.LC:. ...{t • =' E-, / t:,L,,, ++•0 •I-r^I.:.'.4 4r-,» �-1 !.\2 SO�TIILAKE BVI.D. 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ISO . 2 8C-5 24 City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Case No?ZA 95-122 Review No: Two Date of Review: 12/29/95 Project Name: Concept Plan -Village Center,Lots 1-4,Block 1 of the Approved Preliminary Plat for Village Center, being 20.265 Acres in the Thomas Mahan Survey Abst. # 1049 APPLICANT: ENGINEER: The Midland Development Group JBM Engineers & Planners 12655 Olive Boulevard, Westpark I, Suite 200 2630 W. Freeway, Suite 100 St. Louis, Missouri 63141 Fort Worth, Texas 76020 Phone: (214) 980-8806, (314) 576-1900 Phone: (817) 429-7560 Fax : (214) 980-8789, (314) 576-7005 Fax : (817) 429-9322 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/27/95 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. 1. Delete"Commercial" from the proposed Land Use Designation. 2. Label the type and width of the proposed bufferyards on the graphic to match the chart. (At the request of staff, the applicant indicated the bufferyards with shading on this submittal which masked the underlying bufferyard labels.) 3. The following changes are needed with regard to the bufferyards and interior landscape chart: A. Change the references from"Required Parking Lot Landscape"to "Interior Landscape"in the chart. B. Provide a 5'-Type'A' Bufferyard along the east line of Lot 1, Block 1. C. Provide a 5'-Type'A' Bufferyard along the west line of Lot 2, Block 1. D. The following bufferyard changes are required with regard to Lot 3, Block 1: 1. The number of required canopy trees for the 25' Type `J' Bufferyard along the north line should be"doubled"to 54 total. Because this property line is common to Lot 4, Block 1, and Lot 4 is intended to be "future" SH 114 right-of-way , Ord. 480-S, Section 43.9.c.3.b requires the quantity of canopy trees to be doubled. 2. The number of required canopy trees for the 5'Type 'A' Bufferyard along the east line should be"doubled"to 16 total. Section 43.9.c.3.b of Ord. 480-S requires the quantity of canopy trees to be doubled if truck loading spaces are visible from any right-of-way. 3. Provide 5'- Type 'A' Bufferyards along the lot lines which are common to Lot 1 and Lot 2. 8C-6 City of Southlake,Texas E. The Zoning Ordinance requires bufferyards within Lot 4, Block 1. Staff recommends that no bufferyard be required at this time within Lot 4 because preliminary plans show it to be future right-of-way for the expansion of State Highway 114. F. Delete the "See Note 3" comment. 4. Provide screening for the loading docks at buildings 'Ca' and 'Cc' in accordance with Section 43.9.c.2.c. of Ord. 480-S. 5. The following changes are needed with regard to driveway entrances according to the requirements of the Driveway Ordinance No. 634 : A. Provide a Traffic Impact Analysis prepared by a Registered Professional Engineer in the State of Texas,certifying to the existing traffic conditions and the projected traffic generated by this development.Upon receipt this will be reviewed by staff for any impact on the Concept Plan. B. The driveway entrance east of Lot 1 intersecting F.M. 1709 does not meet the minimum spacing requirement of 500' from the east line of Village Center Drive. C. Based on the number of parking spaces and the number of commercial driveway entrances meeting the minimum spacing requirements, stacking depths of 150' are required.- The following driveways do not meet the requirements stacking requirements as follows: 1. The south driveway entrance intersecting Village Center Drive has a throat depth of approximately 28'. 