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1994-07-05 CC PacketN City of Southlake, Texas MEMORANDUM July 1, 1994 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting July 5, 1994 1. Note the change in the Agenda format under Item No. 4 (reports). An item for SPIN reports has been added to allow one or two Standing Committee members to report on items from their SPIN neighborhood. 2. Agenda Item No. 5A. Authorizing Contract for Enginee&g Services with Cheatham and Associates for a Critical Structure Drainage Study, as we discussed during the City Council retreat. Cheatham is the best choice for this engineering study due to his extensive involvement in, and knowledge of, our drainage basins. 3. Agenda Item No. 5B. Interlocal Agreement with the City of Grapevine to provide water service to residents of Grapevine. If approved, this item will provide water to the area annexed by the City of Grapevine, located north of Dove Road and east of Lonesome Dove Road. This is a "good neighbor" agreement, similar to the agreements currently in place which provide sewer service to the Southlake portion of the Albertson shopping center in Grapevine, and the emergency water connection for Southlake at Bank Place. Staff believes this agreement to be appropriate and to serve the best interests of the cities of Southlake and Grapevine. The memo in your packet from Bob Whitehead, Director of Public Works, outlines the key provision of the agreement. Honorable Mayor and Members of City Council Agenda Item Comments and Other .Items of Interest Page 2 4. Agenda Item No. 7A. 2nd Reading, Ordinance No. 480-127 (ZA 94-48), west of White Chapel, at the north end adjoining the Corps of Engineers property, and, Agenda Item No. 7B, 2nd Reading, Ordinance No. 480-128 (ZA 94-49), south of East Dove Road and west of North Carroll, are both single lot developments on 4.3 acres, with requested rezoning from AG to SF-lA. Both were approved 7-0 in first reading. There have been no changes since first reading and there are no outstanding issues. 5. Agenda Item No. 7C. 2nd Reading, Ordinance No. 480-129 (ZA 94-51), rezoning of the 6 acre tract by Kathleen Sumner and F.L. Bailey on North Peytonville across from Cross Timber Hills. Note in the staff comments section of the memo from Karen Gandy, Zoning Administrator, that the applicants have reapplied for plat approval, reducing the number of lots to two (2), each meeting the minimum lot frontage. The plat, which will have one lot with the current house, and a second lot to be built upon, will go to P&Z on July 21. 6. Agenda Item No 7D. Ordinance No. 480-132, (ZA 94-56). rezoning and site plan for Parker's Corner, southwest corner of F.M. 1709 and F.M. 1938, and Agenda Item No. 7E ZA 94-57, plat revision for Parker's Corner. Note that applicant has met all review comments of the second Plan Review and second Plat Review, except for the dumpster screening. Note also the informational comments on the summaries. 7. Agenda Item No 7F Ordinance No. 480-N 2nd Reading, concerning nonconforming uses and amortization procedures. Note the changes mentioned in the memo from Karen Gandy, Zoning Administrator. 8. Agenda Items No. 7G and 7H. Ordinances No. 612 and 613, 2nd Reading, will complete the exchange of property necessary for the realignment of North Kimball between F.M. 1709 and S.H. 114. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Page 3 9. Agenda Item No. 8A. Ordinance No. 480-137 (ZA 94-61), 1st reading, is a rezoning request at 155 S. Kimball. The request is for C-2, from SF-1. Note the property to the north and northeast of the request is zoned C-3. Also, the property is within the 75 LDN noise contour. Under terms of our settlement agreement with D/FW Airport, Delta, et. al., no new residential structures can be constructed in the 75 LDN noise contour. 10. Agenda Item No. 8B. Ordinance No. 480-138 (ZA 94-62), 1st Reading, rezoning request from AG to RE, south side of Bob Jones Road, southwest of Indian Creek Addition. Note the staff comment in the memo from Karen Gandy, Zoning Administrator, concerning the 300' minimum lot width for RE. Recall that other properties to the east were recently rezoned from AG to SF-lA. This was because these lots did not meet the minimum lot width for RE. 11. Agenda Item No. 8C. Ordinance No. 607, 1st Reading, annexation of 0.361 acres immediately east of the creek, north of the Westlake/Southlake boundary on West Dove Road. Note the service plan and annexation schedule in your packet. The second reading which will bring the property into Southlake will be July 19, 1994. 12. Agenda Item No. 8D. TU Electric rate change request. Note the TU Electric information packet enclosed separately in your agenda packet. The letter from Mary Drake, City Attorney, provides an overview of the process. Note there are three ordinances and a resolution included in your packet. You have the option to adopt any one of the four alternatives. Option #1, Ordinance No. 614 will approve the change subject to approval of the PUC Option #2, Ordinance No. 614 will approve the change Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Page 4 - Option #3, Ordinance No. 614 will deny the change - Option #4, would be resolution No. 94-33 suspending the requested change for 90 days 13. Agenda Item No. 9A & 9B are board appointments. 