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1994-07-19 CC PacketCity of Southlake, Texas REGULAR CITY COUNCIL MEETING: JULY 19. 1994 ' LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall WORK SESSION: 6:30 P.M. 1. Discussion of all items on tonight's meeting agenda. REGULAR SESSION: 7:00 P.M. 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. 3. Approva of the Regular City Council Meeting held on July 5, 1994. 4. Reports: O� A. Mayor's Report. P4 J sL-) 2L -1, vu C.,zof• Pro B. =CityManager's Report. SR 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. Consider: BW A. Interlocal Agreement between the City of Southlake and Tarrant County for paving of South Peytonville Avenue. SR B. Park Donation Policy. REGULAR AGENDA 6. Public Forum. City of Southlake, Texas — Regular City Council Meeting Agenda ' July 19, 1994 page two 7. Consider: Ordinances, second reading and related items. KPG GL A. Ordinance No. 480-137, 2nd reading (ZA 94-61), Rezoning request for a 1.997 acre tract of land situated in the G.W. Main Survey, Abstract No. 1098, Tract 2E, being a portion of a 3.68 acre tract of land as recorded in Volume 5915, Page 391, Deed Records, Tarrant County, Texas. Location: 155 South Kimball Avenue. Current zoning is "SF-1" Single -Family Residential District, with a requested zoning of "C-2" Local Retail Commercial District. Owners/Applicants: Gary and Cathey Fickes. PUBLIC HEARING. KPG GL B. Ordinance No. 480-138, 2nd reading (ZA 94-62), Rezoning request for a 7.00 acre tract of land situated in the M. Mahaffey Survey, Abstract No. 916, Denton County, being a portion of a 58.078 acre tract of land as recorded in Volume 312, Page 422, Deed Records, Denton County, Texas. Location: South side of Bob Jones Road, southwest ian Creek Addition. Current zoning is "AG" Agricultural Distric i a requested zoning of "RE" Residential Estates. Owner/Appl' s: Michael and Susan Lamon. CEH C Ordinance No. 607, 2nd reading, annexation of 0.361 acres of land in the C.M. Throop Survey, Abstract No. 1510, Tract 7A. PUBLIC HEARING. CEH D. I Ordinance No. 61, Change. 8. ' X Ordinances, first reading and related items. KPG / GL A. Resolution No. 94-29 (ZA 94-59), Specific Use Permit for the development of an indoor baseball facility and outdoor fields for instruction and entertainment per Ordinance No. 480, Section 45.1 #11, on property legally described as Lot 5, Block 1, Phase I and Lots 6 and 7, Block 1, Phase II, Greenlee Business Park and approximately 5.17 acres out of Tract 6 in the John A. Freeman Survey, Abstract No. 529. Location: West of South Kimball Avenue, north of East Continental Blvd. Current zoning is "I-1" Light Industrial District. Owners: E.L . Inc. and Chris Lamon. Applicant: Texas Baseball Center, David L. Robert Walton, Agents. =BL=CH=ARI=G. City of Southlake, Texas I Regular City Council Meeting Agenda ' July 19, 1994 (tolel page three KPG / GL B. A 94-60, Plat Revision of Lot d Lot 7, Block 1, Gr ee Business Park, Phase II, and 9.177 acres and in the John A. Free Survey, Abstract No. 529, and Lot oc , Greenlee Business Park ase I, and being revised to Lot 5R t , lock 1, Greenlee Bu 'nes ark, Phase I. Location: West of S all Avenue, north of 'nental Blvd. Current zoning is "I - Li Industrial District. n E.L.F.M. Inc. and Chris Lamon. Applicant: Texas Baseball Ce r, David L. Thoraoiknd Robert Walton, Agents. KPG / GL rdinance No. 480-12 eading (ZA 94- zoning request .50 acre tract situated in the reeman Su rve ct No. 522. n; South of eytonville Avenue t of Soutlir* a Lakes Addition. Cu ning is "AG" Agricul , with a requested zoning of "SF- 20A" ' e-Family Residential D' ' . Owner/Applicant: Fred &—loyee-) KPGIGL Ordinance No. 480-134, 1st reading (Z - , Rezoning and Concept Plan appro and in the T.M. Hood Survey, Abstract No. 706. Location: a of Shay 've, south of W. Highland Street. Current zo ' is "AG" Agricultural, with a r ed zoning of "CS" Com ity Service District. Owner/Applicant: Carroll In ependent School trict. KPG/GL E. Or No. 480-135, 1st reading (ZA 94-69), Rezoning rqgu tract of land and a 4.742 acre tract of land ess�G. lleAbstract No. 18. Loca ' side of Union Church nental Blvd.) approximat west of Davis oning is "I-1" Light Industrial D' Requested g is "SF-lA" Single -Family Residential District. Applicant: Ci outhlake. KPG / GL F. rdin - g, (ZA 94-70), in re uest for 9.836 acres, being three (3) tracts of land 1 ut oft . Estes Subdivision situated in the T.W. Mann Survey, Abstract N 7. Location: East side of Sam School >Road, ap ly 800' no of est Dove Road. Current zoning is "I-1" ndustrial with a r ted zocant: City of Southlake. 9. Resolutions (no items this agenda). 10. Other items for consideration (no items this agenda). 11. Other items for discussion (no items this agenda). City of Southlake, Texas Regular City Council Meeting Agenda July 19, 1994 page four 12. Meeting Adjourned. 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, July 15, 1994, at 5:00 p.m., pursuant to the Texas Government Code,,„�ap teQ51. [A)Atk' kF.y Sandra L. LeGrand r City Secretary v *t 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. -Xw%7-19-941mtgU! City of Southlake, Texas 3 EXECUTIVE SESSION PENDING LITIGATION SECTION 551.071 The City Council may consider pending and contemplated litigation subjects. The following subjects may be discussed: 1. West Beach Addition. 2. Legend Custom Homes, 1993 3. Scott and Anne Morrison vs. The Zoning Board of Adjustments, of the City of Southlake, and the City of Southlake. 1993 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 executive 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 public.. PERSONNEIAECTION 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 public by the City Council. If personnel issues or litigation issues arise as to the posted subject matter of this City Council meeting, an executive session will be held. a\exclseae\4-05-9441 0 City of Southlake, Texas MEMORANDUM July 15, 1994 TO: Honorable Mayor and Members of City Council FROM: Shana Rice, Assistant City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting July 19, 1994 1. Agenda Item No. _ 4B. City Manager's Report. Administrative Calendars and Departmental Reports are in your packet. Please let me or the Directors know if you have any questions. Note that the Building Division report is not included in your packet, however it will be ready to hand out at the meeting. Note: We plan to prepare for you by Tuesday night a written staff report to address issues we feel may have an impact on certain agenda items under consideration. This report will attempt to address issues such as: traffic impacts, lighting, drainage, infrastructure, SPIN notification, public notification, compatibility with the City's Master Plans, background information, procurement issues, current zoning/permitted uses, special concerns (floodway, etc.), legal constraints, safety, funding, what other cities are doing, etc. This standardized format will be helpful for providing additional information on each agenda item to SPIN reps and other interested citizens. 2. Aizenda Item No. 4C. SPIN Report. This week Scott Martin from neighborhood #4 and Dick Johnston from neighborhood #16 will report on their neighborhood meetings. SPIN %k" � Standing Committee Chairs are currently working with their neighborhoods to prepare for the TEAM Focus exercise, scheduled for July 27, 1994. 3. Agenda Item No 5A. Interlocal Agreement between the City of Southlake and Tarrant County for Paving of S. Peytonville Avenue. South of Carroll High School. As you know, we have had difficulty obtaining all of the needed easements, which could have ' resulted in construction limitations. We have, however been able to come to an agreement with the property owner and have secured the needed property to complete the street paving. Construction will begin once the agreement has been approved by the Council and the Tarrant County Commissioner's Court. 4. Agenda Item No. 5B. Park Donation Policy. This policy will provide consistent guidelines to follow when considering the acceptance of donations for the park. The Park Board recommends approval. 5. Agenda Item No. 7A. 2nd Reading, Ordinance No. 480-137 (ZA 94-61). rezoning request for "C-2" Local Retail Commercial District, 155 S. Kimball. There have been no changes since Council approval of the first reading. 6. . Agenda Item No. 7B. 2nd Reading,, Ordinance No. 480-138, (ZA 94-62). rezoning request for "RE" Residential Estates, south side of Bob Jones Road. There have been no changes since Council approval of the first reading. 7. Agenda Item No. 7C. 2nd Reading, Ordinance No. 607, annexation of 0.361 acres immediately east of the creek, north of the Westlake/Southlake boundary on West Dove Road. There have been no changes since Council approval of the first reading. 8. Agenda Item No. 7D. 2nd Reading, Ordinance No. 614, TU Electric rate change request. As you know, the rate increase became effective on July 11. Our Charter requires two readings of ordinances, however, so Council must act on the rate change request anyway. 9. Agenda Item No. 8A. Resolution No. 94-29 (ZA 94-59). Specific Use Permit for the development of an indoor baseball facility and outdoor fields. The applicant, Texas Baseball Center, proposes a 20,000 sq. ft. indoor facility and three outdoor lighted ball fields. Their intent is to utilize the facility in the teaching of baseball skills and for Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 15, 1994 Page 3 sponsoring leagues for "select" level players, ages 8-19 approximately. There was considerable discussion at P&Z resulting in a denial (3-4) of a motion to approve the request, subject to stipulations noted in the P&Z minutes. In effect, this is forwarded as a denial of the applicant's request which will require a super -majority vote for approval by Council. You will probably be contacted by the applicant prior to the meeting. 10. Agenda Item No. 8B. ZA 94-60, Plat Revision, Greenlee Business Park, Texas Baseball Center. There are no outstanding issues with the plat of the baseball facility. The P&Z Commission recommended approval subject to the staff review letter. 11. Agenda Item No. 8C. 1st Reading, Ordinance No. 480-125, (ZA 94-66), rezoning request for "SF-20A. " This is an approximately 30' wide strip of land west of and adjacent to Southridge Lakes, Phase 7. The intent is for Arvida to acquire this strip and incorporate it into the Phase 7 lots via a plat revision. The P&Z Commission recommended approval. 12. Agenda Item No. 8D. 1st Reading, Ordinance No. 480-134 (ZA 94-68), rezoning and concept plan for Carroll Independent School District, East side of Shady Oaks Drive, south of W. Highland Street. C.I.S.D. is requesting waiver of all bufferyards and the interior landscape requirements. Staff also recommended that the number of drives onto Shady Oaks be limited to three drives. The P&Z Commission recommended approval subject to: (1) the staff review; (2) requiring the bufferyards and interior landscaping; and, (3) limiting access to Shady Oaks to three drives. They did delete the requirement for the continuation of Chapel Downs Drive through this property, required due to the R. O. W . reservation stubbed from the Sandlin Estates property to the south. They further recommended in their motion that C.I.S.D. evaluate the vertical curve on Shady Oaks regarding the safety of the south drive, that no lights be allowed on the fields, that they work with the City in regard to the need for three lanes in front of the school, and that a sidewalk be provided along Shady Oaks for the full frontage of the lot. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 15, 1994 Page 4 No lights have been intended for these fields. Our engineering staff will evaluate the issues related to safe traffic movements along Shady Oaks. Note in your packet a letter received from Larry Abernathy, Oak Hill Estates Homeowners Association, and a letter received from Bill Branum, C.I.S.D. Superintendent, opposing the extension of W. Chapel Downs as a secondary thoroughfare. 13. Agenda Item No. 8E. 1st Reading, Ordinance No. 480-135, (ZA 94-69). rezoning request for "SF-1A," City initiated rezoning There were concerns raised at P&Z concerning the resulting adjacent uses on Michael Drive to the proposed SF-lA zoning. The P&Z Commission recommended approval (4-3) of the proposed SF-lA zoning. 14. Agenda Item No. 8F. 1st Reading, Ordinance No. 480-136, (ZA 94-70), rezoning request for "AG," City initiated rezoning This property is solely owned by IBM. The attorney for IBM was present at P&Z and stated they were not opposed to the rezoning, but he wanted to make it clear that their intent was to bring forward a rezoning in the future in compliance with the Land Use Plan rather than maintain an agricultural use on the property. The P&Z Commission recommended approval 7-0. OTHER ITEMS OF INTEREST 15. FYI -- Residents of Southlake Hills have expressed concern about the increased traffic and construction inconveniences caused by the development of Southlake Hills East. There will likely be citizens discussing this at public forum. The complaints have raised questions regarding access through subdivisions, and the issue of a community's desire to limit access by refusing to extend street stub outs through new subdivisions. Of the problems caused by this for the City, most are obvious. When there is no continuation of the public street system, access is denied not only to unwanted neighbors from other Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 15, 1994 Page 5 subdivisions, but also to public safety personnel and other service personnel, such as sanitation workers. Some problems are not so obvious. Other cities are struggling with this issue. The attached articles describe some of the controversy associated with gated communities and how other cities are dealing with the issue. Plano as an example, recently declared a moratorium on approving gated communities until guidelines can be established. The point is that as developments begin to abut one another we are likely to hear more and more complaints of this nature. Perhaps it is time to begin discussing Council's philosophy on limiting access to subdivisions. 16. Kim McAdams Parks & Recreation Director for the City of Keller, has accepted our offer of employment as Park Project Manager. Ms. McAdams will begin her new responsibilities, which will include construction oversight for park projects funded by the half -cent sales tax, on August 1. 17. Recent electrical storms created a number of problems at City Hall, including damage to the phone system. City Hall took a direct lightning hit during the electrical storms last weekend, resulting in damage to the phone system. The attached memo from Lieutenant Gary Gregg describes the problems and the efforts to correct them. The full extent of the damage is not yet known, however due to Lt. Gregg's efforts, much of the repair work has been completed. This is not the first time we have experienced this problem. The attached memo from Billy Campbell, Director of Public Safety, details the history of lightning strikes at City Hall. 18. Questions keep coming_ un regarding new City Hall facilities. As you know, David McMahan has presented an alternative to the site across the street. He is very interested in working with the Council to develop a facility in the former Food Lion building, and Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 15, 1994 Page 6 apparently plans to visit with each of you to outline his proposal. The site has some utility, but there are problems as well. 19. Traffic signals at Kimball - As mentioned at the last Council meeting, the State has informed us that they will be requiring the intersection at South Kimball and S.H. 114 to be signalized by the City and/or Wal-Mart. It is our contention that the State should signalize this intersection, but if they will not, we plan to do it without requesting Wal Mart participation. The beneficiary of the signals at Kimball/S.H. 114 is the State and Southlake. The cost of each signal light is approximately $40,000 - $50,000. The funds for this will be taken from the $1.5 million bond fund. The State will not give Wal-Mart permits until the signals have been approved by Southlake. The City and Wal-Mart have agreed to split the cost of the signals at F.M. 1709 and Kimball Ave. 20. S.H. 114 was the subject of a meeting held last Monday between myself, Bob Whitehead, Curtis E. Hawk, and TxDOT Executive Director Bill Burnett. We discussed our proposal to work with the Lake Turner MUDs to accelerate the construction of the access roads and interchanges along S.H. 114. His response was generally favorable and he suggested that we submit a letter for review by the Commission. More information will be provided to you during executive session on Tuesday evening. 21. Dove Estates Treatment Plant Update - Bob Whitehead, Ernest Bramlett (Water & Sewer Superintendent), and Curtis E. Hawk met with the attorneys on Tuesday to discuss this issue. Again, we will be discussing this at length during executive session. 22. Cable Service Regulations - Per your instructions at the last Council meeting, staff will monitor federal legislation regulating cable television. Additionally, we have put information in Southlake In Review, asking for citizens to call the action line with service complaints. We have asked citizens to let us know about problems with any of the public Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 15, 1994 Page 7 utilities, including cable service. We will compile the complaints/concerns and bring the information to you at a later date. 25. P&Z Commission. The P&Z Commission elected Joe Wright as Chairman and Lanny Tate as Vice Chairman. 26. Planner, Tom Elgin. Tom received notice that he passed his A.I.C.P. (American Institute of Certified Planners) exam this week. This is further evidence of the quality of the professional staff in place here at the City. 27. Tree Preservation. Attached is a comparison summary of Tree Preservation ordinances prepared by Greg Last, Community Development Director, as a part of his presentation on 7/ 15/94 at an American Planning Associations (APA) monthly luncheon. You may be interested in comparing Southlake's current regulation with those of other cities. ...-• i i< Fortress America More and more of us are living behind locked gates. By David Dillon One of the most familiar sounds in the U.S. these days is the clanging ante. Not the garden gate, or the alley but the gate that closes off the (W�et, the block, and increasingly the entire neighborhood. An estimated one- third of all new communities in Southern California are now gated. The percent- ages are similar around Phoenix, the sub- urbs of Washington, and in many parts of Florida. New home sales in master -planned com- munities, which are usually walled and often gated, rose 17 percent in 1992, according to a June 1993 survey by con- sultants Arthur Andersen. But gates and guardhouses are also popping up in es- tablished neighborhoods —poor ones as well as rich. In Los Angeles, walls and gates have been erected around two pub- lic housing projects to keep out gangs and drug dealers. ."We want the same protec- tion as white folks," a resident of Mar Vista Gardens told a Los Angeles Times reporter in March 1992. Terrified of crime and worried about property values, Americans are flocking to gated enclaves in what experts call a fundamental reorganisation of commu- nity life. "There is no doubt that for the near future this will be the trend," says wallas security consultant Tony Cooper, .iose firm, Nuevevidas International, dvises public and corporate clients na- tionwide. "People like to live within walls because they give the illusion of security. And it has acquired a certain social con- notation as well. It's become the thing to do, like having a doorman or a chauf- feur." Walls are only the beginning. Inside may be surveillance cameras, infrared sensors, motion detectors, and sometimes armed guards. St. Andrews, a gated com- munity in Boca Raton, Florida, spends over $1 million a year on helicopters and canine patrols. Hidden Valley, a private community north of Los Angeles, installed anti-terrorist bollards two years ago to keep nonresidents at bay. Used mainly to protect embassies and airports, the bollards rise up to impale vehicles that try to defy them. The tally so far: 25 cars and four trucks. Such drastic measures have sparked protests, lawsuits, and pleas for restraint. 'These walls and gates are leading to more segregation and more isolation, and the outcome is going to be tragic for all of us,' warns Norman Krumholz, AICP, pro- fessor of urban planning at Cleveland State University. 'We're all Americans together, and have to learn to live in a culturally diverse place.' Dallas loves them The Dallas area now contains approxi- mately 25 gated communities, not count- ing the dozens of gated apartment com- plexes scattered across the city. Not yet as common as in Palm Springs or Fort Lauderdale, they nevertheless represent a dramatic shift in local development patterns. At least six new gated complexes have been announced in the last few months, Maximum security in Green Valley, just south of Las Vegas labovel. Below: a sales brochure for a development near Dallas. This north Miami neighborhood gated off a public street. the 'communitarian movement' and au- thor of a new book, The Spirit of Commu- nity; says such privatization may be a reasonable response to a growing public crisis. 'I don't approve of setting up gates and barriers for class purposes,' he says, and 'in the best of all possible worlds, with no crime, I might say, take down the gates. But in the world we live in, upper middle-class people don't want to rub shoulders with other classes of people. They haven't wanted to for 200 years.' Bven critics of gating admit that the desire to protect home and family is un- derstandable. 'Those are perfectly good jividual motives, right and honorable,' Rice's Stephen Klineberg. 