2. The center driveway entrance intersecting Village Center Drive has a throat depth of approximately 35'. j' The Driveway Ordinance does not differentiate a normal collector street from an internal commercial collector street. Technically, the Driveway Ordinance would require stacking depths on commercial driveways connecting to Village Center Drive with depths as stated above. However, it is staffs' interpretation that this was not the intent of the ordinance with regard to this type of street. 6. The minimum width of the sidewalk along F.M. 1709 should be 6' to be in compliance with the"off road"trail requirements of the Trail System Master Plan. Please note that any portion of the trail not within public right-of-way will be need to be within access easements. 8C-7 1 City of Southlake,Texas * Preliminary TxDOT indicate that Lot 4, Block 1, is intended to be future right-of-way acquisition for the expansion of S.H. 114. * No review of the landscaping is intended with this concept Plan. Landscape and irrigation plans meeting the requirements of Ord. 544 will be required prior to the issuance of a building permit and upon submittal of a Site Plan for approval the minimum required landscape area and number plantings must be provide and distinctly shown. Please note that this plan will require that a minimum of 13 s.f. per parking stall of the required landscape area must be provided in landscape parking islands located within each row of parking. Parking islands must be 8'wide b.c.to b.c. or 9'wide e.p.to e.p. and equal to the depth of the parking stalls. • * Adequacy of parking will be determined upon submittal of the site plans. A summary of square footage by use will be required to determine parking requirements. * Trash dumpsters must be at the side or rear of the buildings, screened by a minimum 8' wall of masonry material similar to the primary structure, and gated. * The applicant should be aware that prior to issuance of a building permit, a final plat must be submitted for approval and filed in the County Plat Records, and 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. It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone may require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * Denotes Informational Comment cc: The Midland Development Group JBM Engineers & Planners G:\WPF\REV\95\95-122CP.WPD r 8C-8 City of Southlake,Texas SUPPLEMENTAL PLAN REVIEW SUMMARY --"lase No: ZA 95-122 Supplemental Review No: Two Date of Review: 12/29/95 Project Name: Building Articulation and Masonry Evaluation for Concept Plan -Village Center. Lots 1-4, Block 1 of the Approved Preliminary Plat for Village Center, being 20.265 Acres in the Thomas Mahan Survey Abst. # 1049 APPLICANT: ENGINEER: The Midland Development Group JBM Engineers & Planners 12655 Olive Boulevard, Westpark I, Suite 200 2630 W. Freeway, Suite 100 St. Louis, Missouri 63141 Fort Worth, Texas 76020 Phone: (214) 980-8806, (314) 576-1900 Phone: (817) 429-7560 Fax : (214) 980-8789, (314) 576-7005 Fax : (817) 429-9322 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/27/95 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. * Masonry and building articulation requirements of Ordinance 480-S, Corridor Overlay Zone, are not reviewed at the Concept Plan level. This issue is addressed upon review of the Site Plans. However, the applicant has requested evaluation of these issues at this time and has provided elevations of the building facades. 1. The chart below is an evaluation of the articulation requirements of Ordinance No. 480-S. (The building designations on the concept plan and the elevations do not match. For this reason, both designations are listed below. The bold subtitles are the "Elevations" designations followed by the subtitles from the "Concept Plan" designations in parentheses.) A. Kroger Building(Building 'A') • Horizontal Vertical Facade Articulation Articulation Front (south) required yes yes provided no' no2 • Side (east) not required- interior common wall Side (west) required yes yes provided no' no2 Rear (north) required yes yes provided yes