14. Agenda Item No. 10A. Requested variance to sign ordinance for the storefront of Albertson. Note that a similar variance was given to Food Lion. 15. Agenda Item No. 10B involves a request by Mr. John Drews, developer of Southlake Marketplace, to amend the zoning ordinance to add full service cleaners as a permitted use in the C-3 zoning district. Should City Council wish to consider the request, direct staff to proceed with the necessary steps to bring the item before P&Z for a recommendation. 16. Agenda Item No. 11A. Ordinance No. 615, is the proposed Dangerous and Substandard Buildings Ordinance revision discussed during the City Council Retreat. The memo from Betsy Elam, City Attorney, outlines the purpose of the recommended ordinance revision. 17. Agenda Items No. 11B and 11D are discussion items concerning the alignment of roadways at Kimball between S.H. 114 and F.M 1709, as well as offset intersection such as West Dove and White Chapel, respectively. 18. Agenda Item No. 11C concerns an ordinance to regulate customer service standards for cable television operations in Southlake. Note the memo from Analeslie Muncy, City Attorney (pp. 11C-2 and 11C-3), is dated July 6, 1993. The following is excerpted from your agenda memo for November 2, 1993 meeting: Recently we adopted a cable rate regulation ordinance. The other issue involves the regulation of customer service standards. We Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Page 5 have had this item on the list waiting for an opportune time to bring before City Council. There are a number of considerations at play. Do we want to regulate standards? Do we have the staff to oversee? We do not have all the answers at this time. However, we need to discuss the issues at this meeting for your feedback. We need to move this ordinance through if we are to exercise control. FYI, note the letters attached hereto concerning the Harron Cablevision rates. We have sent the June 14 letter to our attorneys for review. The June 30 letter was received today July 1 after normal business so it has not yet been faxed to the attorneys. Note the June 30 letter is stamped received August 1. This is how hectic things get around here after 5:00 on agenda days. OTHER ITEMS INTEREST 19. Park Project Manager - Shana Rice, Assistant City Manager, and Bob Whitehead, Director of Public Works, recently concluded the interview process for filling the position of Park Project Manager. You will recall that this is a position to be funded through the SPDC for the purpose of managing park construction projects, obtaining additional funds from grant resources, and other park projects as needed. Based upon Shana and Bob's recommendation, a formal offer has been extended to one of the candidates. We hope to have a response by Tuesday evening. 20. Information on the Supreme Court's recent ruling regarding the taking of land for public use is attached for your information. This ruling will have less effect on Texas than on other states which have standards which are considered too lax. Still, it is a significant Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Page 6 ruling by the high court in governing the power of governments to take land for public use. 21. An Ozone Alert program has been initiated by the North Texas Clean Air Coalition, which is a voluntary program that attempts to reduce pollutants and emissions on those days when high ozone levels are expected. City staff is taking steps to work with the Coalition. Currently, the Coalition faxes notices of "Ozone Alert Days" on the day before the alert is in effect. Staff posts notices around the buildings. Information has been provided to all staff offering tips on what they can do to individually help reduce the ozone level. We are also including information in the next citizen newsletter which will go to the printer next week. Southlake's current fleet and maintenance practices help reduce emission problems. Many vehicles in the fleet are diesel powered -- not gasoline powered -- and we are able to delay mowing until after 10:00 a.m. as necessary. Staff is exploring other ways that the City can make a contribution to emission reduction. 22. The City's Smoking Ordinance may need to be reviewed. You will recall that Section Four of the ordinance which addresses "Food Products Establishments" requires, among other things, that these establishments must "utilize existing physical barriers and ventilation systems to the greatest extent possible to minimize the smoke in adjacent non- smoking areas..." This ordinance does not require separate ventilation systems for smoking and non-smoking areas. Given that we may be seeing this type of development as the commercial corridors begin to evolve, it may be time to reconsider the provisions of the smoking ordinance. A copy of Ordinance 537 is attached for your review. 