'The prob- 40!J, 1 with enclaving is that it leads to the deterioration of any sense of connected- ness to the larger community. If I'm making it, it's not my responsibility to look after others. That's the direction American society seems to be going, and it's ominous. It will destroy us in the end." Drawbridge mentality Gating is hardly a new phenomenon. During the Middle Ages and the Renais- sance, kings and princes routinely pro- vided gated enclaves for their families and loyal retainers in times of siege and pestilence. Fortified with towers, moats, and drawbridges, they stood as formi- dable reminders of class distinctions. St. Louis developed a sizeable network of private gated streets for its beer barons in the late 19th century, and most of them still exist. And there always have been gated compounds in resorts like the Hamptons and Bar Harbor, where the superrich can turn their backs on the working world. Today, the popularity of gated pre- ves cuts across economic lines, as as- ng middle-class families migrate to walled communities in far -distant sub- urbs, and inner-city residents like those documented by New York photographer Camilo Vergara armor themselves against intruders. But no matter who builds them, gated and walled communities are intended as private havens. And it is this separate- Which I Idevelo place in+990+ tieing) ZvhYciz rr Y.as1 broadi pants,' ness that has attracted criticism. 'Gating is an outgrowth of not wanting anything in our backyard that is different from us,' says consultant Daniel Lauber, AICP, of River Forest, Illinois. 'A black person who shows up in one of these places is The 10gated developments on Hilton Head Island, Sorth Carolina, rate the poration of the own of Hilton Head. Today, only 93 streets fin black) are public out of a total of 1,002. That raises questions about cleanup responsibility in the event of a major hurricane, say town officials. ice more serious crime. y Cooper emphasizes that security is only as good as the people providing it. 'Finding a good security company these days is like looking for a diamond in a garbage dump,' he says. Many companies pay guards little over the minimum wage and regularly suffer turnover of 200 percent or more. As in most businesses, the better security compa- nies charge more, and there- fore cater to affluent cli- ents. At $10 an hour, a low figure, the annual cost for 24-hour security covering one gate and one guard is $87,000. Each homeowner is assessed a portion of this cost. More gates, guards, and services —canine pa- trols, escorts, cameras — mean dramatically higher costs, which is why guard- '1ses are often unmanned sight, and dummy cam- as and warning signs take the place of patrols. Even developers express reservations. 'If a profes- sional thief wants to break in, he'll find a way,' says Frank Zaccanelli, ex- ecutive vice- president of the a Perot Group's Hillwood De- velopment Cor- poration, devel- opers of The e Enclave. But then comes the kicker. "People perceive gated communities to be more secure, and from a developer's point of view that's a marketable commodity." Even when the cities and neigh- borhoods are tranquil, that percep- tion counts for a lot. Victor Arias and his family moved from suburban Chi- cago to Hackberry Creek in Irving, one of the largest gated communities in the area, because, he says, "it seems like a secure, established neighborhood where our kids can run around without having to worry about traffic." Arias says he considered several up -scale city neighborhoods, "but you never know what's going to happen there. In a gated community you can control some of that." This desire for control could have dan- gerous consequences for American cit- ies —and for the world, says urban critic Jane Jacobs, now a resident of Toronto. "It's a gang way of looking at life, the institutionalization of turf. And if it goes on indefinitely, and gets intensified, it practically means the end of civilization." Jacobs sees gated communities as ex- pressions of a new brand of urban tribal- ism that will pit races and ethnic groups against one another, and that won't achieve any more than tribalism does in the rest of the world. "We know from reading about Bosnia how terrible things can get when the gulf [between ethnic and social groups] grows, and how fast it can grow," she says. "What a miraculous thing it is when you have a body politic, with all kinds of different people, that works, and that nearly everyone has a stake in improving. And how fragile that is too.' David Dillon is the architecture critic for the Dallas Morning News. vanguard of a new urban tribalism that pits races and ethnic groups against one another, and that will produce the same dire consequences as tribalism everywhere. "The old notions of community mobility are being tom apart by these changes in community patterns," says Edward Blakely, head of the department of city and regional planning at UC-Berkeley. "What is the measure of nationhood when the divisions between neighborhoods require armed patrol and electric fencing to keep out other citizens? When public services and even local government are privatized? When the community of responsibility zbps at the subdivision gates? What happens to the function and the very idea of democracy then?' ""END OF STORY REACHED" STORY 2 PUBLICATION DATE 06/19/94 NEWSPAPER THE DALLAS MORNING NEWS EDITION HOME FINAL SECTION NEWS PAGE 1A STORY SIZE 80 INCHES HEADLINE SECURITY FOR SALE Gated communities prosper in fearful society; c riks say they foster segregation, isolationism CHARTS,GRAPHS.PHOTOS PHOTO(S): 1. Gates enclose the Excelsior Way community in North Dallas. An estimated 4 million Americans live in such communities. (The Dallas Morning News: John F. Rhodes). 2. Home sales In places such as the Glen Lakes gated community at Walnut Hill and Central Expressway ran far ahead of the sluggish Texas real estate market in the late 1980s. (The Dallas Morning News: Richard Pruitt). 3. Kelly Skinner, 6, rests by the Hackberry Creek Country Club pool in Irving with her mother, Pam, and brother, Tom. (The Dallas Morning News: John F. Rhodes). 4-5. At left. Frank Simmons stands in front of his new home in Regents Park, a gated community in DeSoto. The Dallas Morning News: John F. Rhodes. Below, Brock Soraphin, 6, gets personal attention from instructor Erick Merrill during a kids' tennis drill Friday at the Hackberry Creek Country Club in Irving. (The Dallas Morning News: David Woo). 6. A car enters the Glen Lakes development in Dallas. Sociologists and developers say people move Into such communities out of fear of crime and a desire to protect their property values. (The Dallas Morning News: Richard Michael Pruitt). 7. Norman Campbell. (DMN: John F. Rhodes). (This photograph appeared in the Bulldog edition on page 28A). MAP(S): Maur gated communities In the Dallas -Fort Worth area. (DMN: Don Huff) ; PHOTO LOCATION: 1. Disk 40B/NE Gated14 (cf 71270). 2. Disk 40B/NB Glen Lakes 16 (cf 58906). 3_ I enforce design guidelines covering everything from the square footage of houses to the color of mailboxes and the location of (W satellite dishes and yard art. Some set minimum age limits for residents and determine the makeup of households. to states where zoning is nominal, such as Texas, they may draw up ordinances. A few of the larger ones even issue bonds. According to the Community Associations Institute in Alexandria. Va.. 32 million Americans now belong to some form of these organizations. Including apartment house and condominium associations. the group predicts that the number will hit 60 million by the end of the century. Financially strapped local governments are derghted to allow community associations to build new parks, pools and playgrounds. And developers have discovered that they improve the marketability of their projects by providing rive -in managers with a vested interest in the success of the development. "in Phoenix you con't start a new development without a community association." says Brent Herrington of Capital Consultants Management Corp., a leading manager of gated and planned communities. "Houston is like that, and Dallas is getting that way." Security is the primary justification for the gating explosion. Not tong ago, security for most people was limited to a deadbolt lock and maybe participation in the neighborhood Crime Watch program. As criminals becart'le more mobile, and gangs and guns invaded previously untouched neighborhoods, alarm systems became popular. Now those alarms may be part of an elaborate security network that includes electric eyes, ultrasonic sound detectors, infrared sensors and in many cases "armed response." Several gated communities In Florida spend more than $1 million a year on security alone, including helicopter patrols and attack dogs as well as the usual gates and guards. Hidden Valley, a new gated community north of Los Angeles, recently installed hydraulic anti-terrorist bollards, steel posts that rise up and impale vehicles that try to run them. The score so far. 25 cars and four pickup trucks. Seeing problems Such extreme security measures - more common at embassies and airports than subdivisions - have sparked lawsuits and angry protests from planners and sociologists. "These walls and gates are leading to more segregation and more isolation, and the outcome is going to be tragic for all of us" says Norm Krumholz, professor of urban planning of Cleveland State University. "We're all Americans together, and have to learn to live in a culturally diverse place." Developers of gated oommurifies reply that they are merely giving the public what it wants. "People are demanding more than streetscaping these days." says James Pabich of Mobil land, developer of Timarron and other master -planned communities in the Dallas area. "They want security and the assurance that they are going to get their money back out The latest Dallas Police Department figures indicate that violent crime in the city has dropped for 25 consecutive months. From 1991 to 1993 Dallas' overall crime rate fell 34 percent. Yet a 1993 Citizen Survey, funded by the city, revealed that 62 percent of Dallasites don't feel safe walking their neighborhood at night One explanation for the discrepancy, say security analysts. Is that the public generally Ignores crime statistics or takes no comfort in them, any more than people who are afraid of flying are emboldened by news that major airlines had no fatal crashes in 1993. "You can bell people you've reduced crime, but the perception among people with families, among senior citizens, is different," Chicago Mayor Richard Daley told the U.S. Conference of Mayors in February. "They're afraid." Last year Mayor Daley proposed barricading and cul-de-sating every ward in Chicago. He backed off when local African -American leaders accused him of introducing "a Chicago version of the South African homelands." Good news about violent crime reduction must compete with frequent graphic accounts of driveway shootings, child abductions and gang murders in suburban shopping malls_ Add the flood of sensational magazine articles and TV specials on guns and gangs ( Time alone ran three cover stories on crime in 1993), and you have a picture of a society swimming In blood. Marketing safety Gated communities, on the other hand, often market themselves as safer, friendlier and more economically stable than traditional urban or suburban neighborhoods. Stonebriar, a popular gated community in Frisco, asks prospective residents to imagine a "perfect place to live ... outside the pandemonium of the city," where there can be "a return to simpler times, when you knew you were secure within the boundaries of your own neighborhood ... (and) where children could play unattended and be safe after dark." This invitation is accompanied by lush color photographs of a sturdy stone gatehouse and an Impeccably detailed stone country dub, with tall chimneys and broad bay windows overlooking a Swale of lawn. Roads named Glenmoor and Muirfield wind gracefully among manicured greenbelts and fairways, where ducks pose like exhibits in a natural history museum. Most gated communities around Dallas have pastoral names - -= Glen lakes, Oakdale, Los Arboles, Cottonwood Valley - that underscore the marriage of tranquillity and exclusivity that is one of their strongest selling points. "Secluded from the world at large, yet dose to all the finer things of life," to quote The Downs of HillcresL The traditional urban grid, with its numerous entrances and exits, is likewise replaced by curves and cul-de-sacs flowing to a single entry point "These communities are partly a reaction to the recent pressures to mingle and be dose," says Mr. Cooper, the security consultant_ "People feet pushed around. But in a house behind a wall they can still have some control over their lives. This desire is only intensified by the supposed crime wave." These assurances have already wooed thousands of Datlasites to �c And that trend appears to be continuing. The Enclave in Plano reports that 61 of its 64 lots are sold. The Dawns of Hillcrest has (W sold 65 of its 114 lots in 14 months and has 55 houses built or under construction. It recently raised prices on its lake lots $20,000 and still sold most of them. "Almost everyone In the United States has been burned on a house at least once." says Frank Zaccanelii of Hillwood Development, a Perot Group company that owns The Enclave. "They notice that (housing) market share rises in planned developments, and that values are going to be more stable." This perception of stability is strengthened by the inability of many local governments to maintain streets, parks and other pieces of the public realm. During the past decade the burden of public works, education, recreation and welfare shifted dramatically from the federal government to states and cities. Between 1980 and 1990 federal funding to cities and states slipped from 25 percent of total revenues to 17 percent New York City saw its federal support slide from 16 to 9 percent, while Dallas' fell from 12.3 percent to 6.3 percent in 1990. Between 1987 and 1993, Dallas' property tax base also dropped nearly 20 percent, with severe consequences for Its public services and infrastructure. In March, Public Works director Ramon Miguez announced that only 63 percent of Dallas' streets are in satisfactory condition. If the current level of maintenance continues, he predicted city streets will have a satisfactory level of only 17 percent within 20 years. A few weeks later, the City announced that it could not afford to open four public swimming pools this summer. Minyard Food Stores subsequenty, provided the funding, but the incident ep'Itomized the precarious state of city finances - "We have so many demands, and have lived beyond our means for so long, that there's no money left," explains Washington sociologist Amltai Etzioni, author of The Spirit of Community. 76 talk about letting the government do it is just a pipe dream. We have to take care of our own." In more cities, "taking care of our own" means one thing - privatizing services that used to be public - Downtown business groups, including the Central Dallas Association, are creating special public improvement districts through which members tax themselves to pay for extra police. trash pickup and street maintenance. Eighteen neighborhoods, mostly in North Dallas, hired off -duty Dallas police to patrol their streets and parks, using cruisers rented from the city. This is a national phenomenon. According to a report published by the National Institute of Justice in Washington, private security guards now outnumber public police three to one, while private businesses and communities spend nearly twice the amount on security as city governments. Viewed in this broader context, gating is one more swell in the tide of privatization that is rotting across the country. Mr. Etzioni defends it as a sensible, "oommunttariarn" response to a growing public crisis. City of Southlake, Texas MEMORANDUM July 11, 1994 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Telephone System Outage Please see the attached memorandums from Director Mike Bedrich and Lt. Gary Gregg regarding the telephone system outage which occurred on Sunday, July 10, 1994. Director Bedrich, Lt. Gregg and I were out last night during the storm. We called in Mike Patterson to put up some signs because of lights being out at Highway 114. Telephone service and lights were restored at approximately 12:00 Midnight. I have asked Lt. Gregg to research the cause of the telephone outage so we can take steps to bullet-proof the system like we did the outside antenna. I am available for any questions or comments that you might have. BC/mr Attachments (2) wpLVewlPhona.0ut � City of lake.Texas July 10, 1994 TO: Billy Campbell, Director, Department FROM: Mike 8edrich, Director, Police Servi SUBJECT: Failure of Telephone System ^ On July 10, 1994r at 202S hours the cities municipal complex's telephone system failed due.tm a power surge due possibly to a lighting strike. How that surge caused the failure of our system is still unknown at the time of this memo. All telephone communication was down until approx. 2045, when the 911 system came back on line (phone service only, no screen read out). Calls for service were answered through 8rapevine communications and visa cellular phone service. At approx. 2130 hours the 481-5581 number was operational, routed through cellular phone service. At approx. 2405, emergency phone service and total 911 service was restored. Lt. Gregg will forward a detailed accounting of this incident on Monday. MBB/mbb cc: Lt Gary Gregg, Support Service City, of Southlake, Texas MEMORANDUM July 10, 1994 TO: Billy Campbell, Director, Public Safety FROM: G. Gregg, Lieutenant, Administrative Sery SUBJECT: Telephone System Outage Due to a lighting strike July 10, 1994 telephone and 911 :.,,_ ...,_ ,.,,., ._.._,._..r..,,.. massive lighting strike caused a power surge which bypassed the UPS system as it appears at this time. The 911 system memory was scrambled and reset manually about an hour later. Calls continued to come in, just without name and address information. The telephone system suffered a massive failure involving the CPU (computer) and several processor circuit packs in the telephone switch itself. The processor packs have been replaced and a rudimentary memory restored. However, the main CPU which handles the automated attendant it still completely out and will be out possibly until sometime late Monday afternoon. Because the main CPU is blown, we have no way of restoring individual small translations from the main tape backup. There will be several stations out until we are able to restore the main CPU. As the main CPU is not functional, the automated attendant will not function either. Calls are currently sent to communications via night service. When the receptionist / cashier comes to work at 8:00 the night service switch will need to be "flipped" and all calls will then be answered by the cashier and transferred to the appropriate department / extension. I will be here as close as possible to that time to ensure an orderly transfer and explanation. Because of the tremendous lighting strike which hit, we may anticipate several residual failures- over the next few days. I am available if you have any further questions. GG/gg cc: Daisy Neathery, Communications Supv City of Southlake, Texas MEMORANDUM July 14, 1994 TO: Shana Rice, Assistant City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: History of Lightning Strikes We have researched the number of major lightning strikes that have affected city-wide communication performances. Since November, 1987, there have been six major lightning strikes at this location. One strike in 1987, 1988, 1991 and 1992, and two strikes in 1994. Some figures are available as to the damage and other figures are not as easily retrieved. The latest strike repair will cost the City approximately $4,000, with $14,000 worth of damage being covered by our AT&T maintenance agreement. The minimum amount of damage cost per strike through the years has been approximately three to four thousand dollars. Lt. Gregg and I are researching the best way to address this problem. John Francis is putting a lightning expert at our disposal in the next day or two and a memorandum will be forthcoming as to recommendations for the prevention of this type of recurrence. At one time we believed that the tower may be the problem, but after talking with John Francis this may not be the case. If you have any further questions, please feel free to contact me or Lt. Gregg. 6c_ BC/mr wplMem Ughtnig I 0 TREE PRESERVIAna-T A A B C D D F G K S T T W W CMINANC ES R U E O A E L R E O H R E L S D L L N O A L U E O S U CCHPARISCH SUMMARY I T F L L T W P L T P T N N I O E A O E E E H W H L I G N R Y S N R V R L O Y A V T D V I A O K O I M N K D C E P N L O E E L L L L U A U A E N N B C Greg Last D D E July 15, 1994 S Page 1 of 5 M....e. a ■e■e■e■eeee■ee ...1M : .a„a..Wa, eeeeeeee■eeeee .ati I.a . •..a ■eee■eee■eeeee I'1 •�• • .a. ■ee■■e■■■e■■eeI - • y.• a a ee■■■■■eee■■ee _,• ✓eeeeeeeeeeeeee ¢..- ••• -a� .-.• a a. - eeeeeeee■eeeee -.ia• ..a a eeeeeeee■eeeee .., , ...... ■ee■■■■■■e■■■e • 1 1 Y• . L e■■e■■■■ee■■■■ ■e■■■e■■■e■o■e - - - a•�-,�. eeeeeeeeieee e --e l ' ---.: e©eeeeee■eee e • . -.1 eeeeeeeeeeeeee 5- •- r eeee■eeeeeee■e • 1.. -•- eeeee■eeee■e■e -• . ■■eee■eeeeeee■e . 1 11 eeeee®ee■e■e■■ ■eeeee■■■ee■■e atie N,® a5:i a •aim • • • 1 ■eeeeeeee■eee■■ y . - ee■eee■e■eeeee Y• 1 1 ,. 