yes 8C-9 City of Southlake,Texas B. Anchor Tenant Building(Building `B') Horizontal Vertical Facade Articulation Articulation Front (south) required yes yes provided yes yes Side (east) required yes yes provided no' no2 Side (west) not required- interior common wall Rear (north) • required yes yes provided no' no2 C. Building 'A' (Building 'Ca') Horizontal Vertical Facade Articulation Articulation Front (west) required yes yes provided no' yes Rear (east) required yes yes provided no' no2 Side (south) not required- interior common wall Side (north) required yes yes provided no' no2 D. Building `B' (Building Cb') Horizontal Vertical Facade Articulation Articulation Front (west) required yes yes provided no' yes Rear (east) required yes yes provided no' no2 Side (south) not required- interior common wall Side (north) not required-interior common wall 8C-10 City of Southlake,Texas E. Building 'C' (Building `Cc') _ Horizontal Vertical Facade Articulation Articulation Side (west) required yes yes provided yes yes Side (east) required yes yes provided Front (south) no' not required yes yes provided no' yes Side (north) not required- interior common wall ' Wall length extends 3 times the wall height without the minimum horizontal change. 2 Wall length extends 3 times the wall height without the minimum vertical change. 2. As proposed,the facade finish materials are synthetic stucco and decorative block. Ordinance 480-S allows decorative block provided that"...the use of standard concrete block shall be limited to 10% of any facade visible from adjacent public ROW." Ordinance 480-S also allows synthetic stucco provided that it is of"...equal or greater strength and durability specifications" compared to a 3-step plaster process over diamond metal lath mesh to a 7/8th inch thickness. * Denotes informational comment. cc: The Midland Development Group IBM Engineers &Planners G:\WPF\REV\95\95-122CP.SUP 8C-11 • • 4.1 Fie' Likes — m. i, ul ai R wuA� •. A-low�. _ L__—__ - a•e•a L CELTA a4 TANGENT- � � _J � ' *•^ RADIOS �� -.---------- _ r 1 .•.• ` 1a 78.23• Iq [hl•D 1b7,ly LENOM St7.Jf - i '� }i;ilyl",k' �` OKl1m_ •• Um, O,RA.517.TY w ( J9, SRO.�NSOpq'73'r m• I SI / ' ti. • NOR l 46 : •' _ y ` _ `� THT9EST HIGHiyAy t 1 r ap/�/�/(/(�j • I i -" ` LOT•/,uRE`DLOCK 2 ~ .I { r� 11pTM.3rr'tr-r�r 4'4 --_ -JCDR_4'_ DELTA=3TrYs O F. • .:.4 ALL O`W R -'rvC NGNITY MAP •�-_ RANDS 16800 s�.,• ° POND //04 -- -- - _ _ �� \ LDOM 9QT / -W-----i'- --jell-L_ na - '�__ BRIO•97.}�Ryy `'`. �%�' 11pn Lc re-_ n•=�w,:'.�•�- _ _. I ACREAGE SUMMARY LTD 9K.1!U•1?r1.E •7--..''/ i / `55` •, __ _ , �-,\ \ ` /�R� LOT! ' .:•u}� • �� --- ' _ — i ��••• ' ' f a[M,N7 l.••O la[-AOe6L11P( --\ /id 4..' 3.341 le. /L7�� i:.:t-� 1 Ora,vz m.oKu i°r iP• FUTURE BUILDING SITE"F II i a A40"rR "` AS y` / I 1 a'It K uw an N1m1W[irlI T / � ,.. a R {••I RCTD111M ARGa . ,/ I I of ; Mi N. \ I -'•[7[�r/ [I•,T;: a.�t,:t 1 ' ! �[91FA[K RDR 1W)Ar- • • ry r- .x.ktrt4 4••••- ~'''''aW 1 1 •lL.a61p1O1 D1•K imk \ / I - - sasaA+¢aw,z IIOR naE / ;. z�.::..QP7. I �I m1a.•RAz 7a7u FL ii • i MOM fooroSio �h e. NS.ir. - ' r`�,, •1f.'i.p'f,'.t.!"`_ ' i PARKING SUMMARY e ry ,.• �I o.�,,,_ �' ems-J w:.E.e.:. T nia�a • ,m 1 an LOT u°°u,io ae coma..T.um wx-- 1 �` _/ 7 °4N° 'r ---.-- �N ,N.'-''�1t...•_ • __ _ m1.ar a OJT vicar q MOO acmaw•n TO v Ta.>m ma r..[aan•r O. � K Oa1a1)TiTa 3r. 7N,I.1/1•,1.h JN(1 r.1/,N sll. ,°:k' ;•i• .F t °a� "m.®•Tom•.°�vNLo°s mA.'°•'m a ii mar:oncu�rsnN v AT''`�. 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VILLAGE CENTER 1 .. - - 1". .935• • t� \- 1�;--.- - - — — — jI , r Iur . , I. rAooTo �.w`�.••f$i'eT � IIA.i•n)•or L•r :72.•2' J°K \ / I.;Kr - -ACT. L DEKLOPYCN 4:..:1.,. \ \ /7 OUT OF THE AMYL DSTRACr 1049, �; \ —�— C 2 9N 199b 995 caNT4. TEXAS o itiiii M 1i • C1 ,995 Y S0�13HLAKE BLVD. (F.M. 1709) I �� -i. cEueER n I' rr \� swam , Of la{ , - _ — •,(JBM li