23. Upcoming meeting dates to remember include: July 14 - Keep America Beautiful Certification Luncheon (please RSVP) July 26 - Corridor Study Public Hearing July 27 - Budget Workshop Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Page 7 24. Carroll ISD's Finance Committee met Thursday evening to discuss the 1994-95 budget. They believe that they will be able to add staff and make necessary improvements without having to raise the tax rate. It appears that the additional costs brought on by the growth will be paid for by the growth, and continued commercial growth should eventually drive down the tax rate. 25. Junior Achievement volunteers are needed in Southlake. Staff has been approached by Junior Achievement to provide volunteer instructors at Carroll Middle School in the fall. Volunteers will spend one hour per week at the Middle School teaching "Project Business" and/or "The Economics of Staying in School." Council members having an interest in becoming a Junior Achievement volunteer should contact Shana Rice, Assistant City Manager, for more information. 26. FYI -- Attached hereto is a summary submitted by Councilmember Michael Richarme concerning a corridor development workshop he attended in February of this year. Councilmember Richarme wanted to share this information with Council and staff. 27. Woodland Heights zoning controversyupdate. Attached FYI is the most recent correspondence concerning the building under construction at Lot 25B, Block 1, Woodland Heights Addition. Recall that at last Council meeting June 21, we received just prior to the meeting a request from Mr. George Barclay for an opinion from the Zoning Administrator concerning the property. This request was disseminated to City Council during the work session. Thursday June 23 Karen responded to Mr. Barclay. On Wednesday June 29, we received a request for an appeal of her decision. That same day we advised Mr. Willan's attorney, Rick Wilhelm, that we had received the appropriate appeal request and that we would be issuing a stop work order the next day. On Thursday June 30, we received a letter from Mr. Willan stating they would assume the risk of the continuance of construction should a final non appealable ruling be issued that would uphold the position of Mr. Barclay and other residents of the subdivision. We faxed Mr. Willan's letter to our attorneys for review. It is the opinion of our attorneys Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Page 8 that given the circumstances we should stay the stop work order in order to avoid any future compensable consequential damages for inappropriately delaying the project should Mr. Willan prevail. We have notified parties involved of this decision to allow the construction to continue. We will discuss this in detail during executive session Tuesday night. 28. FYI -- My vacation plans are being finalized. I am planning to spend July 13-20 in Hawaii, visiting Michael O'Brien. As a result, I will miss the City Council meeting scheduled for July 19, 1994, but Shana will be available to fill in for me. 29. Finally, City Hall will be closed for the Independence Day holiday. We will reopen at 8:00 a.m. on Tuesday morning. INN WELECTRIC STRATEGIC RATE OPTIONS CITY INFORMATION PACKET P. O. Box 609 Euless, Texas 76039 CITY COUNCIL PRESENTATION Thank you for the opportunity to visit with you. I'm excited about the program we're about to discuss because its purpose is to strengthen the city and the entire TU Electric service area economically. It will help support some important mutual goals: namely, economic development, job growth, energy conservation, environmental stewardship, and reasonable electric rates for all of our customers. The program I'm talking about is a strategic rate package that TU Electric has filed with the cities and with the Public Utility Commission in Austin. Although this is technically a rate case, and must be filed as one, I believe you'll find it is unlike any rate filing you have ever seen. No one's rates will increase. And this package will help everyone's rates remain stable longer than they otherwise would. There is a simple reason we are requesting approval of these rates: competition. You know how strong the competition is for economic development today. Everyone is out there trying to attract new businesses and jobs to their particular area. TU Electric also has competition. The days of competing only with the gas company, and only on a local basis, are history. Like you, we are competing with other areas of the state and the nation. Many of our customers face global competition; thus, we do also. You've often heard us say that our rates compare favorably with most areas of the United States, and that is still true. But the time has come to get more competitive. It's time for us here in the