1• . ■e■e■ee■■e■■■e ra it ara • - - •- - = • - 4W%PRDJHC9S1-11 E-APA.2 TREE PRESERVATICN Ci2DANANC'E OCMPARI.SCN SPRY Description of Criteria Used 7/15/94 y Pg 2, of 5 CRITERIA DFSC�tII�TICHI HOMEOWNERS The ordinance regulates the removal of protected trees by hareowners on their residential lot. AGRICULZURAL USES The ordinance regulates the removal of protected trees within farming or agricultural uses as needed for the continuation of the agricultural use. MUNICIPAL PROJECTS The ordinance regulates the removal of protected trees by municipalities in order to construct public inprovements such as streets and utilities. OCtIIERCIAL DEVELOPMENT The ordinance regulates the removal of protected trees within commercial developments. RESIDENTIAL DEVELOPMENT The ordinance regulates the removal of protected trees within residential subdivision developments. Url= OCMPANIFS The ordinance regulates the removal of protected trees by the utility companies. R.O.W./EASEMENTS The ordinance regulates removal of protected trees within R.O.W. or utility/drainage easements - LOCATION OF REGULATION The ordinance is a freestanding ordinance (F), located within a Zoning Ordinance (Z), Landscape Ordinance (L) or Unified Code (U). PROTECTED TREE SIZE Shows the caliper (diameter) of the tree protected by the ordinance. TREE TYPES DIFFERENTIATED The type of protected tree is differentiated based on the perceived quality of the tree. TREE REPLACEMENT The planting of replacement trees is mandatory recommended (R), or subject to the administrator's decision (A) as a condition for removal of a protected tree. RESTRICTS DESIGN/LAYOUT The requirements of the ordinance restrict the location of buildings, parking or other planned improvements. TREE REPLACEMENT F<IDID The ordinance provides for a tree or reforestation type fund which is mandatory (M), rued (R) or subject to the administrator's decision (A) as a condition for removal of a protected tree. PRT2MG STANDARDS The ordinance regulates the pruning of protected trees. PLANTING LIMrIATIONS The ordinance regulates the planting of trees within the city. (Above and beyond sight triangle type restrictions.) GRAPHICS INCLUDED The ordinance includes graphic exhibits which aid in the understanding of the ordinance. SCkZ W/EXHIBIT REQUIRED A Survey (S) or Exhibit (E) is required with a tree removal permit request. PERMIT APPROVAL The permit approval is the responsibility of inspections (I) , planning (P) , the P/Z omTdssion (Z) or a Tree Board (T). O TRH PRaSII2vAT Cfla)IINANXE cC WARISM SUKO 7t Descripticn of Criteria Used 7/15/94 Pg 3 of 5 y CRITERIA DESC RIPTIC K APPEAL APPROVAL The final appeal authority is a tree board (T), or P/Z Oamiission (Z) . REMOVAL W/O PERMIT The ordinance prohibits the removal of a protected tree without the approval of a permit. MATERIAL STORAGE The ordinance prohibits storing material such as lumber, brick, trash, mortar, etc. within the critical root zone (CRZ) of a protected tree. LIQUID DISPOSAL The ordinance prohibits the disposal of liquids such as paint, oil, cement, etc. within the critical root zone (CRZ) of a protected tree. TREE ATTACEMENflS The ordinance prohibits attaching signs, wines, etc. to a protected tree. VEHICLE PARKING The ordinance prohibits the parking of vehicles or construction equipment within the critical root zone (CRZ) of a protected tree. CUT/FILL I= The depth of cut and/or fill in inches prohibited by the ordinance within the critical root zone (CRZ) of a protected tree. 4 PAVING LIMITS The ordinance prohibits the placement of paving, within the critical root zone (CRZ) of a protected tree such that the livelihood of the tree would be jeopardized. TREE FLAGGING The flagging of protected trees is mandatory (M), recanrended (R) or subject to the administrator's decision (A). BORIM OF UTILITIES The boring of utilities under a protected tree is mandatory (M), reoanrended (R) or subject to the administrator's decision (A). FEQCIlVG OF TREES The fencing of protected trees is mandatory (M), reconTended (R) , or subject to the administrator's decision (A). RETAINING M LIS Retaining walls around protected trees are mandatory (M) , recampanied (R) , or subject to the administrator's decision (A). AIR WELLS Air wells encarpassing the limits of the critical root zone (CRZ) of a protected tree are mandatory (M) , reoaiTended (R), or subject to the administrator's decision (A). BARK PROTECTION surrounding the tree with boards banded with wire is mandatory (M), recap (R), or subject to the administrator's decision (A). c: \WPF \PFDJBMs\FRMEN1'\MME-M2 NNIMIF.Rva MO. � I W *141 We: z W191 7/15/94 Page 5 of 5 GENERAL 1. Most ordix ances do not address the interaction of required tree replacements and other required tree plantings. Are the replacements above and beyond the trees required to meet a landscape ordinance? 2. Some ordinances do not define a violation and fines for a violation. 3. It appears that some ordinances require mandatory replacement tree plantings for every tree removed. This could potentially require considerable overplanting of 3" trees on small padsites or lots that were heavily wooded. LANE & TERMINOLOGY II�'I'II�iT 1. Sane ordinances say "Existing trees to be preserved" mast meet certain requirements. This does not say the trees mast be preserved, rather if the applicant chooses to save them, they mast meet the requirements. 2. sane ordinances appear to exempt all trees in a "residential setback envelope" which is defined as the area between the front setback and rear setback. Does (W this mean that the only trees protected after the issuance of a building permit are those trees in the area between the front property line and front setback and between the rear property line and rear setback? 3. Some ordinances allow the developer to remove trees within the "buildable area" and define this as all areas inside the required yawl areas. This does not limit tree removal to only the areas needed to build the permitted project if that is the intent. eC rDa a`1 1. Provide authority to ZBA to grant exceptions to parking requirements due to the applicant's desire to save a protected tree. 2. Allow administrators flexibility to determine if a true survey is needed or if a lesser exhibit would be sufficient. TREE PRESERVATICK ORDIIaj= 024PARISCH SUMMARY Sunrary of City Contacts 7/15/94 /��}y�, -Page 4 of 5 i ARLINGTW GRAPES Marcy Ratcliff (6w, Lee Ann Layne Planner City Arborist City of Grapevine City of Arlington P.O. Box 729 P.O. Box 231 Grapevine, Tx. 76051 Arlington, Tx. 76010 Phone: (817) 481-0377 Phone: (817) 459-6520 Fax: (817) 424-0545 Fax: (817) 459-6669 AUSTIN KEGLER John Webb Patrick Murphy 0muunity Development Director Environmental Planner City of Keller 301 W. Second St. 158 S. Main Street Development Asst. Oenter, 1st Floor Keller, Tx. 76248 Austin, Tx. 78701 Phone: (817) 431-1519 Phone: (512) 499-2276 Fax: (817) 431-5867 Fax: (512) 499-2709 BEDFURD SOUTEffAm Greg Last Danny Moss Oatmmity Development Director Building Official City of Southlake City of Bedford 667 N. Carroll Ave. 2000 Forest Ridge Drive Southlake, Tx. 76092 Bedford, Tx. 76021 Phone: (817) 481-5581 Ext. 744 Phone: (817) 952-2140 Fax: (817) 488-5097 Fax: (817) 952-2210 TAE WOODLANDS COLLEYVILtIE Jim Wendt Doug Henderson 2201 Timberloch Place Omnunity Development Director The Woodlands, Tx. 77380 City of Oolleyville Phone: (713) 377-6481 5400 Branford Road Oolleyville, Tx. 76034 Fax: (713) 377-6363 Phone: (817) 281-4044 TROPHY CLUB Fax: (817) 581-2191 Pauline Shaw 100 Municipal Drive DALLAS Trophy Club, Tx. 76262 Ray Couch Phone: (817) 430-1911 Dept. of Planning & Development Fax: (817) 491-9312 1500 Marilla St. RM 5B-North WESTLARE Dallas, Tx. 75201 Scot Bradley Phone: (214) 670-4133 Mayor Fax: (214) 670-5755 5215 N. O'Oonmr Blvd. #300 Irving, Tx. 75039 DENTCN Phone: (214) 869-1105 G. Owen Yost Fax: (214) 869-0803 Urban Planner City of Denton WEST UNIVERSM PLAICE 215 E. McKinney Neslihan Tesm Denton, Tx. 76201 Urban Forester Phone: (817) 566-8350 Dept. of Public Works Fax: (817) 566-8236 3800 University Blvd. Houston, Tx. 77005 FLOWER M7@ID Phone: (713) 662-5893 Mel Rapp Fax: (713) 662-5804 Parks & Recreation Director city of Flower mound 2121 cross Timbers Raod Flower Mound, Tx. 75028 Phone: (214) 539-1733 Fax: (214) 539-4266 APPENDIX 'D' TREE EXHIBIT C DEN oPY G R.1T I o ►.L fi 00T Zo` To ou-reQt-koS'T pR1P LM e �T RUKK I -0NE So' Rb-.P%US Vor, coNGEtiTRIG CIRCLt5 I CRITICAL ROOT ZONE: The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the dripline. DRIP LINE: A vertical line run through the outermost portion of the canopy of a tree and extending to the ground. -17- m s 9, 3 w Cl a tu 3 0 J J J Q 0 i ).11 x bi M branch No Yes bark ridge t � l t t l collar When removing a branch, always cut outside the branch bark ridge and collar. Do not make a flush cut h' -ham. Trees may have codomfnant stems, as shown on the left. If a codominant stem must be removed, cut at an angle outside of the bark ridge as shown in the insert at right. Avoid leaving any stub. I Branches that do not have a distinct collar should be cut at a right angle to the branch outside the branch bark ridge. 0 ; 2 remove limb collar 1 under cut 3 cut stub outside of collar When removing heavy limbs, first make an undercut several inches outside of the collar. Then remove limb by a second cut an inch or so outside of the first cut. Remove stub with a third cut just outside of the collar. (Feucht, 1985) PRUNING EXHIBIT T-1 TREE PRESERVATION DETAIL - NOT TO SCALE Sheet No. I APPENDIX 'A' TREE SUMMARY The following is a summary of representative trees for each category of tree. QUALITY TREES Common Name Botanical Name Identification Notes Pecan Cedar Elm Shumard Red Oak Texas Red Oak Live Oak Bur Oak Post Oak Black Jack Oak Lacebark Elm Chinese Pistache Sweetgum Austrian Pine Chinquapin Oak Southern Magnolia Bald Cypress Caddo Maple Texas Hickory Common Name Cottonwood IL Kesquite American Elm Slash Pine Honeylocust Japanese Black Pine Western Soapberry Red Cedar Deodar Cedar Carya illinoensis Ulmus crassifolia Quercus shumardii Quercus texana Quercus virginiana Quercus macrocarpa Quercus stellata Quercus marilandica Ulmus parvifolia Pistacia chinensis Liquidambar styraciflua Pinus nigra Quercus muhlenbergii Magnolia grandiflora Taxodium distichum Acer barbatum 'Caddo' Carya texana MARGINAL TREES Botanical Name Populus deltoides Prosopis glandulosa Ulmus americana Pinus elliotti Gleditsia triacanthos Pinus thunbergii Sapindus drummondii Juniperus virginiana Cedrus deodara Pecan fruit, compound leaves Deciduous, 1"-2" dark green leaves Deep pointed lobes in leaves Vertical multi -trunk shape 1 1/2" dark green pointed leaves Large acorn, leaf border at end Deep lobes, rounded tip on leaf Leathery 3"-7" leaf, no lobes Small dark serrated green leaves 311 sickle leaflets, fall color Star shaped leaf Two needles Oblong 411-6" serrated leaf Large evergreen Leaf, white flower Feather -like foliage, fall color Five -lobed leaf Five leaflets, 111-211 nut Identification Notes Deep fissures in bark, heart shape leaf Lacy open foliage, 10" bean fruit 'V' shaped main branching Tall cylindrical shape Lacy foliage, thornless variety only Twisted growth, dark green needles 18" compound leaf, 1/2" clear fruit Native, pyramidal shape Large pyramidal evergreen OTHER TREES OF CONCERN Although the following trees do not typically obtain the protected 8" size, the City would like to recommend that protective care also be considered for these trees: Common Name Redbud Mexican Plum Possumhaw Holly Golden Raintree Yaupon Holly Cherry Laurel River Birch Eves Necklace Botanical Name Cercis canadensis Prunis mexicana Ilex decidua Koelrutaria paniculata Ilex vomitoria Prunus caroliniana Betula nigra Sophora affinis -14- Identification Notes Purple/white flower in spring White flower, exfoliating bark, thorns Showy orange/red fruit, deciduous Yellow flower, panicled fruit Evergreen, light bark, red fruit Glossy evergreen foliage, shrubby White flaky bark Dull green tear -dropped shape leaf 05/06/93 EXHIBIT 'B' CITY OF SOUTHLAKE 41 TREE -REMOVAL PERMIT APPLICATION DEVELOPMENT NAME: LOT: BLOCK:. STREET ADDRESS: OWNER CONTRACTOR/BUILDER NAME: ADDRESS: PHONE: I hereby certify that this application meets the requirements of the Tree Preservation Ordinance and further certify that all construction pertaining to this project shall meet the requirements of the Tree Preservation Ordinance. Signed: Title: Date: For City Use Only: I hereby acknowledge receipt of this application and the application fee in the amount of $ on this the day of 19 Signed: Title: ************************************************************************************** Shown Not GENERAL INFORMATION On Plan Applic. Appropriate title (i.e. Tree Removal Permit Exhibit) Title block includes street address, lot and block, subdivision name Title includes City and date of preparation North arrow, graphic and written scale in close proximity Name, address and phone of owner Name, address and phone of person preparing the exhibit Location of tree(s) to be removed is tied down with dimensions from two nearest property lines Location of all R.O.W. lines and public easements Location of buildings, structures, pools and other improvements Areas of cut/fill and flow lines Caliper and common name of tree(s) to be removed Any required replacement tree (s) shown with caliper size and common name of tree Limits of construction line shown Reason Tree Must be Removed: Permit for tree removal approved the day of 19 By: Title: Notes: -15- O =0b2b Sty a K pyhc� ptit a ; l W.~oiH�pNii kW Z Q O n F z aWOtW W Wj� O pq �' �• Q w yW� Ct WUO Watt; W� to < f• t: F F y� . I tl W tl w K tl 2N�tiWNWW�t tl 0 TREE LISTING The Dominion 2 10" oak * 46 10" oak * 90 9" oak * 3 7" oak * 47 10" oak * 91 8" oak * 4 9" oak * 48 11" oak * 92 7" oak * 5 19" oak * 49 8" oak * 93 7" oak * 6 7" oak * 50 9" oak 94 7" oak * 8 9" oak * 52 6" oak 95 10" oak 9 19" oak * 53 2- 8" oaks 96 2- 7" oaks 10 11" oak * 54 10" oak 97 8" oaks 11 16" oak * 55 9" oak 98 7" oak 12 18" oak * 56 17" elm 99 11" oak 13 20" oak * 57 18" elm 100 10" oak 14 2- 16" oaks * 58 13" elm 101 11" oak 15 2- 14" oaks * 59 17" elm 102 13" oak 16 14" oak * 60 9" elm 103 7" oak 17 11" oak * 61 10" elm 104 10" oak 18 14" oak * 62 8" elm 105 9" oak 19 11" oak * 63 2- 6" oaks 106 2- 9" oaks 20 ll" oak * 64 10" oak 107 9" oak 21 26" oak * 65 6" oak 108 10" oak 22 12" oak * 66 8" oak 109 2- 10" oaks 23 15" oak * 67 7" oak 110 7" oak 24 25 14" oak * ll" oak * 68 69 7" oak 2- 10" oaks 111 112 8" oak 7" oak 26 4" hackberry * 70 10" oaks 113 2- 8" locusts 27 15" oak * 71 16" oak 114 8" oak 28 2- 19" oaks * 72 7" oak 115 11" cedar 29 10" elm * 73 6" oak 116 10" oak 30 2- 7" oaks * 74 6" oak 117 12" oak 31 8" oak * 75 8" oak 118 13" oak 32 2- 9" oak * 76 9" oak 119 13" oak 33 8" oak * 77 8" oak 120 10" elm 34 8" oak * 78 2- 10" oaks 121 11" elm 35 2- 6" oaks * 79 2- 8" oaks 122 28" oak * 36 13" elm * 80 2- 7" oaks 128 7" oak 37 7" oak * 81 13" oaks 129 28" oak * 38 17" oak * 82 9" oak 130 10" oak * 39 7" elm * 83 11" oak 131 8" oak 40 13" elm * 84 2- 9" oaks 132 8" oak 41 2- 6".oaks 85 11" oak * 133 2- 8" oaks 42 7" oak 86 11" oak * 134 7" oak 43 9" oak 87 7" oak * 135 7" oak 44 8" oak * 88 8" oak * 136 10" oak 45 2- 7" oaks * 89 11" oak * 137 10" oak * - denotes tree to remain APPENDIX 'F' EXAMPLE BUILDER SITE.PLAN ,o REPLACE MMNT Tg.cc � + 4110 * I Z" POST OkK "T O f3 E RE moveo PRESEQ�/ED TREE 13`( PEfrA17 + T�(PIGAL RequEsT s � w IS a�r� \ �+ LEG D + Txees To sr w m MOVED0. ° ` --ki - a EXISTING 'TkEE To RE1"IRIN o_ PRoPos e o I HOUsE = REpLpcCEMENT ( B 4" LIVE 1 ti"P.FD > OPcK 1 O A a 3 SI DEW OILY S'TKEET TREE REMOVAL PERMIT REQUEST 2143 OAK ST., SOUTHLAKE-4/18/93 -19- TREES TREES TO 'Be lRemoveo PREPARED BY OWNER: MR. TREE SAVER 1913 SPRUCE ST. DALLAS, TX. 70418 PH. 214/240-2108 TREE PRESERVATION ORDINANCE SUMMARY FOR BUILDERS 4/27/94 Tree Preservation Ordinance�No. 585 was approved by City Council on June 15, 1993. This summary is provided to assist all builders in understanding the regulations but it is highly recommended that all builders purchase and thoroughly understand this ordinance prior to removing trees from a property. PROTECTED TREES - Not all trees are protected by this ordinance. Only those trees which are 8" in diameter (25" circumference) at 4.5' above the ground and are noted in the "Quality Tree" category. Additionally 8" trees noted as "Marginal Trees" may be protected if determined by the Landscape Administrator to have "unique individual characteristics". CRITICAL ROOT ZONE - The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the dripline (see Appendix `D' attached). PROHIBITED ACTIVITIES • Removing a protected tree prior to issuance of a building permit or a tree removal permit. • Storage of construction materials, excavation or demolition materials within the critical root zone of a protected tree. • Equipment Cleaning/Liquid Disposal - No equipment may be cleaned (paint sprayers, etc.) or liquids deposited (oil, paint, solvents, concrete, mortar, etc.) within the critical root zone of a protected tree. • Tree Attachments: No signs, wires or similar may be attached to a protected tree. • Vehicular Traffic: No vehicular or construction equipment traffic or parking shall take place within the critical root zone. • Grade Changes: No grade changes in excess of 4" (cut or fill) shall be allowed within the limits of the critical root zone. • Impervious Paving: No paving with asphalt, concrete or other impervious material in a manner which may reasonably be expected to kill a tree shall be placed within the critical root zone except as allowed in this ordinance. • Removal of any trees prior to issuance of a building permit. TREE REMOVAL ALLOWED - Once a building permit has been issued, protected trees which are within the driveway, sidewalk, pool/deck and within 12' of the foundation may be removed. TREE REMOVAL PERMIT REQUIRED - In order to remove any other protected tree an application must be submitted to the Building Inspections Division for approval. VIOLATIONS - Every protected tree removed in violation of this ordinance is a separate incident subject to a fine of $500 per tree. Attachments: Appendix `A' - Tree Summary Appendix `B' - Tree Removal Permit Application Appendix `D' - Tree Exhibit Showing Critical Root Zone Appendix `F' - Example Plan for Permit Application CAORMTREMB UILDER.SUM City of Southlake, Texas MEMORANDUM July 15, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-70 City Initiated Rezoning/Ordinance No. 480-136 REQUESTED ACTION: Rezoning for 9.836 acres, being three (3) tracts of land out of the R.P. Estes Subdivision situated in the T.W. Mann Survey, Abstract No. 1107 LOCATION: East side of Sam School Road approximately 800' North of West Dove Road APPLICANT: City of Southlake CURRENT ZONING: "I-1" Light Industrial District REQUESTED ZONING: "AG" Agricultural LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Nine (9) RESPONSES: No written responses received P & Z ACTION: July 7, 1994; Approved (7-0) STAFF COMMENTS: The City is seeking to rezone this property to "AG" rather than commercial or residential due to its close proximity to the MTP-IBM joint venture developments. IBM is currently the sole owner of the subject property. No industrial use or structure is established on this property. KPG/bls SF- i All m � �, .� .. �cr cc U ~ / " U m Q C ' � Q U .. Q m " � v W .� _0 Q m l U m c N C rn ' �►' r, -� O N �J cu G co ru 2 N Q 1� ' Q Q M \ ., a. Q In W v u1 � i I LO 'D N L =J • ' Q Q cn cn W za -7 m N a z 0 Z Zwo O �5; ��N'sv - 4-;;- 0 N U m m �� W Q m Q a � ., Q cu � �, � I I v a ut-. I N Q 01 MI� Nmm 08-100H3S WVS in m C C m , m m , Q ¢N�Q • d QN cn QN a1 g S I -ma _ �m rn 1-7 co F �- 22 ! Q f- t` m lt7 Q <L) a In ^ na V osz •) n a .•. n v .-� � U I ao� olz -. S r t\ mu mU ¢gym va¢: v d < �X7 V 3 v a pxx m ^ I (\ m V o ^ i O Im CITY OF-SOLLTHLAKE, TEXAS ORDINANCE NO.480-136 i AN ORDINANCE AMENDING ORDINCE NO. 480, AS LADED, THE COMPREHENSIVE ZO G ORDINANCE OF HE CITY OF SOUTHLAKE, TEXAS; RANTING A ZONING CHANGE ON CERTAIN TRACT OR TRACTS OF WITHIN THE CITY OF SOUTHLA . TEXAS CONSTSTIMCf. SUBJECT TO THE ; PRESER INANCE; ] CHANGEg ANDI THAT THIS ORI ORDINANCES; PROVIDING FO: PROVIDING A PUBLICATION PROVIDING AN INAN E SHALL BE CU"TTIVE OF ALL PDING A SEVERABIL Y CLAUSE; PENALTY FOR VIOLATIONS HEREO , SAV NGS CLAUSE; PROVIDING__ R IN T OFFICIAL NEWSPAPE ,AND EFFE TIVE DATE. HEREAS, the City of Southl e, Texas is me rule City acting under its Charter adopted by a electorate pursuant to Artic ction 5 of the Texas Constitution and Chapter 9 of the Texas Lo overnme an 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[�y€ghtiu under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the c:\ORD\7ANING\480-i3 Page 1 facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: cwRMZONI rcwao-►w Page 2 SF- and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court GAORDMNINQ480-136 Page 3 IMP 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 , 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. GAORDMNING4480436 Page 4 6F- 7 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: G:ORMZONING\480-136 Page 5 EXHIBIT "All Tract 1.: BEGINNING at an Iron pin it tier SouthcnsC corner of said Tract 4; THENCE N. 68' - 54' - 16" W. 496.15 feet along the South line of said Tract 4 to an iron pin in some. said point being the Southeast corner of a tract described in a deed to Norman L. and Mary Franks. of record In Volume 6227, Page 2268. Deed Records. Tarrant County. Texasl THENCE N. 0' - 02' - 43" U. 186.0 feet along the fast line of the last referenced tract to an iron pin at the Northeast corner of same; THENCE N. 88' - 55' - 20" W. 239.90 feet along the North line of the last referenced tract to an iron pin at the Northwest corner of same; THENCE S. 0' - 02' - 43" E. along the West line of tht lest referenced tract 85.93 feet to an iron pin in semep said point being the Northeast corner of a tract described'in a deed to Billy J. and Linda Nelson. of record in Volume 8227. Page 2279. Deed Records. Tarrant County. Texas; THENCE N. 88' - 54' - 16" W. 399.89 feet along the North line of the last referenced tract to an iron plot at the Northwest corner of some; THENCE S. 0' - 02' - 43" E. along the West line of the last referenced tract 100.0 feet to an iron pin it the Southwest corner of some In the South line of Tract 4. above referenced: THENCE H. 88' - 54' - 16" W. 169.73 feet to an iron pin at the Southwest corner of sold Tract 4. In the apparent East R.O.W. line of Peytonvitle San School Road; THENCE North 328.73 feet along said R.O.W. line to an iron pin in some for corner; THENCE S. 88' - 55' - l9" E. along the North line of said Tract 4. 