TU Electric service area to arm ourselves better for an economic development battle that is only going to get tougher. This package will be a vital weapon in that battle. CHART #1 - COMPETITIVE RATES The package consists of two new competitive rates and two riders -- additional options for existing rates -- that I will explain later. Customers who will be eligible for the General Service Competitive and Wholesale Power Competitive rates are those that other areas of the state and the nation and the world would like very much to entice away. If they moved, they would take jobs with them. That would be a loss for us as a city and for TU Electric as an energy supplier. Something else would happen. TU Electric's fixed costs -- for items such as existing generating, transmission and distribution facilities -- would remain. Those costs would then have to be spread over a smaller number of customers and fewer kilowatt-hour sales. It's easy to see that if much of that type of movement occurred, the rates of our remaining customers would be forced up. Rates GC and WPC would differ from other commercial, industrial, and wholesale rates in only one way -- a negotiated demand charge. The customer, energy, fuel, and power cost charges �i would be the same as in the standard rate. 2 As you may know, the demand charge is designed to recover mainly the investment in TU Electric's generation equipment. The TU System has just completed a major construction program, and no generation additions are scheduled for several years. That puts us in a unique position to offer these competitive rates, since these loads can be served with existing generation equipment. It's important to note that these competitive rates will not be available to all customers. In fact, there are strict qualifications for each rate. In other words, we will not offer these competitive rates I just discussed unless it is necessary to retain the customer. There are safeguards outlined in our filing that would prevent the abuse of these rates by anyone who does not qualify. Details, including the qualifications and safeguards, are available to you in the filing package. Again, the major benefits to all TU Electric customers are: holding down rates through a larger customer base; and retaining existing businesses and jobs. CHART #2 -- ECONOMIC DEVELOPMENT SERVICE The third part of this package is an Economic Development rider. It has two purposes: to make this part of the state more competitive in attracting new business; and to encourage the expansion of existing businesses. The rider would be offered in only those cases where it is a necessary incentive for the move or the expansion. The most obvious benefit to the participating customer would 3 be a discounted demand charge in the initial years of the contract. The overall benefits of this rider are increased economic activity and employment, as well as more stable rates for all customers, made possible by an expanded customer base. Safeguards are designed into this rider to prevent abuse in those cases where the incentive of the discount is not required. Details of these checks and safeguards are a part of the testimony in the filing package. The rider will enhance our ability to work together to attract industry and jobs to this area. CHART #3 - ENVIRONMENTAL TECHNOLOGY SERVICE The fourth part of this package is the Environmental Technology rider. Its dual purpose is to conserve energy in commercial or industrial operations, and to improve environmental quality. The rider will serve as an incentive to certain commercial and industrial customers who can qualify by converting to an energy -efficient technology that meets one or both of those goals. Some examples of energy -efficient technologies are electric material -handling equipment, which would lower emissions; infrared heating ovens used in industry; and some advanced methods of waste treatment, including wastewater and medical waste. Qualifying customers will receive a declining, fixed demand discount, which is spelled out in the rider. Over the long term, this rider will keep all of TU Electric's 4 rates lower by helping to retain a large customer base that uses energy efficiently. Additional benefits are basic with this rider: energy conservation and an improved environment. CHART #4 - BENEFITS OF STRATEGIC RATE PACKAGE When you study this package, I think you will agree that it has been designed carefully and conservatively, to be not only fair but beneficial to all of TU Electric's customers. At the same time, I think you'll see that it is an aggressive new tool that will help the city, TU Electric and its customers face today's tough competition for economic development. Once this package is approved, we will not have to go to the regulatory agency for special permission every time we need help in an economic development battle. We will be able to make faster and more effective decisions as we strive to retain and attract jobs to our communities. I am here today to ask for your approval of these forward - looking rates. I hope you will become familiar with this package as quickly as possible. The faster these rates are approved, the faster we can all make use of them in the best interest of your constituents, who are also our customers. Again, thank you for this time. 5 W V a O W In �• U E �. o � tD cn O U U ct A to m cc W C. .v V L O U O � U � O � 3 4� O" �Tm U � a :PEN A bU.A U Ll i E 0 (bwl 0, W. Ol.. 00%now 3 P . 