1299.96 feet to an iron pin at the Northeast corner of sane: THENCE S. 0' - 59' - 31" E. 329.29 feet along the East line of said Tract 4. to the POINT OF BEGINNING and containing 7.694 acres. Tract 2: BEGINNING at an iron pin In the Suutit line of sold Tract 4. said point being N. 88' - 54' - 16" W. 496.15 feet from the Southeast corner of said Tract 4: THENCE H. 88' - 54' - 16" W. 239.90 feet along said South line to an iron pin in some for corner; THENCE H. 0' - 02' - 43" W. 185.93 feet to an iron pin for corner; THENCE S. 88' - 55' - 20" E. 239.90 feet to eh iron' pin for corner: THENCE S. 0' - 02' - 43" E. 186.0 feet to the POINT OF BEGINNING and containing 1.024 acres. WDRfTZONWG14W136 Q Q Page V�— O Im EXHIBIT "A" Tract 3. BEGINNING of an iru" pin in the South 11ne of said Tract 4. sold point being S. 88' - 54' - 16" E. 169.73 feet from the Southwest corner of said Tract 4; THENCE N. 0' --AV - 43" W. 100.0 feet to an iron pia for cornerl THENCE S. 88' - 54' - 16" E. 399.89 feet to an iron pin for corner in the West Line of the tract described In•a deed to Norman L. and Nary Franks of record in Volume 8227. Page 2268. Deed Records. Tarrant County. Texas: THENCE S. 0' - 02' - 43" E. 100.0 feet along said West line to an iron pin at the Southwest corner of the last referenced tract in the South line of said Tract 41 THENCE H. 88' - 54' - 16" W. 399.89 feet along the South line of said Tract 4 to the POINT OF BEGINNING and containing 0.916 acres. GAORMONRJGW80-136 Page 7 _ i� City of Southlake, Texas MEMORANDUM July 15, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-69 City Initiated Rezoning/Ordinance 480-135 REQUESTED ACTION: Rezoning for a 4.7 acre tract of land and a 4.742 acre tract of land situated in the Jesse G. Allen Survey, Abstract No. 18 LOCATION: North side of Union Church (W. Continental Blvd.), approximately 600' West of Davis Blvd. APPLICANT: City of Southlake CURRENT ZONING: "I-V Light Industrial District REQUESTED ZONING: "SF-1A" Single -Family Residential District LAND USE CATEGORY: Low Density Residential/100 Year Flood Plain NO. NOTICES SENT: Fifteen (15) RESPONSES: Six written responses received within the 200' notification area: * Jerry Summy, Pastor of Northeast Baptist Church, 9009 Davis Blvd., Keller, in favor; would prefer houses rather than businesses to adjoin the church property. * William H. Lippincott, 820 N. Shady Oak Dr., opposed; requested explanation of why his property is being rezoned back to SF-1 A and for what reason does this need to be done? *Leslie Hughes, 8809 Davis Blvd., Keller, opposed; said that new single-family residents will complain about the existing businesses in the area. * Mark Stanfield, H&S Properties, 8809 Davis Blvd., Keller, opposed; for the same reasons as Leslie Hughes. * Morris & Billie Farmer, 684 Davis Blvd. in favor. * Opal White, 900 Davis Blvd. in favor. Three written responses received outside the 200' notification area: * A.W. & June Haney, 400 Brock, in favor. * Perry & Vera Vargas, 209 Brock, in favor. * B.J. and Mary Couch, 2535 Union Church, in favor. gf-_1 City of Southlake, Texas One verbal response received (owner within 200' notification area): * Thomas Poteet, 6700 McCoy Dr., Ft. Worth, opposed. P & Z ACTION: July 7, 1994; Approved (7-0) STAFF COMMENTS: The City is seeking to rezone this property to insure compliance with its Land Use Plan. There is no established industrial use or industrial structure on this land. KPG/bls G:\wPF\MEM0\CASES\9469-7_W PD W� -OiAT&MriyiIA\■ •,�t � att � 9UL � � I � (� �V 9z' L OOt — isc — -- — — — — 6T6 OS_I1-1088JO — — —— -- Lob OSI_d3-7-19N -8MI-=W-:74------------------ On�9 {� ixoc ./ • — Kt U U a '7 i9t i9a Q Q Q f toT CC .. Q cocc U Q n Q Q Q � (�S� U_ V� a Ot°m a j Ncn _ U ^\ `_ a _ N N< IL Q O Q CZ)N s � N Q .� �' 1- cu Vim. N •a " g m N fn t N cu = wi '' n ca a) O :A O � E L U to Z I co Ul I Z N m/ (T) W = (� m U to O ¢ N F-- I o Q V c a) Cl) w a O 4) _ Y uu s � °' � cc L � o i � Z C7 ca a C w i� OZ a� m F- O co o '- - < l Z N LU vZ to I �a o j Uewde43 • V a w. Q c •°- Uafifie8 •3 - c tDQ ------ coafi6e8 •Q , _I � �m CITY OF SO NO.480-13 AN ORDINANCE AMENDING ORDINANCE NO. 480, ASS ANfiKN'DED, THE COMPREHENSIVE ZONING ORDINANCE OF YAE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WH AS, the City of Sou e, Texas is a home rule City acting under its Charter adopted by the efbgtQEate purs o 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 ltstt under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the C:\ORMONING1480-135 Page l F F--,5- facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: G 10RDNZONING480-135 Page 2 f Ben acre tract of land andV acre tract of landsituated in the N and more full and completel described in Exhibit Y attached hereto and inco-rporated herein, from to 0 Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court G.V)RDMNINGW80-135 Page 3 � -7 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 , 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY GAORMONIIJO\480-135 Page 4 -5e'v APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: GAM MNMW80-l35 Page 5 im EXHIBIT "A" TRACT A 7EING a tract of land out of the JESSE G. ALLEN SURVEY. Tarrant County. Texas, bring described as follows# BEGINNING at an iron pin in the South tine of the Jesse G. Allen Survey. said point being 573.8 feet West of the Southeast corner of said survey and in the North R.O.N. line of County Road No. 40991 THENCE Hest along said R.O.W. tine 465.5 feet* to an iron pin for corners 711ENCE North 0 degrees 34 minutes East along fence'line 44Q.0 feet to an iron pin for corners THENCE East along fence line 465.5 feet to an iron pin for corners MIEHCE Soutt 0 degrees 34 minutes West 440.0 feet to the place of OEGIt:NINC. and CONTAINING 4.7 acres of land. BEING 4.74 acres of land out of the JESS7E G. AUM SURVEY. Abstract No. l8 -dn- Tarrant County, Texas, and described by notes and bounds as follows, BOGItLNG. at an iron pin 440.0 feet North and 728.0 feet West from the Southeast corner of said Jessie G. Allen Survey. said point being in the South'llne of'that certain tract conveyed to H. P. White by deed recorded in Voluaa 1850;,Page'Pd2. Deed Records of Tarrant County, Texas: THENCE North 89 degrees-30 minutes West. along fenoe line and South line of lease tract. 486.20 feet to iron pin for corner; THENCE North 00 degrees-06 minutes-58 seconds West. 448.26 feet to iron pin -for - corners TiE X South 89 degrees-35 minutes-03 seconds East. 317.23 feet to an iron:piin.. for corner. THENCZ South 01 degrees-51 minutes-11 seconds West. 125.21 feet to .an -iron girt for corners THENCE South 89 degrees-23 minutes-12 seconds East. 234.69 feet to an'iron pih for corner;) TFR21C.'E South 10 degrees-44 minutes-36 seconds West. 328.21 feet to the PO6&-QF BDGINNING and containing 4.742 acres of land. anus Page 6 �F'IV J UL- L b-J4 M 5 ; Ly UHKKULL 16U MA NIJ. 4L 1 Ub l U r. uG CARROLL INDEPENDENT SCHOOL DISTRICT 1201 N. CARROLL AVENUE . SOUTHLAKE. TEXAS 76092 WILLIAM R. BRANUM SUPERINTENDENT MICHAEL MURPHY ASSISTANT SUPERINTENDENT/CURRICULUM " cart of t& Cj'ofcferc 7rr'a,rgfi„ June 17,1994 Mayor Gary Fickes and Council Members City of Southlake 667 No. Carroll Ave. Southlake, TX 76092 Dear Mayor Fickes and Council Members: (817).481-6775 S7CVE JOHNSON EXECUTIVE DIRECTOROFSPECIALSERVICES KAREN HOUSE OIRECTOR OR FwANCIAL SOMCES It has recently been called to my attention that, originally, a road was planned to be developed under the Sandlin Estates Plat to extend through property owned by Carroll Independent School District for the purposes of developing an elementary and intermediate school. A portion of this property is also earmarked for school/community joint utilization regarding soccer practice fields, etc. I respectfully request that you understand we were not involved in the original decision -making process. Furthermore, we do not plan to build a road through our property on Shady Oaks. I request that you delete the stub out as originally projected. It is essential that we have the entire 30 acres to utilize for educational and joint - use purposes. Thank you very much for your attention to this request. Please let me know if I need to do anything further in this regard. Sincerely, -; V 4/1 &� 4 /d William R. Branum $ Q—A rn nOLL INDEPENDENT SCHOOL DISTRICT 1201 N. CARROLL AVENUE IFIR 13 1994 F ft(25[�-m- 1 U WILLIAM R. BRANUM SUPERINTENDENT MICHAEL MURPHY ASSISTANT SUPERINTENDENT/CURRICULUM July 11, 1994 • SOUTH LAKE, TEXAS 76092 • (817) 481-5775 „Heart Of the Gof&n ` riangfe„ City of Southlake Attention: Planning & Zoning 667 North Carroll Avenue Southlake, TX 76092 Dear Members: STEVEJOHNSON EXECUTIVE DIRECTOR OF SPECIAL SERVICES KAREN HOUSE DIRECTOR OF FINANCIAL SERVICES RE: Variance Request Carroll Independent School District would like to request that all buffer yard (City Ordinance No. 480-M) and interior landscaping (City Ordinance No. 544) requirements be waived. The school district would provide an adequate amount of landscaping to soften the appearance of the building and site. It is the district's desire to provide a professionally landscaped environment for the children. We appreciate your consideration of this variance and will be glad to address any concerns you may have in regard to this matter. Sincerely, Z!Le 0"Lz�AA--.1 Bill Branum IN RECEIVED To: The His Honor Mayor C=ickes and the members of the City Council, m 614 1994 Southlake. CITY SECRETARY From: Members of the OAK HILL ESTATES Homeowners Association, and residents of that neighborhood. Re: West Chapel Downs Dr. and the possible extension of that road Sl.� westward to Shady Oaks Dr. Ladies and Gentlemen: As residents of Oak Hill Estates we are concerned about the possibility of the extension of W. Chapel Downs through our neighborhood and on to Shady Oaks Dr. to the west. We are opposed to any extension of this road for the following reasons: I . This extension is unnecessary, considering the expansion of Southlake Blvd., a 5 lane road less than a mile away. 2. It is dangerous, given the nature of our neighborhood. We are a small neighborhood with families, children on bicycles and baby strollers. A secondary thoroughfare here would unsafe for all. 3. As W. Chapel Downs passes our homes it rises sharply, and a setting afternoon sun virtually eliminates the possibility of a driver seeing all possible hazards ahead. 4. The construction of a new school near the end or W. Chapel Downs would significant increase traffic through our neighborhood. S. W. Chapel Downs, as a straight through street, would be an open invitation to high-speed drivers realizing that police do not often patrol secondary roads. 6. City Council agreed last year to a modification of the thoroughfare plan (calling for W. Chapel Downs to turn before it reached Shady Oaks) which address these concerns. Many residents bought homes here with the understanding that that change was permanent. We, the undersigned, respectfully request that the City Council take steps to insure that Thoroughfare plan for the City of Southlake be modified permanently to indicate that W. Chapel Downs will not be a "secondary thoroughfare." We request that no action be taken to cause the extension of this road to Shady Oaks. Larry K. Abernathy, Secretary, Oak Hill Estates Homeowners Association 640 Truelove Tr. Southlake, TX 488-3759 Name Address -------------------------------------------------------------------------------------------------------------------------- I�%TG �tt � ��t.•- . S C � r e. +1 e.� i � h e , � City of Southlake, Texas MEMORANDUM July 15 , 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-68 Rezoning and Concept Plan/Carroll ISD/Ordinance No. 480-134 REQUESTED ACTION: Rezoning and Concept Plan for a 30.4315 acre tract of land situated in the T.M. Hood Survey, Abstract No. 706, Tract 9B LOCATION: East side of Shady Oaks Dr., South of W. Highland St. OWNER/APPLICANT: Carroll Independent School District CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "CS" Community Service District LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Fourteen (14) RESPONSES: Four written responses received: * Robin Jones, SPIN Representative Area #11, opposed; expressed traffic and safety concerns for children going to and from school on Shady Oaks Dr. Unless sidewalks are provided, this request will be vehemently opposed. * Carita A. Weaver, opposed; wants sidewalks provided for the children's safety. * Kathryn M. Marckesano, 705 Kleberg Ct., opposed; has safety concerns for children, wants to see safe walkways for students. * Gary Fawks, 330 Ravenaux, opposed; the current poor condition of roads leading to schools needs to be addressed before more schools are so badly planned. P & Z ACTION: July 7, 1994; Approved (7-0) subject to the Plan Review Summary dated July 1, 1994, eliminating item #10 requiring the continuation of Chapel Downs Drive; and address site limitations due to grade differential at south bus lane; no lights on fields; and work with city on traffic/road improvements and sidewalks along frontage. STAFF COMMENTS: Note the staff recommendation (item No. 2) concerning the number of driveways onto Shady Oaks Drive. ?D ----1 City of Southlake, Texas I The applicant has met all review comments of the first Plan Review Summary dated July 1, 1994 with the exception of those items addressed in the attached second Plan Review Summary dated July 15, 1994. This site is the proposed location of the new combined elementary and intermediate school. G:\WPF\MEMO\CASES\94-68-ZC.WPD �i rS --7ATai r ►1i IA\ _ IN J. Clow J. Clow HIGHLAND SThEET TR BA1 51 AC TR 8A4A'i TR 8A5 .69 0 TR S I All Surrounding Properties are Zoned "AG" with the exception of the B. Yetman property which is zoned "SF -IA". 3 TR 8A9 1.39 0 I 14.4 AC) 1.5 AC _I J. Ramsey "SF -IA" B. Goodson TR B. Yetman 2. TR 8A2 AC 1.5 AC ' 3' 2.54AC ». G. Davidson TR 8A9 9 .73 E TR 8A1 :! B. Runyan I T.H. Kasper ( y 1 I I J. Clow I p TR 3 .0 AC .J H EY Y10 m N C7 Q A. Johnson 4R 11A3 .5 AC 1 U *TR 11ff H. Scherer TR 9F Mike Sandlin Homes-10 Wendyand Steve S. Skelton. flobinson •- C. Austin TR IIA2 1.0 AC TR 9E ) / TR 9 t 20 t \ », 9.65 AC 85 84_ B3 ADJACENT OWNERS 27 C TI s,i. 82 to LLANO CT = T' AND ZONING m6 G VIA— 1 x B A 686 k;;�'5 4.63 AC I 2s 2: I. 78 79 80 81 r)D 974 @) City of Soutthlake, Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 94-68 REVIEW NO: TWO DATE OF REVIEW: 07/15/94 PROJECT NAME: Concept Plan for "CS" Zoning Request (New Elementary and Intermediate Schools), being 30.4315 acres situated in the T. M. Hood Survey, Abstract No. 706, Tract 9B OWNER/APPLICANT: Carroll Independent School District 1201 N. Carroll Avenue Southlake, Texas 76092 PHONE: (817) 481-5775 FAX: ENGINEER/PLANNER/ARCHITECT: Vestal. Loftis. Kalista Architects 1161 Corporate Drive West, Suite 300 Arlington, Texas 76006 PHONE: FAX: CITY STAFF HAS RECEIVED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 07/11/94.AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817) 481-5581, EXT. 743. 1. Note that although the applicant has shown the bufferyards on the plan, they are requesting a waiver of all bufferyards and interior landscape requirements. Provide the following table showing required bufferyard planting calculations: REOUIRED MT XYARDS Canopy Accent Required Provided Trees Trees Shrubs North-985' 10'-C 10'-C 30 39 118 East-1326' 10'-B 10'-B 27 40 133 South-1006' 10'-B 10'-B 20 30 101 West-1217' None None - - - 2. Staff recommends that the site be limited to three (3) drive entrances onto Shady Oaks Drive: leaving the southernmost drive, tying the westernmost parking aisle North and South into the parent loop, and accessing the athletic field parking from the northern emergency access. 3. The Council approval of Sandlin Estates (South of this property) required a R.O.W. reservation stubbed North into this property. The thoroughfare plan would require the continuation of Chapel Downs West through this site to Shady Oaks. * The "CS" zoning district requires that eighty percent (80%) of all exterior walls be constructed of a masonry product or glass. $D--5 City of Southlake, Texas * Adequacy of parking will be determined upon submittal -of the site plan and will be. based on the square footage by use (i.e. number of classrooms and total seating capacity for all areas of assembly). Note that all parking areas shall be constructed of a dustfree, all weather surface material.. * The applicant should be aware that prior to issuance of a building permit, a site plan, landscape plan, and irrigation plan along with the building plans must be submitted for approval. * All signs and culverts must be permitted separately. * Although not required by ordinance, staff would appreciate placing "Case No. 94-68" in the lower right comer for ease of reference. * Denotes Informational Comment Carroll Independent School District VLK Architects Iq 14 00C OWV VOM WP0 OIVJO oO,04 I'm A1W Il - 8311OV MI'v6 opo*pw p opvpw4 uwo,wjogwm • sVX31'A1Nr1OO iNVUUVI 11 !!! e 810 e>�yo�e/B;slis>t•sluol•un le;sen 3XV RLI' s do AM g itl 1s3r13311 801:10d NVId U3O1,1OO `i HIP'. ON I l„ ?F„iiln�!FI I ( w e it J -••� �•. � t r d / L \ ',1 ♦ Il.4ti i�A. o uN- ; (M -J- OSvAs3!lpfl .oI l3D ® -7 9000L . . ootqmwm-M "WOOD gm �3�6�14�/g�s0�l smoi Ig3 Im IM 9D- g I ./ N CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-134 AN ORDINANCE AMENDING ORDINANCE NO. 4 AMENDED, THE COMPREHENSIVE ZONING ORDIN ;HE CITY OF SOUTHLAKE, TEXAS; G A Z GE ON A CERTAIN TRACT OR T TS OF WI THE CITY OF SOUTHLAKE. TE S BEING MORE 11 A 11 T.1" TO ..� SUBJECT TO THE SPECIFIC UIREME S CONTAINED IN THIS ORDINANCE; C CT G THE OFFICIAL ZONING MAP; PRESERVING AL O R PORTIONS OF THE ZONING ORDINANCE; DETE G THAT THE' PUBLIC INTEREST, MORALS AND GE WELFARE DEMAND THE ZONING CHANGES AND NTS HEREIN MADE; PROVIDING THAT THIS O INANCE SHALL BE CUMULATIVE OF ALL ORDINANCE , PROVIDING A SEVERABILTTY CLAUSE; PROVIDING OR A PENALTY FOR VIOLATIONS HEREOF; PROVIDIN A SAVINGS CLAUSE; PROVIDING FOR PUBLIC ON IN THE OFFICIAL NEWSPAPER; AND PROVID G AN EFFECTIVE DATE. EREAS, he City of So xas is a home City acti under its Charter adopted by t rsuant to Articl7XL ection 5 of the Texas Constitution and Chapter 9 of the Texas Lo 1 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 "Ci" under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and GAORMONM 480-13a Page 1 damages; noise producing elements and glare of the vehicular and stationary lights and effect of such ' lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: GAORMONINGN480-134 Page 2 IN Being acre tract of land situated in the Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to GAORMZONINGW90-I34 Page 3 R N 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 , 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 0:\ORD\ZONING1480- t 34 Page 4 MAYOR ATTEST: day of , 1994. CITY SECRETARY pq APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: GAORMONINGW80434 Page 5 gD-1.3 :�a�e�rryyI IM USING a portion of The T. M. 11000 SURVEY, Abstract 0706, in •racrant County, TVKaS, and being Thal same_ -react of land conveyed to JOhn L. Clow by deed recorded in Volume: 3966, Page 107, Oced Records, Tarrant County, texas, dt•scribed by metes and bounds as follows; BEGINNING at the South base of an old calleoad tie fence corner, the Southeast corner of said glow tract. by deed call 111 feet North and 1650 fe•e•t dust from the Southeast corner of said stood Survey; Titemce west, generally with an old wice fence:, at' 982.2 feeT a 1/2 inch icon 0.5 feet. East and 0.4 feet South of an old rairoad tie• fence corner. in the East line- of Shady Oaks Road, in r'.11 100G.20 feet to a point in the ce•nt•ee of said road; 7t1ENCE North 00 degrees-53 minutes-33 seconds east, with said toad. L336.52 fe•et; TU MCE South 69 degrees-23 ml ut(-s-36 se-conds East,* at 24.0 feet" a 5/6 inch icon 1 fool Nt.rth of an oLu railroad t it- fence comet. Ln the Cant Llnt• of said road, coat inuing, generally with an old wire fence:, Le: all, 985.44 fret ro an old ealroetd 4-it- fence eoe;ne•r; 'tl VWX South, generally with ar, uLd Nice- fence, 1325.92 feet to the POINT OF OEGINNING and contzining 30.43LS acres of lard. i� G.'0RDVDMNGu90-134 Page 6 Owl' 9009L @§Xsl 'uOgk4J* OOC " "OM GAP() *19 tou O4W1MA P *YMWA UWWWAM Poqumu GYX31,Amno:o lmvuvvi, axylKLrm alo AM IMOM 90 HOJ HVId 1d3ONO3 ------ Mh R m .11N 'j-1 N v 1:11 1';;;!li s V 77' INN 61=Y b 0 % $3 .9C.U.SIFS .3. OSYAH3jjne ot I Zo 4 City of Southlake, Texas MEMORANDUM July 15, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-66 Rezoning Request/Ordinance No. 480-125 REQUESTED ACTION: LOCATION: OWNER/APPLICANT: CURRENT ZONING: REQUESTED ZONING: LAND USE CATEGORY: NO. NOTICES SENT: RESPONSES: P & Z ACTION: STAFF COMMENTS: KPG/bls G:\WPP\MEM0\CASES\94-66-Z W PD ///Reoningzfor a OZO 8cf tract of land situated in the A.A. Freeman Survey, Abstract No. 522 South of N. Peytonville Ave., West of SouthRidge Lakes Addition Fred R. Joyce "AG" Agricultural "SF-20A" Single -Family Residential District Medium Density Residential Seven (7) No written responses received July 7, 1994; Approved (7-0) The 30' strip will be purchased by Arvida and incorporated via a plat revision into SouthRidge Lakes Phase VII lots. It is West of SouthRidge Lakes, Phase VII. 5f - 1 THAT" M ►U I A\ TE .. T t93 S rl Ls >o ..• SS $ $�8 2 CRC 3 8 12 13 _ _ 9 10 11 a wz Aw 2a3 TR. 1 IC CROSS TIMBER OR 11 let I" too 164 Ie2 112 4 3. "SF-1 A" "SF-1 All IL 12 i 0 g « 8 z7 ^" 6 tt 5 1 H. Hoven G-Jones C. Pagel i t], l90 - 275 t21 I =131 1701 168 6 ..��� TR.281 �,e i3'C i AC I i r n� =.O 11RE11 B TR.2B4C TR.29a K. Ledbetter 12 1 Ac s 1.63 Ac Arvlda TR.2B5 Al 6.111 @ Southwind Partners 336 0 • TR. 2B2 TR285A 9.43 AC i TR.264E 249 @ _ 1.43 Ac City of Southlake "SF-20A" TR. 11Cc �" .5 AC zoo boo "RE" K. Ledbetter TR70 TR2B6 TR.2B .5 Ac .038@ 2.082 @ IA m soe soo z00 K. Ledbetter TR . 