3 � O U O O U A HE IMM W City of Southlake, Texas MEMORANDUM July 5, 1994 TO: Curtis E. Hawk, City Manager FROM: Shana Rice, Assistant City Manager SUBJECT: SPIN Organizational Meeting Notes Kathleen Farrell, Administrative Intern, has prepared the attached notes from the SPIN Organizational meetings. The notes summarize the discussion from two meetings, each held to solicit input from SPIN Standing Committee members regarding the implementation of SPIN. These meetings were, in my opinion, very successful. The participation was lively, with each Standing Committee member providing valuable input. You will notice from the notes that staff and Standing Committee members discussed expectations. This candid discussion allowed us to examine some of the sensitive issues associated with SPIN, i.e., staff time constraints as it relates to responding to requests for information/complaints, and Standing Committee members' desire to have meaningful input into the affairs of the City. I am pleased with the appointments and feel comfortable that the current Standing Committee members have a real commitment to being leaders in their neighborhoods. I will be happy to answer any questions you may have. SR Minutes SPIN Standing Committee Organizational Meetings June 15, 1994 & June 20, 1994. I. Introduction: Mayor Fickes opened the meeting by welcoming the SPIN delegates and offering a sincere appreciation to the members for showing a willingness to be involved with SPIN and for attending the meeting. (Stephen Apple substituted for the Mayor on the 20th) The purpose of the meetings was to orient the Standing Committee members to the framework of SPIN's operation, to discuss mutual expectations and to alert members to upcoming SPIN activities. Mayor Fickes proceeded by introducing the city staff involved with SPIN and had the committee members introduce themselves. He concluded by thanking the committee members for coming. II. Procedures: Shana Rice discussed the Standing Committee Procedures with the members. She began by explaining that SPIN is a program for the citizens and that many of the ideas for the operation will come from the citizens. Shang continued by explaining to the committee members that a framework of procedures has already been put into place, including the ordinance governing SPIN and the Standing Committee Articles of Incorporation. Ms. Rice explained that many of the ideas from the organizational meeting will be incorporated into the bylaws. Shana continued by sharing the ordinance provisions with the committee. The Standing Committee consists of 16 members and 6 members are needed for a quorum at the meetings. Standing members are appointed to staggered terms, and cannot serve for more than two consecutive terms. Each member must live in the neighborhood they represent and not fail to attend three consecutive meetings. Officers of the Standing Committee will be elected at the next regular Standing Committee meeting and the Standing Committee must meet with the City Council at least four times per year. Shana reminded the members that they serve as an Advisory Committee appointed by the City Council and will need to comply with the Open Meetings Act. f (bol Ms. Rice continued by discussing the Articles of Incorporation provisions. They include the following: each member must recruit at least three neighborhood council members. Each Standing Committee member must meet monthly with their neighborhood council and all SPIN participants will meet with the City Council once a year. These Articles will be adopted by the Standing Committee, so revisions are possible, contingent, of course, upon City Council approval. Shana continued by discussing proposed Standing Committee/City Council meeting dates with the committee. Possible dates are Thursday, September 29; Thursday, January 26 and Thursday, May 25. Also, the city will be offering a meeting facilitation course for both staff and Standing Committee members to assist in organizing and conducting effective meetings. Shana addressed the role of staff support and outlined the process requesting information or speakers. The outline suggested that all requests for information be routed through the City Manager's Office. The City Managers Office has developed a form to use to assist the Standing Committee members. Secondly, staff is proposing a SPIN page in the city's monthly newsletter. City staff will be available to assist the neighborhood members with the recruitment of speakers for their meetings. Shana remarked that staff would be most