2C 10 I TR . i iC' O1.037 N @ 9 Ac z98 6/5 "AG" TR2C101A TR.2C1 4 .11gG' 11 076 @ TR.2C101 A8 4.49 Ac 1020 3.104 @ Fred Joyce Fred Joyce ,ez 6.9 111 100 lud ub 500 03 TR. 11A, 22.251 2R = ., 90 g q 95 • 91 92 93 ,)y • ADJACENT OWNERS 1B CONCh AND ZONING @ . ,� a zo.o o ~ 68 87 50 zzj 49 I TR.11A1. o° .58B @ 79 'ee 78 5p t ;;, zo.o � • � an �� ��85 '= IR Im EN CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-125 AN DINANCE AMENDING ORDINANCE NO. 480, AS AMEND ,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON CERTAIN TRACT OR TRACTS OF LAND WITHIN THE C Y OF SOUTHLAKE. TEXAS BEINGM MORE FULLY AND CO TELY DESCRIBED IN EXHIB "A" FROMr�n . TO ry SUBJECT TO THE SPECIFIC QUIREME S CONTAINED IN THIS ORDINANCE; CORREC G T OFFICIAL ZONING MAP; PRESERVING ALL OTHER TIONS OF THE ZONING ORDINANCE; DETERMINING T THE PUBLIC INTEREST, MORALS AND GENERAL ARE MAND THE ZONING CHANGES AND AMEND NTS HERE E; PROVIDING THAT THIS ORFAPENALTY E SHALL BE CU ATTVE OF ALL ORDINANCES; ING A SEVERAB ITY CLAUSE; PROVIDING FO FOR VIOLATI S HERE ; PROVIDING A SAVINGS CLAUSE; PRO FOR PUBLICAT N IN THE OFFICIAL NEWSP AND PROVID G AN EFFECTIVE DATE. EREA , the City of Southl adopted by torate pursu cle of the Texascal ovemment Code; and, Texas is a home rule City acting under its Charter XI, Section 5 of the Texas Constitution and Chapter 9 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.- under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and G:ORDMNNGWO.125 Page 1 S�—'4 damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: c: 0M\Z0NMG\4M.1zs Page 2 Being acre tract of land situated in the A"��....Tf and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from �. to'� "�._.... ,,.. ._ .t Dtct Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court GAORDVONINQ480.125 Page 3 Q 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 lst reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY G:\ORD\ZONINC\480.125 Page 4 <3c-? APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DA EFFECTIVE: GAORMON¢JG1480.125 Page 5 43c' s EXHIBIT "A" 04 M Being a 0.50 acre tract of land located in the A.A. Freeman Survey, Abstract 522, Southlake, Tarrant County, Texas, and being part of a tract of land recorded in Volume 4936, page 355, deed records of Tarrant County, Texas, which 0.50 acres of land is more particularly described as follows: Beginning at the Northeast corner of lot 1 of the A.A. Freeman No. 522 an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet 'A', Slide ##1461, Plat Records, Tarrant County, Texas; Thence South 00 degrees 09 minutes 05 seconds West for a distance of 729.70 feet to a point; Thence North 88 degrees 59 minutes 26 seconds East for a distance of 30 feet to a point; Thence North 00 degrees 09 minutes 05 seconds West for a distance of 729.70 feet to a point; Thence South 88 degrees 58 minutes 10 seconds West for a distance of 30 feet to the point of Beginning containing 0.50 acres. o.IJDRDVAX4V4G%M.125 Page 6 City of Southlake, Texas - MEMORANDUM July 15, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-60 Plat Revision/Greenlee Business Park REQUESTED ACTION: Plat Revision of Lot 6 and Lot 7, Block 1, Greenlee Business Park, Phase II, and 9.177 acres of land in the John A. Freeman Survey, Abstract No. 529, and Lot 5, Block 1, Greenlee Business Park, Phase I, and being revised to Lot 5R and Lot 8, Block 1, Greenlee Business Park, Phase I LOCATION: West of South Kimball Ave., North of East Continental Ave. OWNER: E.L.F.M. Inc. and Chris Lamon APPLICANT: Texas Baseball Center, David L. Thorne and Robert Walton, Agents CURRENT ZONING: "I-1" Light Industrial District LAND USE CATEGORY: Industrial NO. NOTICES SENT: Eight (8) RESPONSES: Two written response received inside the 200' notification area: * James F. Lunsford of South Kimball JV, in favor, he feels that the baseball facility will provide a good buffer between Residential and Industrial properties. * E-Systems Inc. Pool Trust, W.B. Strange III, Counsel, P.O. Box 660248 Dallas, in favor. One written response received outside the 200' notification area: * C.W. Hood, 1820 Rainbow St., opposed, does not want lights shining and late night noise. P & Z ACTION: June 9, 1994; Approved (5-0) Applicant's request to table and to continue the public hearing until June 23, 1994 due to incomplete notification to property owners within 200'. June 23, 1994; Approved (5-0) Applicant's request to table the request to the July 7, 1994 Planning and Zoning Meeting and continue the Public Hearing. M City of Southlake, Texas July 7, 1994; Approved (6-1) subject to the Plat Review Summary dated July 1, 1994. STAFF COMMENTS: The applicant has met all the review comments of the third Plat Review Summary dated July 1, 1994 with the exception of those items addressed in the attached fourth Plat Review Summary dated July 15, 1994. KPG/bls C A W PF \MEMO\94CASES\94-60. PR m Southlake J V "1-1 " v'529 N. Lemons A TR 681 8 AC Memo industrial Planning Inc. TR 6E TR 60 4.57 AC •3 AC AC TR 6G 2 AC 3C I 1 .14 AC TR 6H 2 AC TR 6K .684 AC TR 6K1 8 AC Pumpco Inc. "I-1 " n TR 6 8.882 AC 7 2.94 v �Zeb 01 rn 0 rr O 4 C) Sun Square Deviopment Inc. ADJACENT OWNERS AND ZONING TR 6F 4.07 AC 1 2 �R 1 3 I City of Southlake, Texas PLAT REVIEW SUMMARY Case No: ZA 94-60 Review No: Four Date of Review: 07/15/94 Project Name: Plat Revision - Lots 5R & 8. Greenlee Business Park, Phase I OWNER/APPLICANT: Texas School of Baseball, Inc. ENGINEER/SURVEYOR: Ward Surveying Company P.O. Box 820253 Fort Worth, Texas 76182-0253 PHONE: (817) 281-5411 FAX: (817) 838-7093 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/12/94 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 TOM ELGIN AT (817) 481-5581, EXT. 753. * We find the applicant has met all the requirements of our previous reviews. This plat is apparently ready to file in the County Plat Records. * Original signatures and seals will be required on each blackline mylar prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. * Denotes Informational Comment cc: Chris Lamon, 1103 E. Pine, Ste. 102, Keller TX 76107 ELFM, Inc., 1300 Shady Oaks Lane I Ft. Worth, TX 76107 Texas School of Baseball, Inc. Ward Surveying Company Im C�J Im p Ad V"Of w NOISWORM fAIOOWM NAVP 3nN3Av 11vianDi Nino! 1Ri NIOMnt,Ot � '° Ha c EI J i IOl ad 'J[f6 m 2MINYA 1A/OP .7"7N{409 Ow- t Y * g �myn� Y y % u9 z s. m O u > V < It 14 fill�a tl W a x a Y ' n� Y L .off g.Y L ¢ • - N om <A qR� lYl Z O � �m u �uAeo m U) 3 SLF xo<i= � ffyy a W W F p G i Cr 6 y m m i n J CWY CF:8 u t `L eO=e XF" W< i C< • p 0 0 3 f FFFFF W O W s<nsi�?uti: 3ez O\<"►O�•�Atl<AY ci N Z� Q Z < JX Ox ~ N W Z ~ =W. 0 ZW 0yy <y J }= 05 Z.s U� Z� O ZO 0 40 � a City of Southlake, Texas MEMORANDUM July 15, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-59 Specific Use Permit/Resolution No. 94-29 REQUESTED ACTION: Specific Use Permit for the development of an indoor baseball facility and outdoor fields for instruction and entertainment per Ordinance No. 480, Section 45.1 #11 on property legally described as Lot 5, Block 1, Phase I and Lots 6 and 7, Block 1, Phase II, Greenlee Business Park and approximately 5.17 acres out of Tract 6 in the John A. Freeman Survey, Abstract No. 529 LOCATION: West of South Kimball Ave., North of East Continental Ave. OWNERS: E.L.F.M. Inc. and Chris Lamon APPLICANT: Texas Baseball Center, David L. Thome and Robert Walton, Agents CURRENT ZONING: "I-1 " Light Industrial District LAND USE CATEGORY: Industrial NO. NOTICES SENT: Six (6) RESPONSES: Four written responses received within the 200' notification area: * Billie Farrar, Scott Farrar & Nat Gibbs, opposed, all have a partnership interest in adjacent 69 acre tract which is proposed zoning of SF-20A residential. This SUP will be detrimental to residential property. * James Lunsford of South Kimball JV, P.O. Box 1685, Dallas, in favor, he feels a baseball facility will provide a good buffer between Residential and Industrial properties. * E-Systems Inc. Pool Trust, W.B. Strange III, Counsel, P.O. Box 660248 Dallas, in favor. * Memo Industrial Planning, 1950 E. Continental Blvd., in favor. Five written responses received outside the 200' notification area: * James Phipps, 603 Field Street, in favor of the request. * C.W. Hood, 1820 Rainbow, opposed, does not want lighting. * Theron Ragan, 1512 Rainbow St., opposed, does not want noise, traffic and lights. * Applied Therapeutic Sciences, Arlon Washburn, 2060 E. Continental Blvd., in favor. * Mrs. H.E. Chiles, 1300 Shady Oaks, Ft. Worth, in favor. A- City of Southlake, Texas P & Z ACTION: June 9, 1994; Approved (5-0) Applicant's request to table the request and to continue the public hearing until June 23, 1994 due r' to incomplete notification to property owners within 200' . June 23, 1994; Approved (5-0) Applicant's request to table the request to the July 7, 1994 Planning and Zoning Meeting and continue the public hearing. July 7, 1994; Denied (4-3) Motion to Approve ZA 94-59. STAFF COMMENTS: The Commission's denial of the motion to approve is in effect a recommendation for denial of the request and will require a supermajority vote by Council to approve the applicant's request. The applicant has met all review comments of the third Concept Plan Review Summary dated July 1, 1994 with the exception of those items addressed in the attached fourth Concept Plan Review Summary dated July 15, 1994. KPG/bls C AWPRMEMO\94CASES\94-59.SUP m A ctm Southlake J V •(-t" tj Davey 529 N. Lemons A' TR 681 ,�1« 8 AC Memo Industrial Planning Inc.. TR 6E TR I 3C TR 38 .14 1 AC AC TR 6G 2 AC TR 4A1 1.17 AC TR 6H TR 4A4 2 AC TR 6K .684 AC EK EN 12g58 A RTC TR 6K1 1 8 AC Pumpco Inc. •1-1" n a a J J Q TR 6 co 6.882 AC H Y South Kimball I W12. Joint VentureATRACT s I /6 0 e / r rn 0 TR 60 4.57 AC G n o •3 AC l7 «(_� « cc 4 U Sun Square Devlopment Inc. ADJACENT OWNERS AND ZONING TR 6F I 4.07 AC 1 2 I I bA I N �r- TR E-Systems m Inc. Pool Tr. r� �L m TRACT 4 I 1 City of Southlake, Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 94-59 REVIEW NO: FOUR DATE OF REVIEW: 07/15/94 PROJECT NAME: Concept Plan for Specific Use Permit for Outdoor Entertainment Center, being_ 14.842 A., being the proposed Lot 5R, Block 1, Greenlee Business Park, Phase 1 OWNERS: E.L.F.M., Inc. Chris Lamon 1300 Shady Oaks Lane 1103 E. Price,Su.102 Fort Worth, Texas 76107 Keller, TX. 76244 PHONE: FAX: APPLICANTS: Texas Baseball Center 7503 Tillman Hill Road Colleyville, Texas 76034 PHONE: (817) 498-7475 FAX: CITY STAFF HAS RECEIVED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 07/11/94 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817) 481-5581, EXT. 743. ------------------------------------------------- ------------------------------------------------- 1. Show the existing 7.5' & 15' utility easements on the subject property. 2. Label the level of the proposed 25' bufferyard on the West adjacent to SF-20A residential zoning. Correct the "Required Bufferyards Table" to reflect the level of bufferyard rop vided.(i.e. the west bufferyard proposed is 25'-F1) A 10' bufferyazd, type F2 (concrete or masonry fence), is required. * Staff recommends that the applicant provide additional information on the baseball field lighting (i.e. type, height, intensity) due to the potential impact on the surrounding properties. Note that the area to the West is currently SF -20 zoning which provides that no structure erected within 100' of the residentially zoned area shall exceed one (1) story or twenty feet (201) in height. * Although adequacy of the parking will be determined upon submittal of the site plan, it appears that the area designated for parking will be inadequate, based on the requirement of 1 space per 100 s.f. of floor area for a commercial amusement establishment or 1 space for each 3 bench seating space for stadium or gymnasium use. Details of the proposed stands will be required to determine parking requirements. * The applicant should be aware that based on the size building indicated on this submittal the following interior landscaping shall be required prior to issuance of a certificate of occupancy. REQUIRED INTERIOR LANDSCAPE Canopy Accent Trees Trees Shrubs Area req'd = 2,000 s.f.* 3 7 1 33 * Of this total, 10 s.f. per parking stall is required in the parking areas and required plantings must be in the front and along the sides of the building building and the interior edge of the required bufferyards. Ground Cover 200 s.f. 75 % of the between the City of Southlake, Texas * The applicant should -be aware that prior to issuance of a building permit, 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, r Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment cc: E.L.F.M., Inc. Chris Lamon Texas Baseball Center Goodwin and Marshall, 6001 Bridge St., Suite 2A - G ® � M ......a.%,bbbb%bYbb1,!!, .r..rrltr►►.rrl,rrrrltrMMAr .......... _ ....... A.MasA � a s In ira o.unur ate— A AO.00A6 N ear ae'+�in «wo°Ws ♦k • SA - 7- RESOLUTION NO. 94-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE DEVELOPMENT OF AN INDOOR BASEBALL FACILITY AND OUTDOOR FIELDS FOR INSTRUCTION AND ENTERTAINMENT USES FOR THE LOCATION LEGALLY DESCRIBED AS LOT 5, BLOCK 1, PHASE I AND LOTS 6 AND 7, BLOCK 1, PHASE II, GREENLEE BUSINESS PARK AND APPROXIMATELY 5.17 ACRES OUT OF TRACT 6 IN THE JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529; AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"; CURRENT ZONING IS "I-l" LIGHT INDUSTRIAL DISTRICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for Instruction and Entertainment uses has been requested by a person or corporation having a proprietary interest in the property described in Exhibit "A" attached hereto; and, WHEREAS, in accordance with the requirements of Section 45.1 (11) of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1 A Specific Use Permit is hereby granted for Equestrian uses on the property described in Exhibit "A" attached hereto, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1. 2. 3. 5. Resolution No. 94-29 Page 2 SECTION 2 This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS THE DAY OF , 1994. ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas CAW PRRES-oRD\94-29.SUP qA--I CITY OF SOUTHLAKE By: Gary Fickes, Mayor EXHIBIT "A" LEGAL DESCRIPTION FOR 5.17 ACRE TRACT BEGINNING at a 1/2" iron found at the Northwest comer of Lot 5, Block 1, Phase. I, of Greenlee Business Park Addition to the City of Southlake as shown on plat recorded in Volume 388-180, Page 9, Plat Records, Tarrant County, Texas, said point being in the East line of a tract described in a deed to Nolan Lemons recorded in Vol. 4348, Page 47, DRTCT; THENCE N. 0 degrees-20'-40" W. along the East line of said Lemons tract and continuing along the East line of the tract described in a deed to Southlake Joint Venture of record in Vol. 9232, Page 708, DRTCT, 699.27 feet to a 1/2" iron. THENCE N. 89 degrees-01'-23" E. 703.96 feet along said line to a point in the West line of South Kimball Avenue; THENCE S. 0 degrees-01'-14" W. 105.57 feet along said West line to a 1/2" iron found in same for comer; THENCE S. 89 degrees-39'-20" W. at 10.0 feet passing the Northeast corner of lot 7, (400, Block 1, Phase II, Greenlee Business Park as shown on plat recorded in Vol. 388- 213, Page 8, Plat Records, Tarrant County, Texas, and continuing in all 445.81 feet to a 1/2" iron found at the Northwest comer of said Lot 7; THENCE S. 0 degrees-20'-40" E. at 298.02 feet passing the Southwest comer of said Lot 7, same being the Northwest comer of Lot 6, Block I, of said addition, and continuing in all 599.02 feet to a 1/2" iron found at the Southwest comer of said Lot 6, in the North line of Lot 5, above referenced; THENCE West 257.45 feet along the North line of said Lot 5, to the POINT OF BEGINNING and containing 5.17 acres more or less. Resolution No. 94-29 Page 3 �A - (o Robert J. Walton General Managing Partner Robert (Rob) Walton was born and raised in Rutherford, New Jersey. He attended Oklahoma State University on a baseball scholarship majoring in Physical Education. After four years in the minor leagues, he married Michelle and moved to Dallas in 1989. Rob and Michelle have two sons, Davis (3) and Donovan (2 weeks). Listed are Rob's accomplishments in baseball for the past fifteen years which give him the knowledge and experience to manage a baseball school. High School: Four years of Varsity baseball Voted All -State player three out of the four years; both pitching and batting New Jersey High School player of the year his senior year in 1982 Featured in Sports Illustrated "Faces in the Crowd" Listed in Cooperstown Baseball Hall of Fame; MVP Babe Ruth World Series 1981 Received try -out invitations from twenty- six major league teams; 1980 - 1982 Drafted first pick in the sixth round for the Texas Rangers in 1982 Offered athletic scholarships to numerous colleges College: Top baseball recruit to Oklahoma State University 1982 -1983 Played in three College World Series Voted player of the game during the 1986 College World Series Drafted by the Baltimore Orioles in 1986 Professional: Played four years in the minor leagues for the Baltimore Orioles Second in wins for the organization in 1988 Voted Carolina League player of the week Tied the Carolina League record for most consecutive innings with out giving up a run Left the minor leagues in 1989 due to shoulder injury Career: Taught private lessons in baseball for 3 1/2 years Assisted in running baseball camps Cliental has more than doubled over a three year period Acquired a waiting list of two to three weeks for private lessons within the last year My goals for the Baseball School in Southlake are to provide a safe environment for enjoyment, as well as, developmental skills for all ages. Due to my passion and knowledge for baseball, I am confident that these goals are obtainable. �A -11 06-23-1994 02:20PM FROM Memo Dallas TO 94810036 P.01 im MEMO INDUSTRIAL PLANNING, INC. DALLAS BRANCH 1950 a contin$ntal Blvd. Southlake, Texas 76092 817/488-4444 June 23, 1994 Mrs. Karen Gandy Zoning Administrator City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Re: ZA 94-59 Specific Use Permit Dear Mrs. Gandy: CND � MO We have reviewed the preliminary concept plan for the baseball fields adjacent to our property. It appears that only positive effects will result from this use of the land. We have no complaints for the lighting requirements or the increase in traffic. They have been advised of the drainage problems in the area and seem willing to correct the problem. Well maintained and well managed recreational parks tend to enhance both property values and esthetics of the surrounding land whether it be residential or commercial property. If you have any additional information that could affect our stance on this issue, please feel free to call me at any time. Best regards, MEMO INDUSTRIAL PLANNING, INC. 11�� Paul Wagner V.P./Controller Mailing Address: P.O. Box 087, Grapevine. Texas 7W51 • TeleW: (81T) 488-0872 TOTAL P.01 Cr f -- - -- - -=---------------- - - - - --- ----- - - - - - - The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southl7FF 2. REFERENCE NO.: ZA 94-59 v I am (in favor of) (opposed to) (undecided about) the request for the following reasons: O IN IN - - - - - --- - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - The following form may be filled out and mailed to the City! of Southlake Planning and Zoning Commission, 667 north CaF.- I: Avenue, Southake, Texas 76092. REFERENCE NO.: ZA 94-59 — I am (in favor of) ) the request for th g2( 071 n' SIGNATURE: ADDRESS: P.O. o X 6 o a g ,/1a,9aA, H, 6 4' - o 1 S --------------------------- The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 94-60 ebe I am (in favor of) SIGNATURE: the request for the following reasonst. r:1 _ ADDRESS: ba - r3 -I fie ronowmg corm may oe aura uut I= uiaucu w µ,pc %,& y vi .3.,uUA442^.V 4L ."LALL6 .b ••••.. �......� Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 2L52 I am Xkf;(X4kKX)ft (opposed to) XYAR4= 4X*=0) the request for the following reasons: Incompatible use adjacent to proposed residential zoned property. SIGNATURE ADDRESS: The following form may be filled out and mailed to the City of Soutblake Planning and Zoning Commission, 667 North Carroll Avenue, SoudAake, Texas 7 REFERENCE NO.: ZA 2L52 I am OfiX WXM) (opposed to) QMaftA4Abpft the request for the following reasons: My family has a partnership interest in an adjoining fig arrP -trart that I manse which is ProDosed o residential. I op os the SUP re nest as i is my opinion that it WOUM e etrimen a o residential property. SIGNATURE: ADDRESS: $A -1 4 JUN 8 1994 REFERENCE NO.: ZA 94-59 I am (in favor of) (opposed to) (undecided about) the reques or the following reasons: SIGNATURE: ADDRESS: /g—/,-2--� A J The following form may be filled out and mailed to the City of SouWAe Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 94-59� I am (i)IXOM (opposed to) QMVmk Ci(;AbkM the request for the following roasons: This tract lies adjacent to a 69 acre tract that I have a partnership interest in that is proposed to have the zoning changed from "B-1"yI-l" to SF-20A. Therefore, Iam opposed to the SUP request as I consider it unacceptable to zoning. SIGNATURE ADDRESS: I RECEIVED J U N 1 CITY SECRETARY - ?