efficient in responding to requests if they are submitted early. III. Strategic Planning Process & Team Process: Mr Hawk discussed the plan to involve SPIN in the City's strategic planning process. A timetable was presented to the committee to illustrate how the strategic planning process will work. The timetable is as follows: July 1994 TEAM Focus Aug/Sep 1994 Design Citizen Survey Sept 1994 Conduct Survey 10/94-2/95 Develop Strategic Plan 2/95 Present Plan to Neighborhoods -Annual Mtg. 4/95 Present Plan to City Council -Begin budget Mr. Hawk discussed the TEAM Focus activity. Team Focus is an electronic brainstorming process. Standing Committee members will answer three question regarding Southlake and will talk to their Neighborhood Councils for responses to the TEAM focus questions. Mr. Hawk emphasized the importance of attending TEAM Focus to the Standing Committee. Mr. Hawk introduced Chris Hartung on June 15, to facilitate the expectations part of the meeting. On June 20, Bill Evans was the facilitator. IV. Expectations: A. City Expectations: 1. Allow us to tell our story. Regarding what the City is doing and why. Staff wants an opportunity to discuss the plans that have guided polices to date. 2. Be sensitive to time constraints. Recognize SPIN is important to us and staff will do what can be done to assist in any way, but that there are other time constraints. 3. Personal issues regarding individual employees will not be part of SPIN discussions. 4. Tell us what you are thinking. Staff wants to hear ideas, what citizens are feeling and what concerns exist. Hopefully citizens will feel comfortable enough to communicate with staff anytime needed. 5. Commitment to SPIN -Promote to others! The community will become involved because other citizens have asked them to. 6. Attend Management Facilitation Training. 7. Respect roles, people. 8. Work through SPIN process. All requests for information or speakers should be routed through the City Manager's Office for tracking purposes. 9. Recognize our limitations. Please be aware of limitations. Cities not only face time constraints, but often legal or regulatory as well. 10. Advisory body- not a policy making body. SPIN will not be responsible for passing city ordinances, but will serve as an advisory committee to the City Council. B. Standing Committee Expectations: (W 1. Council accept input from SPIN committee. Participation in SPIN should be meaningful. 2. Open line of communication; development of trust. Get the story out to develop trust from community of city representatives. Explain why decisions were made and what information was considered in the decision making process. 3. Be responsive to specific neighborhood issues. SPIN can be the communication network between the different neighborhoods, and between the City and the community. 4. Executive summary of issues presented at Council. Have information available prior to when issues are acted upon, Le zoning. Have the resources available to give a brief summary to Neighborhood Council about issues being discussed in City Council meetings. Outline what the issues are, and what is important to discuss. In addition to the newsletter, the SPIN representatives will get a copy of the previous council and planning/zoning minutes and a copy of the upcoming agenda. 5. Contact on immediate problems (i.e. water). If SPIN representatives are informed of problems in a timely manner, they can act as communicators with their Neighborhood Council allowing neighborhoods to discuss the situation, and receive timely accurate information. 6. Develop a better understanding of different neighborhoods. Everyone be sensitive to each neighborhood and be aware of all needs. SPIN representatives be responsible for educating neighborhoods of all challenges faced by the different neighborhoods. Make residents more aware of the different needs and concerns and why the particular neighborhood is concerned with an issue. 7. Receiving information on activities in other neighborhoods. Use SPIN as the communicator of the different happenings in the neighborhoods and what is happening in each area. SPIN is not only for the neighborhoods to communicate with the City but also available for the neighborhoods to use to communicate to each other. 8. Serve as a resource to each other. Neighborhoods can work together on a certain issues. Using SPIN Standing Committee as a board to try out an issue on. 9. Promote more citizen involvement. Involve citizens, make citizens aware that they are needed and the City wants them to take an active interest in their city. SPIN will provide a role for citizens to become involved. 10. Proactive to neighborhood,-, issues. Be proactive rather than reactive when dealing with an issue. 11. Be open to new ideas. Actively involve young adults in the community. Their input is needed. City need to iniciate Proactive campaign to get the youth involved. School district should become involved in encouragement of youth. 