- 7 94-1(, RECEIVED i U N 0 7 1994 CITY SECRETARY Jlutu 6, 19y"+ City of SoutMal e Southlake, TX 76092 RE: Document No. ZA94-46 Regarding our property located at 1512 Rainbow, we strongly request that this be zoned SF-20A as the city is proposing. We feel that this is the: best use for our properly and the property adjacent to us. We are totally against the agricultural 7.oning as recommended by Planning & Zoning. Since Timarron has conic in with a major subdivision along with a professional golf course, we feel that commercial zoning would not be sufficient for our property. We are also opposed to the baseball field that is going in to the east of us. This would not be acceptable in a residential zoning. ,U We would appreciate your consideration in matter as the City is considering its zo ' c ges. Sincerely,�'-.C-- '4 Theron A. Ragan CHILES TRUSTS 1300 Shady Oaks Lane Fort Worth, Texas 76107-3536 Telephone (817) 738-8384 IN IN R Facsimile (817) 738-8386 June 20, 1994 City Council of Southlake 667 North Carroll Avenue Southlake, TX 76092 Gentlemen: It is with great d1smay that I heard of the opposition by area residents to buildina a baseball park on the John A. Freeman Survey property on South Kimball Avenue. Since this area is zoned "light industrial", I believe that the park -like atmosphere of the proposed Texas Baseball Center would be much more to be desired by the adjoining residents over a manufacturing plant or other industrial project. The proposed plan for the baseball park includes adequate parking within the park itself, away from the houses nearby. My late husband, Eddie Chiles, was greatly honored by the City of Itasca, Texas, when they chose to build just such a park, The Eddie Chiles Baseball Park, in a residential area of Itasca, Texas. Residents have found that their neighborhood has been enhanced by this park. I am enclosing a copy of an article which appeared in the Sunday, June 19, 1-994, edition of the Fort Worth Star Telegram. This article speaks of the wonderful childhood memories of time spent at the old LaGrave Field baseball park in Fort Worth. In view of the inanv temptations pu': before the young people of today, .he existence of a baseball park within walking distance should provide a wholesome choice for the residents of the surrounding area. As this property is offered for sale, I hope you will consider that the baseball park would be the best use of the property and that approval should be g_ven to this proposed plan. The property will be sold, and I feel that the nearby residents could face much less iesirable neighbors. Sincerely, Mrs. H. E. Chiles FHC/bh Enclosure '�-A - I-1 Sunday, June 19,1994 / Fort WarthStmr-TeleF= / Coach dreams ofresurrecting baseball park FORT WORTH —The cheersof thecrowirose again from the old (4001LaGrave Field baseball park , yesterday morning, stirred by young men seekingtheirown Fort Worth field of dreams. Brad Bass was 6 and Mark Presswood was 4 when the Fort Worth Cats ended 80 years of baseball downtown, 80 years of sending young players on to parks like Ebbets Field and teams like the Brooklyn Dodgers. Thirty years after the Cats' final game, Bass and Presswood staged the first LaGrave Field Reunion yesterday; they daydream of bringing baseball back to the plot in a shady grove offthe Fblock of North Goboun Street. Bud Kennedy "When I stepped through the trees,) felt just like theguy in Field ofDreams stepping out ofthe coVtfield," said Bass, the baseball - coach at Texas Wesleyan University in Fort Worth. "I could see the shape of the diamond right away. My heart started beating fast. 1 started sweating. "I could feel this was a special place." Bass and his Texas Wesleyan players started clearing waist -high weeds from the lot, now the property of Texas Refinery Corp., hopingonly to locate the field. But they found both of the concrete dugouts and a tiled bathroom or locker room floor. "This is where 1 spent my summers, watching the Cats," north t (More on KENNEDY on Page27) 1. FOn Wp i SY T~q I%-AnOLrnd ~N Former Fort Worth Cats players Bobby Bragan, a catcher, right, talks with his teammate, pitcher Bob Austin, dining a reunion at the site of their old ballpark, IAGrave Field, yesterday. Kennedy From Page 25 Fort Worth historian Joe Dulle said, standing atop the visitors' dugout and staringsouth toward the old ' county courthouse. "1 can't believe it's been 40 years," said Dulle, 57. "1 haven't been here for 40 years." Presswood, 34, of Keller is a marketing specialist for IBM. His City Center office faces north, toward the sites of forerunner Panther Park, and LaGrave Field, which was built in 1926 and named for team executive Paul LaGrave. Presswood arranged the reunion as part of this weekend's Society for American Baseball Research convention in Arlington. He ordered replica Cats caps and jerseys for former Manager Bobby Bragan and former players to wear before a crowd ofabout 60 baseball historians. "1 grew up in Fort Worth hearing about the Cats," he said. "They were a big part of this city. 1'd like to see some more games here." Bass is workingon that, he said. He wants Texas Wesleyan to acquire the site for its proposed baseball park, though thecollege has not made plans to do so. Bass and former Cits pitcher Carroll Beringer were headed to the Stockyards one day, Bass said, "when all of a sudden he turned off into these warehouses and said, 'There —that's where the ballpark used to be.' "It's been on my mind ever since." Bragan and the former Cats players and coaches were full of LaGrave stories, recounted today in the Sports section. A display ofold pbotos showed Cats championsh ip teamsand two 1949disasters: LaGrave burned halfway to the ground days before Fort Worth's worst flood. Retired KLI F radio sportscaster Wes Wise, 65, who is also a former Dallas mayor, stood on the same dugout step where he once interviewed Dodgers rookieJackie Robinson, debuting as the first African -American in modern major league baseball. Wise remembered LaGrave as "having more ofa big -league feel" than Dallas' long -gone Burnett Field. "But what was really wonderful," he said, "was that you could look up and see the downtown skyline. "You had a strong sense of identity, a strong sense ofbeing in Fort Worth" Until 1964. That's when baseball moved out of Fort Worth, to Arlington. But not out ofboys' dreams. 8A- M4 2119 f IN IN RECEDED J U 'N Z t1 1994 City Council of Southlake CITY SIrCRETAR 667 North Carroll Avenue Southlake, Texas 76092' 817-481-5581 Fax: (817) 488-5097 RE: Texas School of Baseball 817-498-7475 APPLIED THERAPEUTIC SCIENCES 2060 E. CONTINENTAL BLVD. SOUTHLAKE, TX 76092 As a nearby property owner of the proposed project I have seen, reviewed and ask questions about the concept plan for the development. I do not feel that this development would have a negative effect on the area. I support the planned use of said development. Make Property Owner Date Additional Comments: SA- J� Pik Y-S 1 -y-4 1 tJt 1 b za0 P_ 01 CITY OF SOUTHLAKE NOTICE TO INTERESTED PROPERTY OWNERS r REFERENCE NO,: ZA 94-59 Dear Property Owner: An application has been filed with the City Planning and Zoning Commission to consider a request for a Specifie Use Permit for development of an indoor baseball facility and outdoor fields for instruction and entertainment per Ordinance No. 450, Section 45.1 #11 on W 5 Block 1 Phasc I and Lots 6 and 7 Block I Phase IIGreenlee Business Patk and ppgroximatejy S 17 acres put of Tract 6 in the John A Freeman Survey, Abstract No 529 The owners of the property are B.L.F.M. Inc. and Chris La in and the applicant is Texas Baseball Center David L. Thorne and Robert Walton Agents The property is zoned "I-1" Light Industrial District. A public hearing will be held by the City Planning and Zoning Commission on June 9. 1994 at :30 in the City Council Chambers at City Hall. At this time, you may submit your views on the matter in person, by writing, or by representative. You are encouraged to follow the requested action through final approval because changes are o#'tcn made during the review process. If you know of any interested property owner who for any reason has not received a copy of this letter, it would be greatly appreciated if you wotild inform them of the time and place of this hearing. Very truly yours. Planning and Zoning Commission City of Southlake, Texas (CUT MERE) ----------------------------------------------------------- The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 Notth Carroll Avenue, S Texas 76092. REFERENCE NO.: ZA 94-59 _ '7 I am Con favor o (opposed to) (undecided about) the request for the following reasons: SIGNATURE ADDRESS: M -.�o City of Southlake, Texas MEMORANDUM July 15, 1994 �' MANAGER TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Ordinance No. 614, Approving TU Electric Rate Change. During the City Council meeting held on July 5, 1994, Ordinance No. 614, approving the TU Electric Rate Change was approved in first reading. Please see the minutes of the meeting for information regarding this rate change. It was noted during this meeting that the rate change went into effect on July 11, 1994, however, as a requirement of our City Charter, all ordinances must have a first and second reading. Please consider the second reading of Ordinance No. 614, on July 19, 1994. /sl on ORDINANCE APPROVING TARIFF SC LES OF TEXAS TILITIES ELECTRIC COMPANY AND PR ING AN EFFECTIVE DATE THEREOF; PROVIDING CONDIT UNDER WHICH SUCH TARIFF SCHEDULES MAY BE CHANG MODIFIED, AMENDED OR WITHDRAWN; PROVIDING THAT S ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINAN PROVIDING A SEVERABILITY CLAUSE; PROVIDING A GS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND F NG AND DETERMINING THAT THE MEETING AT WHICH THIS INANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED W. WHE the Ci f Southlake, Texas is a home rule ity acting under its d by the electorate suant to Article XI, Sectio 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, on June 6, 1994, Texas Utilities Electric Company filed with the Governing Body of this municipality, and simultaneously with the Public Utility Commission of Texas, virtually identical Petitions and Statements of Intent proposing to implement four new tariff schedules: Rider ED - Economic Service; Rate GC - General Service Competitive Pricing; Rate WPC - Wholesale Power Competitive Pricing; and Rider ET - Environmental Technology Service. WHEREAS, pursuant to the Public Utility Regulatory Act, Article 1446(c) V.A.T.S. §17(a) Southlake has exclusive original jurisdiction to regulate the rates, operations and services of electric utilities within its corporate limits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: -1- SECTION 1. ' The said tariff schedules of Texas Utilities Electric Company are hereby approved for application within the corporate limits of this municipality, said tariff schedules to be so applicable until such time as said tariff schedules may be changed, modified, amended or withdrawn with the approval of the Governing Body of this municipality. SECTION 2. The aforesaid tariff schedules herein approved shall be effective from and after the final passage of this Ordinance. SECTION 3. The filing of said tariff schedules shall constitute notice to the consumers of electricity, within this municipality, of the availability and application of such tariff schedules. SECTION 4. Nothing in this Ordinance contained shall be construed now or hereafter as limiting or modifying in any manner, the right and power of the Governing Body of this municipality under the law to regulate the rates, operations, and services of Texas Utilities Electric Company. SECTION S. It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public and as required by law and that public notice of the time, place and purpose of said meeting was given as required. 7d'-j _2_ SECTPON 6. This ordinance shall be cumulative of all provisions of ordinances in 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 7. 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 S. 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. A PASSED AND APPP:)VED ON FIRST READING ,ON' THIS DAY OF 199_. Ova HLAk, <; YOR �` ATT ST a` CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 199_. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Citv Attorney If Date: EFFECTIVE: f:\files\md\slake.2ord A 1­1 -4- City of Southlake, Texas - MEMORANDUM July 15, 1994 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Annexation of 0.361 acres of land CITY M�A--N—A�G-E-�R "1 7 1 ` /� - - �Sl 11 1 Ordinance No. 607, 2st reading, regarding the annexation of 0.361 acres of land out of the C.M. Throop Survey, Abstract No. 1510, Tract 7A, is on your agenda. The two (2) public hearings on the annexation were held on June 7, 1994, and June 9, 1994, in accordance with the requirements of Chapter 43 of the Local Government Code, and no comments were made for or against this annexation. The owner, Thurman Head, 1400 Post Oak Trail, Southlake, has been notified of this annexation. Please consider the second reading of Ordinance No. 607. If you have questions, please let me know. 11 ORDINANCE NO. 607 AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TRACT 7A, ABSTRACT 15102 CM THROOP SURVEY, TARRANT COUNTY, TEXAS, INTO THE CITY OF SOUTHLAIK, TEXAS FOR ALL MUNICIPAL PURPOSES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AND 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 is proposing to annex property which is currently contiguous to the City and within its extraterritorial jurisdiction into the city limits of the City of Southlake, Texas; and, WHEREAS, the proposed annexation will have the effect of increasing property values, regulating growth, development and density within the proposed area and enhance the health, safety, morals and general welfare and quality of life of the citizens of Southlake and the residents of the area proposed to be annexed; and WHEREAS, notice was published in a newspaper of general circulation on May 27, 1994 , giving notice of public hearings to be held on June 7, 1994 and June 9, 1994, at which times such public hearings were held in accordance with the requirements of Chapter 43 of the Local Government Code; and WHEREAS, at the time of consideration of this ordinance, not less than 20 nor more than 40 days have passed since the time of such public hearings; and WHEREAS, a Service Plan has been prepared and presented at the public hearings; and f:\files\muni\slakc\ordinanc\annex (05-16-94) y WHEREAS, all requirements of law have been met to require this annexation, including compliance with the provisions of Chapter 43 of the Local Government Code. P NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That all portions of the following tract of land located in Tarrant County in Texas, are hereby annexed to the City of Southlake as a part of the City for all municipal purposes, and the city limits are hereby extended to include such territory which is graphically depicted on Exhibit "A," and: BEING a tract of land in the C.M. Throop Survey, Abstract 1510, by Deed to Thurman Head and wife, Laura Head as recorded in Volume 6910, Page 601, Deed Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 2 inch iron pipe on the West bank of a branch at the southeast corner of that certain 11.32 acre tract of land conveyed to Arvel N. Tate and wife, Hazel Pearl Tate, by Deed dated March 13, 1954, and recorded in Vol. 2686, Page 125, Deed Records, Tarrant County, Texas, said point being 318.3 varas West of the Southeast comer of said Throop Survey, and also being in a current north city limit line of the City of Southlake; THENCE North with the East line of said Tate Tract, 115.65 feet to a point in the Southerly line of County Road No. 3080 (Dove Street); THENCE South 67 degrees, 46 minutes East with said Southerly line of said road, 131.75 feet to a point on a curve to the left with a radius of 979.93 feet whose center bears North 19 degrees, 28 minutes, 08 seconds East; THENCE southeasterly along said curve in Southerly line of road, 159.8 feet to the intersection of said Southerly line of road with an old fence line, an iron rod, said point also being in an existing north city limit line of the City of Southlake; THENCE South 80 degrees, 57 minutes, 30 seconds West with said old fence, 156.0 feet to an iron rod in concrete at fence corder at the Northeast corner of that certain 30.866 acre tract of land conveyed to the Veterans' Land Board by Deed recorded in Volume 3256, Page 93, Deed Records, Tarrant County, Texas; f.\files\muni\slake\ordinanc\annex (05-16-94) 2 7C -j THENCE SOUTH 89 degrees, 45 minutes, 15 seconds West with fence in (40" the North line of said Veterans' Land Board tract, and with the South line of said Throop Survey and the North line of the Heirs of Christopher Dart Survey, Abstract 2003, 12.2 feet to the PLACE OF BEGINNING, and containing 0.361 acres, more or less. SECTION 2. The Service Plan, attached hereto as Exhibit "B," and incorporated herein, is approved in all things and made a part of this ordinance for all purposes. SECTION 3. 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 4. Should any section or part of this ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect; and should this ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Southlake, such ineffectiveness of this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to all of the remainder of such area, and the City Council hereby declares it to be its purpose to annex to the City of Southlake every part of the area described in Section 1 of this ordinance, regardless of whether any other part of such described area is hereby effectively f.\files\muni\slake\ordinanc\annex (05-16-94) 3 76 4 annexed to the City. Provided, further, that if there is included within the general description of territory set out in Section 1 of this ordinance to be hereby annexed to the City of Southlake any lands or area which are presently part of and included within the limits of the City of Southlake, or which are presently part of and included within the limits of any other City, Town or Village, or which are not within the City of Southlake's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be hereby annexed as fully as if such excluded and excepted area were expressly described herein. SECTION 5. The City Secretary of the City of Southlake is hereby directed to engross and enroll this ordinance by copying the caption, publication clause and effective date clause in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 6. 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 THIS DAY OF 1994. MAYOR ATTEST: CITY SECRETARY f:\files\muni\slake\ordinanc\annex (05-16-94) 4 76 �� m APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: EFFECTIVE: f:\files\muni\slake\ordinanc\annez (05-16-94) 5 i� EXHIBIT'A' ANNEXATION TRACT BEING a tract of land in the C.M. Throop Survey, Abstract 1510, by Deed to Thurman Head and wife, Laura Head as recorded in Volume 6910, Page 601, Deed Records, Tarrant County, Texas and being more particularly described as follows; BEGINNING at a 2 inch iron pipe on the West bank of a branch at the southeast corner of that certain 11.32 acre tract of land conveyed to Arvel N. Tate and wife, Hazel Pearl Tate, by Deed dated March 13, 1954, and recorded in Vol. 2686, Page 125, Deed Records, Tarrant County, Texas, said point being 318.3 varas West of the Southeast comer of said Throop Survey, and also being in a current north city limit line of the City of Southlake; THENCE North with the East line of said Tate Tract, 115.65 feet to a point in the Southerly line of County Road No. 3080 (Dove Street); THENCE South 67 degrees, 46 minutes East with said Southerly line of said road, 131.75 feet to a point on a curve to the left with a radius of 979.93 feet whose center bears North 19 degrees, 28 minutes, 08 seconds East; THENCE southeasterly along said curve in Southerly line of road, 159.8 feet to the intersection of said Southerly line of road with an old fence line, an iron rod, said point also being in an existing north city limit line of the City of Southlake; THENCE South 80 degrees, 57 minutes, 30 seconds West with said old fence, 156.0 feet to an iron rod in concrete at fence comer at the Northeast comer of that certain 30.866 acre tract of land conveyed to the Veterans' Land Board by Deed recorded in Volume 3256, Page 93, Deed Records, Tarrant County. Texas; THENCE SOUTH 89 degrees, 45 minutes, 15 seconds West with fence in he North line of said Veterans' Land Board tract, and with the South line of said Throop Survey and the North line of the Heirs of Christopher Dart Survey, Abstract 2003, 12.2 feet to the PLACE OF BEGINNING, and containing 0.361 acres, more or less. r TAIA 126 Ac N 1" =200' EXHIBIT 'B' ANNEXATION TRACT ---------- --------------- -----� 0 `— 1 0 -11 Q � � Q j 01 2 3 7 4 Q 6 7A48 :� 3 ti ~ Q10 7A 7A I 182A J ti 7A v 4 W 1 <C 7A 7A 4A 4811 J 48 48 TRACT 8 9 1a2A1 wFs� �pV 7A 7A k STRk'6 4c 1 i SA f. P SURVEY A-1510 — RT SURVEY A-2003 SOUT AKE CITY LIMIT 18 28 " 1 1 17 _ _ _ i Ac I - -...... . _ _ 16 10 2C -- - --- JAI / ; .—'—.—.---- 15 J!� Z r 1 Ac Q--_ 9 -J ____----- 0� 14 tj Qj Z Q 3 1 13 12 J 7 ` \ *,,. IL � 1 I 35 Ac Q N IA City of Southlake, Texas SCHEDULE FOR ANNEXATION OF PROPERTY 0.361 ACRES OF LAND ON WEST DOVE May 3, 1994 Resolution No. 94-15A, calling two public hearings for annexation May 27, 1994 Publish notice of public hearing to be held on June 7, 1994, and the second public hearing to be held on June 9, (to be published not more than 20 days before or less than 10 day of public hearing) June 7, 1994 First Public Hearing for Annexation. 7:00 p.m. during Regular City Council Meeting. June 9, 1994 Second Public Hearing for Annexation. 6:30 p.m. during Special City Council Meting. Approve Resolution, instructing the City Attorney to prepare an Ordinance, annexing property. July 5, 1994 First Reading of Ordinance annexing property into City of Southlake. July 8, 1994 Publish Ordinance for public hearing to be held on second reading. July 19, 1994 Second Reading and Public Hearing of Ordinance, Annexing property into the City of Southlake. I City of Southlake, Texas MEMORANDUM July 7, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-62 Rezoning Request / Ordinance No. 480-138 REQUESTED ACTION: Rezoning for a 7.00 acre tract of land situated in the M. Mahaffey Survey, Abstract No. 916, Tract 5, Denton County LOCATION: South side of Bob Jones Road, Southwest of Indian Creek Addition OWNERS/APPLICANTS: Michael and Susan Lamon CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "RE" Single -Family Residential Estate LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Seven (7) RESPONSES: Two written responses received within the 200' notification area: * Harold Knight, Vice President of Indian Creek Properties, 190 W. NW Parkway, Suite E, in favor. * Peter & Julie Landesberg, 305 Bob Jones, in favor. P & Z ACTION: June 23, 1994; Approved (5-0) COUNCIL ACTION: July 5, 1994; Approved (5-0) First Reading, Ordinance No. 480-138 STAFF COMMENTS: Note that the property does meet the 300' minimum lot width as required by the "RE" district. KPG/bls C A W PF\MEMO\94CAS ES\94-62-Z c. MELC14ER R A. no Wsou SAO" -11 . t2 D EA1� .-1 Is 1 a It W. HILLS xar" A -FM is M0 MAtKY ILLIPS A-IIrm BE BE (REIS D. PRICE !CC�CC,C 3 = -11 111 a ....................... - � TRACT MAP 1 � DENTDN to W. HILLS RANT 3 1 EDLIN 2A DAMD DOUT141 IA a 8 TR 7 I AC 2.5 A TR 7 2.5 %w I AC 2 0��� V 1 AC 1.096 AC 11SF-1A11, Indian Creek'Properties R. Smith 1 1 1 AC 19 "SF-lA" L 1.028 AC M. Hye "AG" TA 78 I TR 6A 1.2 AC 3.8 AC J.