12. Have a real commitment by City. Door opened by City speaks of commitment. Believe commitment from City is there and SPIN is a great opportunity for the citizens. 13. Maintain a broad perspective. SPIN should not have a narrow focus on neighborhoods only, focus on community. 14. Jointly develop future visions for city. SPIN should become involved in the process of developing the future of Southlake. SPIN will be part of the process for developing the future of the city. Look for staff for guidance of what the impacts will be in the decision making process. If the city hears from SPIN that the community wants something different then the plan calls for this would be the place to bring the issue up. 15. More Council/SPIN interaction than once a year. In the beginning SPIN needs to meet more with the Council because Neighborhood Councils will be meeting more than once a month. Actively organize meetings with the Standing Committee so communication lines can stay open. It is important for us to communicate as often as possible among SPIN representatives and with the City Council. Be put on Council Agenda if an item of interest needs to be discussed. 16. Be able to tell our story. General Comments: • What can we do to gain interest in our community? • The Standing Committee needs to meet more often and become a sounding board for each other. • Prepare survey to go to the community to gain input on the community. • Everyone needs to understand concerns and desires of neighborhood represented. • Input to the City Council in the form of being on the agenda if someone has something that needs to be addressed. • Concerned with broader issues in the city. Conclusion: Mr. Hawk concluded the meeting by commending the group for their involvement in SPIN and issued them the challenge of getting as many citizens involved in the process as possible. r � HARRY L � COMP Mr. Curtis Hawk City Manager City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Dear Mr. Hawk: UNICATIONS C F.1 ¢�a�n June 30, 1994 OFFICE Attached is a copy of the cost of service showing for the system (headend) serving the City of Southlake. This cost of service has been completed on the model approved by the Federal Communications Commission. Also included are the benchmark models (Forms 1200 and 1205) which likewise were approved by the FCC. I have also included channel line-ups for September 1992 and 1993, as well as financial statements, both a balance sheet and a statement of operations. We are presently completing the FCC form 393 as well as the analysis which you have requested to test our compliance with the rate freeze, which I will provide to you on or prior to Friday, July 8th. I look forward to working with you in completing this process, and should you have any questions please do not hesitate to call me at (610) 644-7500. Sincerely, Neil R. Gazzillo Operations Analyst Attachment 70 East Lancaster Avenue • P.O. Box 3022 • Frazer, Pennsylvania 19355-2121 • 215-644-7500 • FAX 215-644-2790 r r- HARRON CABLEVISION OF TEXAS June 14, 1994 Curtis Hawk City Manager City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Dear Mr. Hawk: E @ R 0 W R JUN16MD As you know, the Federal Communications Commission (FCC) has released a new 600-page set of rules governing cable rate regulation. We expended considerable resources understanding and complying with the 500-page set of rules released last spring and we are diligently working to comply with the new changes. Though the new rules have an effective date of May 15, 1994, the FCC has given us until July 15 to comply. This letter, therefore, serves as our 30-day advance formal notification to you that we will take advantage of this refund liability deferral period as we proceed to implement the new rules and make any necessary changes. As determined by the "cost of service" criteria provided by the Federal Communications commisison, our costs are somewhat higher than the rates we are currently charging our customers. We will, however, not increase our overall rates. Dependent on the level of service and equipment provided, some customers may see an increase in their bill and some may see a decrease. On average, however, customers will pay no more than they do at the present time. As you may also be aware, Harron bills its customers utilizing a single monthly billing cycle. For this reason we will implement the changes on August 1 st, 1994 and give our customers formal notification of the changes in their July 1st, 1994 statement. Since the new rules may directly impact you, I want to bring to your attention the changes that will be made effective August 1, 1994. Old Rates: Cost: New Rates: Cost Economy Basic $12.47 Economy Basic $12.47 Cable Plus $13.04 Cable Plus $13.47 Converter $3.22 Converter $2.46 Additional Outlet -0- Additional Outlet -0- Installation $75.00/hr Installation $38.00 Apartment Install $37.50 Apartment Install $19.00 Service Call $37.50 Service Call $19.00 Post Office Box 2628 0 Waxahachie, Texas 75165 • (214) 938-0333 June 13, 1994 Page