&P. i Landesburg I "SF -IA" "SF-lA" TR 1 m 2.21 ¢ AC 5 TR 4 TR 3 _ R. Reagan 7 A 6 AC 5 AC TR 7A TR 6 1.3 AC 2.2 AC "AG" TR 21 C6 I JONES RO 11AG" J. Littlejohn & C. Farina 123124'25!26� 8I29130 131 132 33 134 135 i36 137 138 39 140 141 142 43 44 45 46 47 48149,50 51 52 I I 30SE NECK OR R. C. Dawson - i ; 43- i 1 1 20 1 26 i 32 2 -- �-- 42 2 1 2 19 2 25 2- r-- 31 3 41 3 114 p 3 18 3 24 - 39 MC� \r► 38 7 tA37 36 �9 - 30 13 Z 4 17 0 _....4 _ ....23..._ 4 29 12 U 5 16 -- 5 22 5 28 ADJACENT OWNERS H 6 27 e AND ZONING - � 26 � a 8 25 Z wQw o �n w �08 �aNEs XW P T 03. GINNIN jFAST J—x PK noil Ind. nag found for the northeast corner of 58.078 acre tract (,Volume 312, Pape 422) t I IStole 1'a 100, Z f n" Notr otst:Rfpnom Bribe a great Or pereel of fend bflvatad in the td, Manerfey sr.nyi O A6etnut Na 019. In Danfot CWmty. lest., and #ehg a Porghat of 0 O d a eelod 68t070 #era trod of lead HraYrd as fna two trael on �; a frame/metal U a Dead It Comsat C16x data January A 1245. regarded At vekdne Jf% Pew 422. of the Doad Roaards of Denton Cmmfx reaes,(owrA buAdlnp and I#Mg awn W Wlarfy described tar mates and bamdego es �A leleo.# Coo NerNaast mmantMg of a eel falatel M Bob Jones Road. said print being NI e d 6 Neomor a/ gold 811.0711 are groat. saw point visa tc to bsYtO the NaAhrot earner of d eased 1150 are tract of fend p q I Ipr6s1 M a dead N 4M1 Rose Clay to WE rueker, recorded in �.- Vokme s3k Pogo 4" MW4- thanes 11144114 along sold Bob Jane# Road. a distant# of 479.66 feet C le o.patit for owner, and Bw Pohl of Beekwint of the frail O Q Mw Pohl 4""604 from said a PA Mal /sand 6aare N 00 dog. C N $ 0 mk BJ eat. Mod, a Astaire# Of LES lug, edw petit des le 1 p: 6e64 64 Northwest eemr of a treat of tend described M d Icrd to &Way It Adel' and made starts K. Adds; reeord4d In whine Nx . 7.00 Acres 12sa, Pew 04 MOT' (304,922 sq.ft.) y rhoned South 00 rip. 14 min. if ses. East slang the wet fine of to 2, y, $ 4aw Ad4k trsatesh pag a 14 Mtn ban rod found W a d■tanee (,r /D r er JS17 left munuhg an M sB d Infante of 1001.64 fool to p : B/B Meh iron red /oval per erne. •awe pent boin the Coa •a d SOUthWit me of told Adak tract and Nso h being 14e North q • the of West Beach Addinonl( Dead eef: Sovth 00 dog. JJ min.OLs rt w a o.a Eost • A4tana of t001.OJ0 lest k t lhmcd South 89 deg. 22 min. 02 sea West Wang the North ko o/ co t t. taw West Boats co a distance of J02d1 fed to a pant ►. t0 t t.a /ergo proof far terror, •.fd Pont I+dn/I Inc Savthoa.l corner or • groat of find doerlbed In d dead to Vadeflitnen Bhys Nyyee,, .. recorded M ydwrw 2JSJ, pops Uk OROCq ( good Case rush to 22 anti. 02 a4a West a td.lawo e/ JOJ.ag2 r#of k QQ 111000 North 00 sop. 14 min. 35 eta Wort Wong the fad iho of oaW Nye treat a dislanea of IgX15.00 fed to a A.K. Mal fauna to Q Bob Jones Road, said petit being I%# Marinette corner, of said Nye data ( Dead Cam North 00 deg. JJ min. ot.0 tee. t % Wes4 a alsland or 1004.095 test k Thence Ee#t Wong taw Bob Janes Ra" a tlstanct of 3 0J.03 rod to the Petit of Brgtining, and tanlaking 7.00 suss of landt mac or idea Saw and Exe#pt any and 4f portion thereof centolnrd within any ' public or pr7vats roadway. ' t �r � x � -etN x--�r--+r—.w---x—+'T`�u-- x�-x --x-- S 892202W 303.9V West Beach Addition " t the undwsf"&, hereby certify that the ovrnr map harean, m4 Ihs eelnyh .rnp.g 4orertplan, depicts and dao... lh. r4oulit of a cwtfai end acaeala wrvayy, made an the ground, and to the best of my kh..gadge and bema4 N a taus one em.d depiction aid n1j description err ln•a properly %onyad, and that thwo era no aPPWatt anroachmente or protr Alons across bamdry tines. ��•`•µdi sTf� �y • shortagat of W44 ar ►auy, ndrexcept as ahoan hraan. the only oasanento lha utgaalgnd has kno.lodge, We that. ad shown, �.' V^iY N r... a hwnr athis Property Is tublael to any and aid socananle, rwWtlann, and, v sVlalana M161 may be of record Any • . • ...... , . . �1CC. RD � A reol•renee to One tog yW feed ptaM of food hazard tans. It an ed estimate baton the data staled heroine, and and shovtd not be -interpreted .tie • .. • � . . .r:.b 4®.. .. ', ee ■ study Or datrmha0aa of the eoodlng prop.ndtlee of this properly. .• P�rel� �'IQpA Nate This wrny wall pw(wma4 In dnnsation Path the tranNcuon In! f e M.1described eF Ns. 1401060-17 J0, for Laaydre American nut company. C A!>14Y1 �Jl* Richard C. Moki Registered Professional P,O. BOX 8399 FORT WORTH. TEXAS 76112 Land Surveyor No. 4587 Legend: 0 Iron Rod Found -x-x- Wood or kre fence 60t0: J/9/94 0 Iron Rod Set A Control Adbnument All iron rods are 1/2' rebor unless others" Job No. 10193-W79 l CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-138 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 7.00 ACRES OF LAND SITUATED IN THE M. MAHAFFEY SURVEY, ABSTRACT NO.916, TRACT 5, DENTON COUNTY, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "RE" SINGLE- FAMILY RESIDENTIAL ESTATE DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to ainend 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 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 GAORDIZONNG 480.I38 Page 1 `75-S changes should be granted or denied: safety of the motoring public and the pedestrians using the law, facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, err WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: C:WRD\Z0NW41480.138 Page 2 �% (^ Being a 7.00 acre tract of land situated in the M. Mahaffey Survey, Abstract No. 916, *W1 Tract 5, Denton County, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "RE" Single - Family Residential Estate District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to GAORDNZONINGM80.138 Page 3 such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY G.*=D\Z0NING\480.138 Page 4 754 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: EFFECTIVE: c.%oenk0rrwc\480.138 Page 5 EXHIBIT "A" Being a tract or poroel of land sltttatod In the M. Mahaffey Survey, Abstract No. 916, in Denton County. rexoi, and being a portion of a coiled 68.078 acre tract of load described as the (Irst tract in a 0eed to Eamest Clay, dated January 300 1945, recorded In Volume Jig, Page 422, of the peed Records of Denton County, rekat,(DROt: T),- and being more particularly described by metes and bounds as followel Commencing at a non found In Bob Jones Road, sold point being the Northeast corner of acid 68.076 acre tract. Sold point alma being the Northwest corner of a Called 3.15A acre tract of land described In a de -ad to from Roca Clay to W.E. tucker, recorded In Volume 559, Page 484, OROCT, thence West, along sold Bob Jones Road, a distanc♦ of 479.86 feet to a - point for corner, and the Point of Beginning of the tract heratn described. from acid ppotrit a P.K. Nag found bears N 00 dog. 0 min. 5J sac. Wool, a distance of 2.82 feet, sold point also being the Northwest corner of a tract of iand described in a dead to Burney N Adair and wife Marta K. Adafr, recorded in Volume 1258, Page 905. DROCTt Thence South 00 dog. 14 min. 31 see. East, along the West line of told Adair tract, patting a 112 inch Iron rod found at a distance of J5.17 feet, continuing an In all a distance of 1001.114 feet to a' a/8 Inch iron rod fount! for Corner, mold point being the Southwest corner of cold Addlr tract, and Otto being In f he North line of West Beach Addition:( Dead call; $outh 00 deg..33 min. 02.8 ago. East, a dlstanco of 1001,538 feet ); Thence South 69 deg. 22 min. 02 sec. Wmet, 0ong the North line of Laid West Beach Addition, o dlstonce of 303.91 feet to a point in a rence poet for corner, cold point being the Southeast corner of a tract of land deacribed in a deed to MariatHttlen 81nje kyo, ' recorded in Volume 2353, Page 869, pR00r; ( Oiled Call; South 82 deg. 22 Thin. 02 sec. West, a distance of 303.1712 feet ); Thencs North 00 deg. 14 min. 33 tee. West, along the East line or told Hye tract, a distance of 1005.00 feet to 4 P.K. Nan found in Bob Jones Road. sold point heing the Northeast corner of. Raid kye tract; ( Dead Calls North 00 deg. 33 min. 02.8 sec. West, a distance of 1004.996 [set ); Thence East, along said Rob Jones Road, a dlstanta of 303.1J feet to the Point of Beginning, and coritoining 7.00 acres of land, more Or 141as. Save and Except any and all portion thereof contained within any public or private roadway. GNORMZONINQ480.138 Page 6 City of Southlake, Texas - MEMORANDUM July 7, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-61 Rezoning Request / Ordinance No. 480-137 REQUESTED ACTION: Rezoning for a 1.997 acre tract of land situated in the G.W. Main Survey, Abstract No. 1098, Tract 2E, being a portion of a 3.68 acre tract of land as recorded in Volume 5915, Page 391, Deed Records, Tarrant County, Texas LOCATION: 155 South Kimball Avenue OWNERS/APPLICANTS: Gary and Cathy Fickes CURRENT ZONING: " SF- 1" Single -Family Residential REQUESTED ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Mixed Use/Within 75 `LDN' Noise Contour NO. NOTICES SENT: Five (5) RESPONSES: Four (4) written responses received: * Janice Miller, 165 S. Kimball Rd., in favor. * Howard Carr, 311 S. Kimball Ave, no opposition. * John and Sally Ezell, 280 S. Kimball Ave., in favor. * Christ Our King Church, 2221 E. Southlake Blvd., in favor. P & Z ACTION: June 23, 1994; Approved (4-0-1) COUNCIL ACTION: July 5, 1994; Approved (4-0-1) First Reading, Ordinance No. 480-137 KPG/bls CAWPF\MEM0\94CASES\94-61-Z '7A-- I Um TA is .205 @ 43 o N� A RK ,00 P — "CS cl 3-0 9 3A 2A cg60 Church of 1A Christ Our King 18 6 AC J. Ezell TR 181 3 AC "AG" Z 0 / 266 AC m TR 3F w TR3F1 TR 382 D 144 @ 1.477 AC m TRACT 1E 3.747 AC TR 6A1 TR IE2 r — — — — — .151 @ .173 @ 1 TRACT 1E1 TO 6A 13 1 0 TA 68 236 @ 1a7@: \� 1 .984 AC TRACT 1 ra s �� TR 2C \�� TR 1E1A I „C-3„ ,.66 AC J. Dinsmoor ,086 @ (i TR 28 CjK rq� q3B a, ` .849 AC I� RR 2 @ Sa 0 �l G. Fickes �^ A T.R 2A3A1 1 .031 @ "C-3"2.55 @ J. Miller TR 2 1.59 AC "SF -IA". "AG" TR 2A "SF-lA"; I 5.73 AC H. Carr TR 2A I 2.94 AC TR 1 i I 2 c �w� ADJACENT OWNERS AND ZONING ' 4 TR 2A3 5.428 AC o AKS TR 2A3A 1.189 AC NORTH SCALE:2/ = 40' P O. B. .bHN A. FREE1l/AN SURVEY (� O0 ° 00� 00 �� E _ _ `- 2_4 6. 8 6 ABS No. 529 G 't4/N SURVEY 7' /{//t•JB L AVENUE(2LANE PNAL0L ABSTRACT Nv , � Z F/R£ WAMR ~ AS LT ENTRY TRANSI RON Z � NYDRMIT VALVEpa-GAS ME7�L�R � y /7.5 ' UT/L /TY EASEMENT VOL. /OB05 , PG Q WOOO PLANK FENCE n MS;D PLANK FENCE 8 BR/C COLUMN O Z nPOWER POLE �l co 0 lk ti oo 1 CITY OF SOUTHLAKE o TARRANT COUNTY, TEXAS o IT! p ABSTRACT NO. 1098 =� TRACT 2E o y 1.997 Acres e i - o STREET ADDRESS: 03' 155 SOUTH KIMBALL AVENUE 0 i COVE I OR/VE SrA ff�. g0.76 2 STORY RESIDENCE �A/C PAD o _ DOD FENCE �K A C PAD o PORCH CAR DECK j PORT x 1 1 x —d WROGHT /RON FENCE W w - W i NL/N L/GHT0NCE rPOi POWER POLE, GATE MOG WIRE FENCE b C WOOt F a gD STABLE METAL AWNING g MOG WIRE g C FENCE O G A/N SURVEY `hVG W/RE FENCE ON ABSTRACT ° No. /098 :EA SURVEY S 00 ° 11 08 E 246.86 ABSTRACT No.474 �A—� CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-137 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 1.997 ACRES OF LAND SITUATED IN THE G.W. MAIN SURVEY, ABSTRACT NO. 1098, TRACT 2E , BEING A PORTION OF A 3.68 ACRE TRACT OF LAND, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF -I" SINGLE-FAMILY RESIDENTIAL DISTRICT TO "C-2" LOCAL RETAIL COMMERCIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "SF-l" Single -Family Residential 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 GAORDIZONINQ480.177 Page I �a'_ changes should be granted or denied: safety of the motoring public 'and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of Jand requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: GAORMZONING'480.137 Page 2 r_ Being a 1.997 acre tract of land situated in the G.W. Main Survey, Abstract No. 1098, Tract 2E, being a portion of a 3.68 acre tract of land, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "SF-1" Single -Family Residential District to "C-2" Local Retail Commercial District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to G:\0RMZ0N[NM480.137 Page 3 ^ such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of 91994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY G:\ORD=NQ4 G%A&0.137 Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: GAORMWNINQ480.137 Page 5 Im EXHIBIT "A" BEING A TIIACT or t.A.m tV TIIE C. ti. MAt4 SURVEY, AnSTRACT 110. 1996, SITUATED IN TARRANT COUNTY, TEXAS, A40 DEttIG TIIE TRACT OCSCRInED tM A OGEO OF RECORD IN VOLUME 7371, PACE 2219, OECD RF.CORnS, - TARRAtIT COUNTY, TEXAS, ANO OEIN4' A PORTtON OF A 3.60 ACRE TRACT IN SAID SIIRVCY CONVEYED BY GUY A. SYEVC...: A:iO RICHARD T. DAVIS TO CNItItV C. MOOD RY TRUSTEE'S OCED OF RECORD tN -VOLUME 5915, PAGE" 391, OEzO RECORDS, TARRAIII COUNTY, TEXAS, AND BEING MORE PARTICULARLY OESCRIbEO RY METES AND BOUNDS AS FOI.t.0W91 9EGltltllliU AT A POINT IN TIIE CENTERLI11E OF COUIITY ROAD 110. 3199, MORC C04`0N6Y RKOWN AS KIMB ALL r-CAD MID Itl THE EST UtNE OF SAM NAIL: SUR 'ti!t(, SAID POINT ALSO nEttlG TIIC NORT11REST' CORNER OF CAIO 3.611 ACRE; TRACT ,:ID 8CING, RY DEED CALL, SOUT11 210.0 FEET FROM TIIC IIORTIIWEST CORtiCrt OF SAtO MAIN SURVEYI T!I£NCF. EAST ALONG T11E NORT11 I,tNE OF SAID 3,68 ACRr. TRACT AT 2C.0 FEET PASStNG AN IRON PIN 14 TIiF. EAST LINE t3F SAID COUIITY ROAD AND CONTINUING ttt ALL 351.50 FEAT TO AN IRON PIN FOR CORNER AT THE NORT1tEAST CORNER OR SAID 3.68 ACRE TRACTI TIIENCr S. 0 DUG. 11 01N. EAST At.,ONG A FENCE AND ALONG T11F. EA;T t.tNE or SAID 3.69 ACRE TRACT 246.86 FCET TO AN IRON PIN FOR CORNERI TIIENCE WEST AT 332.6 FEET PASSING AN IRON Pitt Itl THE EA:'f LtttE OF TIIE A80VE REFERENCFO COUNTY ROAD AND CO4TttlUING IN ALL 352.E FEET TO A rOtNT FOR CORNER IN THE CENTER OF SAID COUNTY ROAD, SAID POINT nrtllf; tH T11P. "WEST LINE OF SAID MAIN SURVEY AND THE WEST LINE OF SAID 3.68 ACI(C TRACTI THENCE NORTH AI.ONt; TIIC CENTER OF SAID COUNTY ROAD AND Tllr BEST Lt11E OF SAID ttAIN SURVEY, SAME, BEtHG THE WEST LINE OF SAID 3.68 ACRE TRACT 246.06 FEET TO THE POINT OF UCCINNINCt SAVE 1. EXCEPT ANY PORTION OF TIIC. SU"JECT PROPERTY t.YtHG ;N A ROAOAAYt PUBLIC OR PRIVATE. GA0RD\Z0NQ4M480.137 Page 6 -?� -10 City of Southlake, Texas MEMORANDUM July 12, 1994 TO: Curtis E. Hawk, City Manager FROM: Shana Rice, Assistant City Manager SUBJECT: Park Donation Policy s During recent months, staff has noticed an increase in the number of offers to make donations to the park. These donations come in the form of cash, in -kind services, or materials/equipment. The attached policy has been drafted to provide guidance to staff when an individual or group offers to make a donation to the park. The Southlake Park and Recreation Board approved the attached policy at its May meeting, and wishes to forward it to City Council with a recommendation for approval. Please place this item on the agenda for Council consideration. 5 CITY OF SOUTHLAKE PARKS & RECREATION DIVISION Donation Policy In an effort to provide a consistent policy for consideration of donations to the Southlake Parks and Recreation Division, the following policy will become effective immediately. 1. Anyone considering making a donation to the City of Southlake Parks and Recreation Division should submit a proposal in writing to the Parks and Recreation Coordinator. 2. The proposal should include a complete description of the donation, and, to the extent applicable, pictures and/or detailed drawings, preferred location of the donation, value of donation and any stipulations that might go along with the donation. 3. The Parks and Recreation Coordinator will review the proposal and make any comments/recommendations deemed necessary. The Parks and Recreation Coordinator may: a) accept donations of living plant material without approval of the Southlake Parks and Recreation Board, and may place the items where he/she deems appropriate, and/or b) accept cash or items valued up to $100 in value . 4. The Parks and Recreation Coordinator will forward all other donation proposals along with comments/recommendations to the Southlake Parks and Recreation Board for their consideration at the next regularly scheduled meeting. 5. The Parks and Recreation Board will consider the proposed donation and make its comments/recommendations. At the Board's discretion, donations may be forwarded to the City Council for final approval. 6. The City of Southlake reserves the right to accept or reject any item submitted for approval. 7. The potential donor reserves the right to withdraw the proposed item at any time during the approval process. 8. All item(s) will be considered for acceptance on an item by item basis. 9. A permanent location may be designated in each park site where donations will be recognized with the item donated, the name of the donor, the date of the donation. Press releases may be issued immediately following the acceptance of the donation and issued to area newspapers. 10. All accepted donations to the City of Southlake will become the property of the City of (W Southlake and will be used at the discretion of the City. 5,6 —02 City of Southlake, Texas MONTHLY ADMINISTRATIVE CALENDARS AND DEPARTMENTAL REPORTS July 1994 Building . . . . . . . . . . . . . . . . . . . . . . . . 4-A Community Development . . . . . . . . . . . . . . . . . 4-B Complaints . . . . . . . . . . . . . . . . . . . . . . . 4-C Finance . . . . . . . . . . . . . . . . . . . . . . . . 4 -D Municipal Court . . . . . . . . . . . . . . . . . . . . 4-E Public Safety . . . . . . . . . . . . . . . . . . . . . 4-F Public Works . . . . . . . . . . . . . . . . . . . . . . 4-G Street/Drainage . . . . . . . . . . . . . . . . . . . . 4-H Utility . . . . . . . . . . . . . . . . . . . . . . . . 4-I rm I-rlh op 00 n b n o dCD co coo CD O Oy � y C CD CD C) um®®®m b �ro p� o o �d o ao Finn Q C° CD o CD o ' o w CD 'b CD cn CD a cNn .Np w CD o aCD ,b N �• a p, bd 9 o' 0 .�^.. � a aC, O CD CD CD � � `C `C rd z � � BCD to Ivl IU I f o' 0 BCD O y 0 0 U �� CD b E; N � � o aCF" CD a o' cD b a C CD En FZ cn �a CD O CD ao w CD a o a o CD o cn cD CD ao 0 a - CD cD a m00©F CD aCD �. o o o' �. 0 rd FO ara co CD cDCD W CD C ,a O CD' p- 04 a � f� o p. CD In CD ►4CD 0 CD a O m 0 3 13 0 r4 cD O V U1 CD p n O Z Z CD Z � OZ _M(l) CT -'I C — Km mn (.0-Z-I � Z 00 �D m JZJ — 1 O A N O 00 CAD (�D f�D 0.4 O �' O 8 0 � 0 � 41. 0 n d w It "OO Uo <'" ` O a i-- . ' f~D CAD b �� n n rl, fep � . r v� ►y .7 fD b 6 F, O b o 0G `� CD o n ro ro d O O O CD N CD' 0 ° a d o o o o °, ►� �CD �CL CD oCD r+ CD � 0 o � ° ITI CD u CD o' o a CD OrQ rd Q. 0 ts. N 0 \o %o o %o %o �o �o %o %o � \o 4N. -0 4�6 0 0 O o 0 0 0 0 a�CD a o 0-0 0 n 7c' w `' o c°�u � " � � � oo CD CD ►, a n 0 C� . j ' CCD f� R. a 0 0 `C 0 > O d n CDrq �b-j. `C C 0 a0� G a ►d � �� CD -. b ' En O �• �• ru A. CD ao p 0 o ►�, a 0. y �. CD a 0 oCD o ma's CD c�i CD a. c� CA N 0 to 9 pm It G i 90 D6-nMAMSIA0d3lMdMbJ (L£) SJ dId0d2I 90 'ON 'IV LO,L 99' K 1 `9 $ dflNdARN gVJLO.L (SZ) SdSHO dO 'ON 90'61 t, aWOONI SflO9NVTIHDSIW (I) SdSVD dO 'ON 00'001 i NaKILsflfQd d0 crdvoq (0) SdSVD dO 'ON 00'0 SIBAI Idd dSfl OIdIDddS (L) SdSVD dO 'ON 00'OLO`t, JNI.LLd'id (0 SdSVD dO 'ON 09'999`I $ JNINOZ t,661 9Nflf 0£ JNIQNd H,LNOW dHI 'dOd ,LWOdaH 9flNdAd2I ddd .LNRWJ,2Idd9Q J NgWdO'IdAdQ A LINf1WWOO sexaIglnoS to Apo s CITY OF SOUTHLAKE GENERAL FUND Statement of Revenues, Expenditures and Changes in Fund Balance for the period ended June 30, 1994 with Comparative Actual amounts for the period ended June 30, 1993 REVENUES Ad Valorem Taxes Sales Tax Franchise Fees Fines Charges for Services Permits/Fees Miscellaneous Transfer In -Other Funds Interest Income Total Revenues EXPENDITURES City Secretary City Manager Support Services Finance Municipal Court Fire Police Public Safety Support Building Community Development Streets/Drainage Parks Public Works Administration Total Expenditures Excess (deficiency) of Revenue over Expenditures OTHER FINANCING SOURCES AND (USES) Proceeds from C.O. Sale (net) Excess (deficiency) of Revenues and other sources over Expenditures FUND BALANCE OCT 1 Net -Reserved for encumbrances ENDING FUND BALANCE To Date 1993-94 Actual Budeet /30/ 4 $2,204,198 $2,078,898 701,500 589,673 336,400 387,109 231,440 168,436 57,250 44,156 1,088,000 1,212,752 17,940 21,524 159,446 0 50,000 76.408 $4,846,174 $4,578,956 Percent To Date Actual Percent Collected/ Actual Total Collected/ Expended 6 0 9/30/93 Expended 94.3% $2,096,280 $2,144,650 97.7% 84.1% 401,458 636,737 63.0% 115.1% 284,342 305,909 92.9% 72.8% 131,176 182,271 72.0% 77.1% 41,532 59,086 70.3% 111.5% 899,017 1,251,287 71.8% 120.0% 32,190 44,846 71.8% 0.0% 0 159,446 0.0% 50,475 54194 93.1% 94.5% $3,936,470 $4,838,426 81.4% $200,879 $135,944 67.7% $96,900 $143,026 67.7% 178,078 142,472 80.0% 104,479 152,073 68.7% 602,109 451,089 74.9% 325,523 502,644 64.8% 261,838 194,006 74.1% 156,024 205,844 75.8% 168,605 109,731 65.1% 97,944 144,786 67.6% 720,144 480,823 66.8% 375,241 566,832 66.2% 1,024,789 764,726 74.6% 637,097 895,343 71.2% 439,410 292,061 66.5% 273,497 357,268 76.6% 258,492 174,475 67.5% 114,608 154,005 74.4% 273,625 193,668 70.8% 171,374 234,170 73.2% 1,417,086 760,432 53.7% 522,260 857,494 60.9% 196,307 152,640 77.8% 67,443 138,224 48.8% 121,405 99,770 82.2% 46,304 102,064 45.4% $5,862,767 $3,951,837 ($1,016,593) $627,119 565 000 $565,827 $1,405,310 $1,405,310 0 0 67.4% $2,988,694 $4,453,773 67.1% $947,776 $384,653 $947.776 $384.653 $1,125,708 $1,125,708 105,051 105,051 $1.968.433 $1.405310 I W W 4 a A E+ z H a W W m0. 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ICI M Wcc N =3 QrQ z p1r+ C H O W Z O W Z Z OC W to J Q N N ww QZQsJ J s 2 t G yd sw� JZ U' U W W Fy)J G�gg]'5 NW IAQ 1Q-Q QU W W NNQ la-� la- 5 JK Z_QH ppW 1¢- Oqq �KS JK ggZ_OpWC aH O> O O > CJ t=nO Y�tJ t� p pd�L3 NO QaCS 10>- p0 C', 8 pO ppp pp 3 pp pp C� ¢ '� CD `n to OI W? �N-W �110 CD O1 W CS O d O REVENUES Water Sales -residential Water Sales -commercial Sewer Sales Sanitation Sales Other utility charges Miscellaneous Interest Income Total Revenues EXPENSES Water Sewer Sanitation Debt Service - Revenue Bonds Other -Line Oversizing Transfers -other funds Total Expenses Net Income/(Loss) CITY OF SOUTHLAKE WATER AND SEWER ENTERPRISE FUND Comparative Statement of Revenues and Expenses for the period ended June 30, 1994 and June 30, 1993 To Date Percent To Date Total Percent 1993-94 Actual Collected/ Actual Actual Collected/ Budget 6/30/94 expended 6/30/93 9/30/93 expended $2,018,500 $1,566,933 77.6% $1,224,671 $2,294,377 53.4% 418,000 317,150 75.9% 259,856 438,097 59.3% 270,454 256,057 94.7% 156,140 237,213 65.8% 320,000 251,748 78.7% 217,518 296,252 73.4% 197,078 266,292 135.1% 208,856 564,251 37.0% 17,500 53,899 308.0% 46,372 75,380 61.5% 24,000 50.470 210.3% 23,223 30,118 77.1% $3,265,532 $2,762,549 84.6% $2,136,636 $3,935,688 54.3% $1,850,369 $1,035,356 887,178 439,109 288,000 200,794 81,895 81,901 25,000 19,713 269.613 110,167 56.0% $752,045 $1,879,712 40.0% 49.5% 397,192 428,582 92.7% 69.7% 170,334 263,050 64.8% 100.0% 46,503 79,719 58.3% 78.9% 3,072 24,072 0.0% 40.9% 0 267 295 0.0% $3,402,055 $1,887,040 55.5% $1,369,146 $2,942,430 46.5% 1 W W U a a Q H z H a a A t t tt t � tt W W O %D u1 rt M NO V MOOS OM O W co CD V� o� H N U o in M N M to o m m o M o V 0 m kD %D O 0 a H • 0 M O1n 0; w 0110 N .414 0Oi 01 M vco .o� %*v n v 0%1 n N v%0 co CD r� u1NMM Hl WMTMrIN nn .i V V O c n %D .-t O V.4 VmO n rt to V%0 N N `J M M •n 0%D-4H w H %D N N O O V •4 Ln Ln Ln Q W Wp 0000 O O O O V O O O D D O N 00 N N Ez 0000 0000tn oo or 0M 00 M M O o, 10 U Ili 00Ili V W o 00 OO 00 u1 ul ul r DDOOnONO ulN N V V V ul ul H W �4 •4 .4 •1 O �4 n N N rl M N N N %D W WpS O v .i N M N N N N M M M W t Q t u1 N co O %D r4 OD Ln .-t ON u1 u1 O N 00 ul u1 LG VaP t {q VMV0 nrb%D 0%Vn 0V -W co .i 14 OD CD m O t OP M M '4 ri ri ei N N O t �1 M � W E\r H o A H (a� m Qp� a W U 0 E zx t °zaz Mzz0 0%0Ln'1 0w0vr0H or ON OD 00 H 1-4 W W z >+ o Ln o N W V O O H O W O un 00 %D %D rn m t Q t 90; N 01 4O0; 10 r 1D9 rl V u1O 0; a; O Cp R40:0 In 0)Lnm Minn V 1n •.4 V NN OOD �D k0 V V ° atn t U V.1N0 0 .1MV 04Jr rLn 00 -4 V V ui W H f M M ; 1; Hz 1 L V N O O N N N P4 Ln in r N Ln M Ln H 14 Ln ut Ln %D i4 1n M 11 N N kD n r E H N N N H U zsC 0 00 W W OWO O%D 0%0 O N N (4 V V D o 00 1om9Li i9Ln oco 09 rr n r U O 00 in w O O V u1 N u1 ul O V ul u) 0% m u1 r N -t N N OD Ln N N 0\ '-4 N 00 V V V a 1- tl Orr7N NC O NN V v n %D V N %D V co N N V r r .q .-t 0 %D N M N r co co M V V V to z 0 p µi S U z 9 p W W O tAU zHH W �7 Ipa,z H A 0H HWz N wx CUy7pVµ��17C > ~7V N t7I'l A I IU?W HWH4 Ho WW W MAD x 1 I W kV� �saOa�tAUW0 sHs�C Z pEG a W Z-aQ + HZZWzZO Utntn N �a U�Ct27 E2 C Z. 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N 01 O N 19 .--1 O ("1 O ct 1n In 19 C W t O pp N1n 01.-1 W -%tID 1D -a a0 - ct In M M M M Op J i r co (D w1ns cf O1010— In M.-+CO Ot<ta OW O T O1 M O W 2 V k Q f\ Ir cc) Mo a'O to U7 M a 10 .--1 to 10M OlG r of w N # .--� .-i O1 01 N .-� M 01 1� . -� 1n b N N M O1 N 01 O O 1, Q W r-i i 1lj M a .-1 1� N M M .+ 1� m O O CCDD U d Ii i N N N Q O M ¢t N N > \ t W f 1 O O O � O O Q 0 N O. -1 O O 1 n a) 0 0 0� --1 M t n O a D a < 1� U J O O O O O 1'1D 1n [D c0 N cO Ot O O O 1� t O O Ol 1l1� 47 . . . . . . . . . . . .. . . . . . . . . . . . . cn -It c3� N 010n a-o-Go 1N t 100 M10n �� 10100 n m� mm M iU n M 1n NN OM OM G ,r N01 10 N N N Q 01 M ID m .N-1 .--1 ti f\ Q N cc)."1 f\ 10 1D cm1D N M N N M Ix O O > > r¢ r¢ r 1ri K K Z M VI p W N W O Z W Z p W O W r W N W N 1U-I Z r 1 4 W f/ZOI p ZOy t W VOzf ONz R R t 7 N W 4 . W .-+ 'n W u> s Y W 1-+ 1A U> 1Ri W Ia- U U W W 4 cc to /- W w Q # K N r W # IA # t Q IA N D 4 p W QQ (n J # W Q IA J 4 Y t Q W Z 1-+ k W N J (� Z r I W Q r # N J (9 2 W Q r # J # 4 W p W r 4 N Q .-+ W r U Z 7 i Q .-r W Luu # Q R # �J D_ 00 J� J a. 00 7 Q }[ J J W r m I A) C J W r m( A X J r J J 3 W r Q Q ZZ UQ O W W rA V I J Q Z U O W W I A J Q U Q Q K Z O Z O pCzz' (�W(IQQAA�]1 J d' z_ QH W 1a- O Zp� 11 J� W a Z OW 1--1 O Zp� O Z O O > O OOQ dC.)- NO i u ao VQJlNOF mU U cO 00 N O O W r N (:3 OO p OOOOOOOOO tx OOOOOO pOO O I-- p 1¢W ton 10p Q N mN 100 m MW a N m IOn W U W W 3; N U VZ cm3 In N 0 'n LL CITY OF SOUTHLAKE SALES TAX REVENUES six year comparison 1993-94 collected budget balance budget to date balance percent $701.500 $649.249 $52.251 7.45% ISCAI;:xx F AL F...... IS AI > 1~ I$OAL FI$C tF,AR I'ER % Inc % Inc YEAR:: % Inc I'i✓AR %Inc BAR %Inc MONTH $$18 $9a (Dec) 9Elt (Dec .:(Dec)93 :: ec4 :::(Dec) October ," 0 3 ,7 6 35.1% 4,fl$f 16 7% .46,71t 6.0% Sfl,9S ; 9.0% 4#l$: 95.1% November 15,42$:4>3 59.3% . 3,1 510% `::27,92-9.K -24.8% 4216 50.8% ,63; 20.2% December 1 i,$3t3 21,flS2; 18 1% 2$,4d4 35 2% 33,73 16.9%1.7% 7fl 135 107.3% January4, 3 28.8% 47ii1fl < 367% 4i1{ll -15.1% ,il 69.2% 1 f 41; 57.3% February 15,$4;S,IS9$: 61 0% 2 4$9 -12.1% 44,1ti 78.4% 3,35I. -1.9% $39: 47.0% March 14,77$ 311, 107.5% 32,95 7 5% i,48 13.8% 44161 17.8%,37$ 34.4% April 4$>� 5.:»<3?20t�1 -23 5% ' 41,445; 11 4% 57,543: 38.8% $,664 19.3% 87,43$ 27.3% May 27 $24; 31 1 13.2% : 3fa 6 Ti16 3% 41,Uj6' 12.0% 54,623' 33.2% ,2 1 6.7% June ?4,fl51:: 3?,447 55 7% .. 3? $94' 1 2% 43 105 13.8% 52,027 20.7% s,i 14.5% July 3$ 83t?; 5137 33 0% :. 4� fl.l -8 5% 51 357 9.2% $0,567 56.9% August 22,699 3i,969: 40.8% 35,SI 12.5% 4$,i31 35.5% 4$,29(i -0.9% September 14; : 4.2% 7.0174; ° 13.9 /o 4�1: ° 15.5 /o 5� o 27.3 /o TOTAL $.. .. a 9 $r3 Ei,1# . 271% $44$,14W 13 1% $51flfl36.` 13.8% $636;73$' 24.8% $64 , 4 ; 43.2% SLSTAx94.WK3 REPORT DATE 07/14/94 ' First month of 12 cent additional sales tax. Reflects 2/3 of monthly allocation total $87,436.39. CITY OF SOUTHLAKE SOUTHLAKE PARKS DEVELOPMENT CORPORATION SALES TAX REVENUES 1993-94 collected budget balance budget to date balance percent $160.000 $58.934 $101-066 63,17% FISCAL YEAR MONTH 93/94 October $0 November 0 December 0 January 0 February 0 March 0 April 0 May 29,145 June 29,788 July 0 August 0 September 0 TOTAL $58,934 SLSfAX94.WK3 07/14/94 N M m aeaeaeaeaeaeaeacaeaeaeaeaeaeaeaeaeaeacaeaeaeaeaeaeaeaeaeaeaeaeaeaeaeA aeaeaeaeaeaeaeae A D) nWW'DWWneDwaO(D(D{D(pap�OVwWWwNnNVOMOWW•-WOV '70t"fl�tDOaOMwnQnnNNatwEONID(DO(DWNnM�'WEDMMOn n mv" -ANON aeae v ON nnM(DQOtO(D ulco V OIDWNN(D^IOnOWOaO— to-wlflnM{O�-OIDOnaoWwaW�pnlD W wMw aDVM t w MVaD w l W -tOM w aMO�wMaoN w Nir-w�M ww N � N +1 C W IOaDNwNONif7(DDDMO�tfOMnW�NOMMW00(DNaOtllaO�D(D�aD OaoaDMfOtDapaot0{Dwl[1NIOMONWfDmOtD1D�MnWMwOMN00 mr-N—vomr- m�+ . . . wmtnwwr-mm O� E a . . . 18wWwOwa0f0MnM(D(pIDaD1000D�'n�NN(pWwwO{DM•-a0wln WVM�ooWOD(DoowONfOMtDaDWONf0Vo ww�DNMNWtD OMWQOVMw (p�D a>C o wwmwWMr-WNWM aoaoWWmWnaoNWM•-MWOWMW MtOVmMVnWCO COWVWNWM MWN"WWWN cDM wN F- M NVWOaowWwao WNnDDt)O(DWr-VWMWnoO MOWr-OnMWO nOwNWwWc-)ww -WnmM NMwww—cm Nw nW VMwnV ww W WWV -Twr- W MWO—In OVNV OfD't WwNWaW7tVv) 0 a9 M co w Mw w VWNw M r'M w O N N w N NNNNNNNNNMNNNMMNNNNNNNNNNMNMNNNNNM/ N V►NNNNNNN N NN N C nMW{Ot)aDWWNIDWwMr-MMNfD�aO�WMetQMOWMOWOw� wWWNWWVOWwW WM.-NM—Min wW --- r t)OnONWWWMWWwWWWWVNw —MMOWMWaO ctn W NO, aowvOOWwwwwNaDWNnOMatWWwNOWWNMMn�-wt7WN t)Wcot)con,--O OtD a)>.a w OWWWVoaoWaoMWWWnWWcnwMMVWONWWOWWWVwWv WNow�-WWW w ao MOWNWaNWaowWaDtonvWaoMnvNovaowWwMnwnmV110 nvmowwWM MW O 0NaWWcoOMMOr-VNWVNnWcoWVW—co N—OM Oco0GoWW con MaDwWW CDw v►- nN10NaowaDMWnVMWnV)"WCOWnwNMW nNMWWocDMW CD V co W W MWv Www V M—VVW VW•-v Omw WwM WV o _ ao M _ '- Nw N nnNw- N wV w 3 7 i N NNNNNNMNNNNNMHMNNMNNNNNNNNNNNNNN+AN N NV►NNNNNN N NM N r L G aeataheaeaeaeaea.aEseaeae�aeaea=ataeaeataea=ae aPaeaeaeaeaeaeaeae acne ae aEae ae C !C EE a V IDNOVNNwwWOOwaoOVNOVVWnr-WM wOMMWNMWN VPaONW�Na0t00lth'QtDl��P�(OVWnDDOWGiaDvowr%mWaow WM n con Novom a0 30 O or- OCR U 3 NnWVNWOwa7WaDWWr"Na9aDnOVONWW70aDNMwaDVMN VM»M=OM com U a at ww ON I w W"N wwwVNVw I wao w N nwVM � Nw G U O ++ Z L 3 a >.L aowaDOwOWVIOooatWWnaDWeWWMVIDMWOinwOnaoaoWWW WMOOWOOW WO a as vNMWWVWnoNWaonNONMWwWwWWNooaoaonWMWw NWOOwOom NO w o >. 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O >. >. +� O Y7r- Zw TLLCC) LW—.- Ma M-V 0++0 W +' C vM00»Ww C Oaw NoMemoCC03 aaYLa C 00 C w C 7 v OIL OZ>.W Lw N a+F3 > Er L'03t-- U MO a NE— ova O 3 C�-++ _ _a 3 w 3 3 O CCOL 0-00MEN "WOW++Wm OwwmUwLCOZ3r-3W O LWOU WMO O CO O c) awwDm�33mmLW+�CarwNwComN�++wZWr-N++a+++++J C1 0—w0C.YC0 t> >.313 V L.-'DC3r-0-CHWLL0a—NLwCYYC C.-U>tDC341NN-- LLWm—OLa'D3>OOLLOW3WmaaaOaWr-VaaO400Z .--waa3LWNW L.oa OQtOtOtDV(,)OWWWtLLI-ComSSYYJJZZdaix Mul 2333 >.D3.4aWL3>. LLm FQt7a+J.'EFf-F- MO]Z MUNICIPAL COURT MONTHLY REPORT JUNE 1994 TRAFFIC NON TRAFFIC y Non State City Parking Parking Law Ordinance Total 1. NUMBER OF CASES FILED: 816 2 21 12 851 2. DISPOSITIONS PRIOR TO TRIAL: 0 A. Deposit Forfeitures 0 0 0 1 1 231 B. Payments of Fine 217 5 8 0 150 C. Cases Dismissed 150 0 0 3. DISPOSITIONS AT TRIAL: A. Trial by Judge 0 2 (1) Finding of Guilty 2 0 0 (2) Finding of Not Guilty 5 0 0 0 5 B. Trial by Jury 0 (1) Finding of Guilty 0 0 0 0 (2) Finding of Not Guilty 0 0 0 0 0 C. Dismissed at Trial 0 0 0 0 0 4. CASES DISMISSED: 0 68 A. After Defensive Driving 68 0 0 B. After Deferred Adjudication 42 1 1 0 44 C. After Proof of Insurance 121 0 0 0 121 5. CASES APPEALED 0 0 0 0 0 6. WARRANTS ISSUED 18 0 18 0 36 TOTAL REVENUE COLLECTED: CITY $16,614.57 STATE 12,073.00 TOTAL 28,687.57 • MUNICIPAL COURT MONTHLY REPORT r MAY/JUNE 1994 COMPARISON 1. NUMBER OF CASES FILED: 796 851 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 B. Payments of Fine 211 231 C. Cases Dismissed 147 150 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 8 2 (2) Finding of Not Guilty 0 5 B. Trial by Jury (1) Finding of Guilty 0 0 (2) Finding of Not Guilty 0 0 C. Dismissed at Trial 0 0 4. CASES DISMISSED: A. After Defensive Driving 80 68 B. After Deferred Adjudication 9 44 C. After Proof of Insurance 99 121 kw CASES APPEALED 0 0 6. WARRANTS ISSUED 37 36 TOTAL REVENUE COLLECTED: CITY $19,436.60 $16,614.57 STATE 12,597.50 12,073.00 TOTAL 32,034.10 28,687.57 Im bi is ri A 04 ro U H �I N 4) N N -ri cd 1~ r-i a) ri U 4-)A N N •rl !y a)is a) r�r rd 04 (d �4o \ �400 $400 (dM NPQ d� U roU U w a) >. 3 O 4-4 m 44 �1 O 4-4a)14Jr0 4� 11 4) a ?C (da) rti UN Aa) fA Acd A(d �N 0 aCi ri % W O ri PQ ri r5 P4 a) rd rd Si 4J j� 0 r-I }4 UI 11 I~ H 0 4 0 r-I O 3 0 W : �i rig N a) -ri a) r-I O U (L) r-I .0 Q) r-I 1-) 0 (d P a Oa �i O P 00 m 4-) 4-) 4-)A 44 a) 4 aA4-) m ri a) aAb) r a) aAM bl~ 4-)ro .0 4-JO m •ri (d>1 oa(d rd oa0 0a0 a0 cd cd (d 4) E �i A r I E ri r I E •,� r 1 ri •ri Ul q s~ f~ U A 'b a) (d O 0 r-I a) (d -w 4) (d 41 3 bi 5 ri (d ri rd ri 0 rO O � 4 O 4-)0 > U � N 1.J U A > U 4 4) ri > U 41 4) rroi I~ (d '•ri -ri rd I �4 rn � -ri P am r-i ro . 0) ro ro ro• E l 0 O O -'4 O �4 CX4 P O a) � S4 A � I A > 1 I ri 0 �4 0 O O 0 P4 O U a �+ •r, a) (d s~ •ri � s~ ri � cd o �+ U 04 U U 3 H a 1114 (d H A 4-1 z U H A W H A U) A 3 3 C O O O 0\0 O O C\0 U') 00 O 0\0 off° 0\0 0\0 00 O tl1 M r I d� Ol 00 O O O O 01 4.) ri >ti 'c;r 0) E•1 �... �: ' aai a 0 0 rn h sn H aC cn h h N rl M Ol vi r� �I JJ-) A s~ s~ s~ s~ >. h h a Pi h U o a) w (d h (d h cd h rd h (d � v o � 4) U N r-I 0 C7 0 ri x a) o 0 a a (d 4J P- a) H 4-I U �4 U N \ S-1 td bl + 4) U bl «S i4 U rd }•d P....,>:.: ri) 4J to U (d 1~ 4-1 >~ (d 1~ ro S 4 O (d > (d CQ 0 U H ri O w w w H O 4) ro Q) O N U U N U O ?� 4) N r-I O (d ?� N H to r-I N O -X r-I (d � �' U O bl 0 O fl 0 0 UU 0 U a) (d Aw E w E 3 O M U£ r-► a w w r-I N M d� L(1 W OD Ol ri ri CC Q 0 Z rn W ULij LLI jN Cr Zaz O Q Doi 0) rn aC rl cU-H o �' x � aL) ED tr cd H H � a) 3 r-I b O bl a�i i r-I �4 .� a) U cd tX4 � to U G � N tr � r-I� tr b 4 � 0 ri �4a) 'b U x O r+ rl (d a �4 -r1 a� t71•ri r♦ a r{ r-I (� a� ri ri 1) ,� U r� �, U1 A t3) 0 4 �4 w ni � N a -r 4 O a� 4-4E w cd A o Ra Ul 4 L8 ul E 0 �40 cd (d -rl r I J) O O J-) CO UI tJl u )-) U) bl cd td •, -r-I rtS ro Sa u1 t71 t71 O to G U t)) �4 w 41 a) to �4 rn a) W to r� A 30 O a) - 4 4J 4-40 M U U a) O ro a) b) 'd G (s, 4-) m u 0 a) 0 (d O i-i 4-)0 P a) a) •� to C7 a) �4 •H �4 �4 u U (d O r i rd A a a� 4-) 4-34J 04 a� 04 4 4--) �4 a) •,i �4 •ri a) o I • u r. p ro•ri r. � � -r-I o 4-) ni •ri a) 0 �i H 4-3 -rA 0 (d 0 rd 0 r. 4J •ri 0 -1-3 0 0 (13 O 0 Si a Mow a ar•a U a (d S U H a Au a uw 3 uw.J A t o� 0\0 0\0 o)p 0\0 0\0 0\0 0\0 0\0 ova 0 0\0 Ln ow 0 Ln Ln Ln 00 0) 0 0) 0 00 0 r-IM 0 0 r-ILn 0 0 H Ln [- N N O r-i cd G a `13 w rn rn r-, H r-i a) Q) w oa U Owl Owl 0) r�I t31 tTl r�i A � H h h U O U 4-)v U C=+ F] FC h C*a rt £ f'r1 M M \ \ ul 11 J-) J-) J-) J-) 1 4-) fir' �%+ �"• �, �+' U U U U U U 04 U H a 4-),b o ° �i r�-� 0 a�i U a �4 r. a z o U M r� m a A a� o 0 a r, o H w P �4 U bi x �4 rd �4 r-I0 �4 to w -r-I �4 Gd b H O 0 0 t71 fd rtf a O rd rd Ul x H 1) i4 cd 0 p, H as r� 3 o a 3 U a� O 4 .�C U A as 1:4 U b U a a a� z u a) z x �' X °0 r-i o r-I U w ° o r, a� ) >4 U 4J(d a a� r-i ni rn q a� us -ri 4 ul ui a) � 0 (1) o a) (� r I U 4-) } i UI �+ y O Sa rd r-I cd O a) CJl ri •,i cd O ri m m )-% r I H to A a) (d a a ! 4 0 m� > �4 k 4-) -11 -r-I u) a) •,� W r-I N E a 0 to f-�, ui a� to r. 040 a) u1 ro ro R, �4> cd cd a) [n cd O Wx W cn 0 WH o U a� (x o UGL W� �V W H� WQ+ i)iu H=� Ln kD a% O N r-I N N N M N d N rI r-i r-i r-I ri H r-i �-=z CC 0 z --tt w °' Q�C)) Uwe F_ 6 ��L. 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U O U N •� � cd •r-I Sa Sa Ei H E4 G HFW] w o vri . > A a r. 04 H H N N W 00 N al N O M ri M N M M M d� M U1 M lD M E� M CO M O1 M O ri N M d� U1 N N N - �F-3 SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY MONTHLY REPORT .June, 1994 POLICE SERVICES Citations Issued 853 Residential Burglaries _0 Arrests 33 Traffic Accidents 16 Alarm Calls 167 Animal Calls 56 Thefts Under $750 _6_ Thefts $750 and up _4_ FIRE SERVICES Residential Fires _4_ Commercial Fires 1 Other Building Fires _0_ Vehicle Fires 3 Grass Fires Fire Alarms - False _18_ Fuel Spills/Leak _10_ Other Haz-Mat Calls _2_ Bomb Threats 0 Other Fire Calls _12_ Business Burglaries _4_ Vehicle Burglaries _3_ Assaults New CID cases assigned _46_ CID Investigations Cleared _30_ Active CID Investigations _49_ Ambulance Calls: SUPPORT SERVICES Total Police Service Calls _801_ Total Fire Service Calls _43_ Crime Prevention Surveys _3_ Total DARE Classes Taught _15_ Warrants Received 66 Warrants Cleared 10 Total Warrant Collections 210 Vehicle Accidents 9 Non -accident EMS 26 Total Patients Transported _15_ Grass/Weed Complaints _13_ Burn Permits Issued 1_ Pre -fire Inspections _18_ Building Plans Reviewed _14_ 7F-5� Total Training Hours: Police 549 Fire 100 Communications 32 Volunteers 16 Total Personnel Trained _23_ 9-1-1 Hang-up Investigations _5_ U LU cr- CL J m D a. . .H W: 0\0 0l0 0\0 0\0 0l0 0l0 At ,v o I CM 0\0 0 0\0 O o 1 O 0l0 I 1 0 i o O 0 LO Ln o 0)0 0 0 0 0 0 0 0 : L� ri I Ol Ol ri Ol H ri 1 rI Ol I I ri M 1 r I M Ol d� Ol Ol Ol Ol f'M m all Ol M Ol d� Ol Ol d' Ol d� U1 Ol Ul Ul \ \ \ \ \ \ \ \ \ \ \ \ Ol 1-1 H rl d• O Ln O Ln O 0 r-i \ Lil O O Ol M r I Mr Mrn M O O H (t O r-I ao l0 kD O 00 [ Ol L� \ H O O O O 0 r� O O O O O O H O -XXX_...;:. d• Ol M mOl d� d• Ol dq Ol M (MOl M M Ol d4 Ol d� ON M O) d' Ol d' Ol Ol Ol O1 H E3 Ol N O H ri r i l0 ri O 0 w r I r-I O O w ri ri ri M O O O N O N m N O O N N u 0 E. rl [� W N N H W d0 N 00 r-I o Ol O O O O O rI O O O O o 0 0 o O p O A M M M d• N M Ol Ol co o Ol [� Ol [� m Ol Ol 0 Ol H Ol LnO co Ol O1 tb OlH Ol mOl r I l0 v N O O ri N O o '�" o Hr W O r i u O C O l-o M ri o OD p 0 O au O O rI O O O H O O Ov o ri oW a w H w M M M M d4 M M M M d) O rA� F# Ol Ol Ol mOl Ol Ol Ol Ol Ol mOl Ln r- [� L` N l- L(1 N ri r W M Ln i IF.H N rl O O O O . 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Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Interlocal Agreement Between the City of Southlake and Tarrant County for Paving of South Peytonville Avenue. This is the standard form Interlocal Agreement between the City of Southlake and Tarrant County. The Agreement is scheduled to be acted upon by the Commissioner's Court on July 26th. The Agreement calls for the County to reconstruct South Peytonville by stabilizing 6 inches of subgrade, apply and compact 6 inches of flex base, and resurface the roadway with 2 inches of hot mix asphalt. The County provides all labor and equipment, and the City agrees to pay for the actual costs of the materials. Funding The estimated cost of the materials is $55,000 and is budgeted in Public Works Department, Street and Drainage Division's account 995.00 Street Infrastructure. Background Information 0 The City has let and completed a contract with Bil-Mik to replace the old 6 inch water line which was in conflict with the new pavement. • The City has let to Wright Construction and is constructing the necessary drainage structures and clearing the right-of-way. • This project was delayed originally to accommodate saving as many trees as possible. • Delays also occurred as staff worked with the property owners to obtain the necessary right-of-way. Schedule !Tarrant County is scheduled to begin the first part of August. They estimate it will take six weeks for completion. As part of the Interlocal Agreement the street is to be closed to through ,traffic during this construction. School traffic will have to be rerouted. J Curtis E. Hawk, City Manager Tarrant County Interlocal Agreement July 14, 1994 Page 2. Please place this on the July 19th agenda for Council consideration. BW/sm Attachment wpfiles\memos\tarrant.pey N ,S,q-z THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS CONTRACT This Agreement made and entered into this the day of , 1994, by and between the County of Tarrant, acting herein by and through its governing body the CommissionersF Court, hereinafter referred to as TARRANT COUNTY, and the City of Southlake acting herein by and through its governing body, hereinafter referred to as THE CITY, both of Tarrant County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, the party or parties paying for the performance of governmental functions or services shall make payments therefore from current revenues available to the paying party; and, WHEREAS, the governing bodies of the two parties find that the project or undertaking is necessary for the benefit of the public and that each party has the legal authority to build or maintain the project or to provide such service, and the construction and improvement thereof is in the common interest of both parties hereto; and that the division of costs provided for constitutes adequate consideration to each party; set project being more particularly described as: Reconstruction of South Peytonville Ave. for a distance of approximately 4100 feet. WHEREAS, the CITY agrees that it is solely responsible for the furnishing of flag -man and all warning devices necessary, or required by law, to warn the public of dangers in connection with the premises and/or the work being performed under this agreement. such flag -man and other personnel are employees of the city and shall not be deemed county employees for any purpose. WHEREAS, the parties hereto, in order to facilitate the financing and construction of the needed facility, and in order to share the casts of having said work to be done have agreed to share in the financing of said construction as hereinafter stated in detail. The CITY hereby agrees that CITY alone is responsible for the engineering, drainage and maintenance of this project. The CITY must notify the County within thirty days of the completion of this project of any complaint the CITY has with the project. The CITY recognizes that the County will rely on the CITY to prepare all plans and specifications for the project.. By signature of the CITY official hereto, the CITY represents to the County that the project, if properly constructed, will not adversely impact any other person. For and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the parties agree as follows: 1. Tarrant County agrees to perform the following work: reconstruction of South Peytonville Road for an 5sA -/, approximate distance of 4100 feet. The County will stabilize 611 of subgrade, apply and compact 6" of flex base, and resurface the roadway with an application of 2" of hot mix asphalt. 2. Tarrant County agrees to provide the labor and equipment necessary to complete the project. 3. The CITY agrees to pay for the actual cost of the materials necessary to accomplish the construction. 4. The CITY is responsible for providing a local dump site for the disposal of materials and vegetation or for paying for the cost of such disposal. 5. The CITY is responsible for removal of all large trees. 6. The CITY is responsible for arranging for the relocation of utilities before commencement of the project. 7. The CITY agrees to close So. peytonville Ave. to through traffic for the duration of the project. Access to homes will be maintained. S. The CITY agrees to provide survey services for this reconstruction project. By entering into this Agreement the parties do not create any obligations express or implied other than those set forth herein and this Contract shall not create any rights in parties not signatories hereto. This Agreement shall terminate automatically upon happening of any of the following events: 1. The completion of the improvement provided for herein or; 2. At the end of one (1) year from date herein, unless renewed by both parties in writing. ATTEST: CITY ATTEST: COUNTY APPROVAL: By* Autho r� zed City Official TARRANT COUNTY: TOM VANDERGRIFF, County Judge BOB HAMPTON, Commissioner Precinct Three District Attorneys Office 5,4,6 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-130 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 AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM S~GL~ ~ ;~!D~E,N~ ~S~ ~ SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and ' ' ral WHEREAS, the hereinafter described property is currently zoned as AG Agr!cultu under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and C lORD\ZONING\480 130 Page I 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 Sonthlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 103 ~6 acre tract of land situated in the Adclitioni and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from ~IAG!' Agricultural to '~SF-!A" Single-Family Residenfia} Di:stri~t~ Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the conm~unity. 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. C ORD/ZONING\480 130 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 , 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the __day of , 1994. MAYOR ATTEST: CITY SECRETARY C lORD\ZONING\480 130 Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: EXHIBIT "A" EXHIBIT "A" EXHIBIT "A" C lORD\ZONING\480 130 Pagt 8 EXHIBIT "A"