Two Additionally, the new rules require cable companies to notify all subscribers of billing and complaint procedures each year and every time there is a change in rates or service. Further, they require us to include the address and telephone number of the local franchising authority with each monthly bill. Many of our municipalities have questioned the need for this, but it is in the FCC rules and we have no choice but to comply. Next, unlike last year's regulations which contained no provision for municipalities to "decertify," the new regulations do. Section 76.917 reads as follows: A franchising authority that has not been certified to regulate rates may, at any time, notify the Commission that it no longer intends to regulate basic cable rates. Such notification shall include the franchising authority's determination that rate regulation no longer serves the interests of cable subscribers served by the cable system within the franchising authorities jurisdiction, and that it has received no consideration for its withdrawal of certification... Keep in mind that there is no deadline for certifying and the option always remains open to municipalities should they elect to do so. Finally, our goal at Harron is to comply with the FCC regulations while causing the least amount of disruption and hardship for our customers. I believe we can better serve your constituents and our subscribers if we cooperate fully to lessen the impact of these regulations on everyone concerned. Please feel free to call on me if there is anything about the rules you don't understand or if you have any questions concerning our services, prices, or policies. Si cerely, � n - r r Carolyn King Daughtry Regional Manager /mbd E N .�C�'n�•el A�� FM �r � •��.. p s O• 9E < ep+ �y �' C 10 00 0 Be� 9oPl a ro T lV 114"K '�C,.�s3 ,pj . �s 8 p$ SSSti�P� C:01Q 81 1 14 Val .8we y o � o 8 i s $ r e" y Y '� �' O A A 7, `° & -g 6, - o^ r, 'd P '�gg S H. a '�g8,b� ��''° �• �s� g aEr& o.�p ^-L' .5kR� a..�� 19, rrA4�iljIG s tL pA8�� b °a •�'' of W a� A� Ag pp 1. 0 L . 0 0 ^ ` q�^ e R. � (� Cg n C E q •t < N p p i»•^p < ib:. n ILI •s$ o��I• •a go�@a ��".5f"f� S"i° a.»E� Y e w t• 8pp�e��ii:e�p9,o- As ��^" $ e �^�bY^^� �g�� .. 8^8F5-•o^ :�� o °Yg�pi In �Oy`Y0•o��' `!'�°0,�ne aX ^aa^o Edta�C�+,. MroaEe b S?0 j$7gi7: wsoe •m'a^^sF^r � App° a Ferwv(ja`bpee°np:'5<O<�Sta�a�sla�nq• �$e,^O�.,eN�oSnn� a'.:°o ^pO.Lo'-��e <pA>g $0b�o`�•ocg�•� p�CYsYaySEOB<pTili" 1 8B , PaSagw8 21 So pg° iOA tiYS w $a�•6Cw 6 pE$aea was�y Q-°b, Yay •+i. � �q�.p. O C 6 .4 qpO .1911'ygQ�060 9_11 ^'pg y1 `L•SCLLLL P� Ya9p0� Y p�A� p A' A po wrifl 1pMpuba p,Q.. �w^DID HiloX95pP Q g all l�•s�� L. A .A•1 A 92 C� L� c^tif b'�i p.^d kCCCa6� a . a pp• 9 �a Y C8�' R.A'!y � <p�'e'Y p'A �0 I A O ga S y `L M � Y �°g 9 ti IOr P. �Y� pW P. qo .a.CEY The plaintiffs want to double the size of their Oregon's Takings Tangle store —but balk at the city's requirements. No warning bells went off when city planners in Tigard, Oregon, received a permit application from plumbing sup- ply store owner John Dolan in 1991. But in the three years since, the Dolan appli- cation has created quite a stir, first as a small-town land -use dispute and now as the focus of a case pending before the U.S. Supreme Court. At issue in Dolan v. City o%Tigard is the ci equirement that, as a condition of d ig the size of his A -Boy Electric and —Plumbing Supply store, Dolan give up 10 percent of his 1.67-acre site —about 7,000 square feet —for a public bicycle path and drainage improvements to an adjacent creek. The city insists that its land dedication requirement advances the public's interest in regulating the development's impact, thus meeting legal requirements. The Dolan family insists the exaction is an example of blatant government greed and amounts to an unfair taking of private property, as defined by the Fifth and Fourteenth amend- ments to the U.S. Constitution. Observers on both sides of the de- bate hope the Supreme Court will clarify two fundamental points: How much latitude does a government have in re- quiring the dedication of private prop- erty for public use? And how close a fit must there be between a project's ad- verse impacts and government restric- tions imposed upon it? The Court heard oral arguments March 23 and is ex- 1.,^cted to rule in the case this month. ReQa0p.32, ble or not? Ti100) is anupper middleclaroom community just southwest Of Portland. The A -Boy store is in a 50- The planning world awaits the Supreme Court's decision in Dolan v. Tigard. year -old, single -story building on Main Street in the city's historic core. The city has long tried to spur redevelopment in this part of downtown, first in the early 1980s through an unsuccessful urban re- newal plan and more recently by means of a zoning district allowing a concentra- tion of mixed uses. Because of its location, the Dolan prop- erty also is subject to another layer of regulation —a 180-acre "action area over- lay zone," adopted in 1987 to make the area more pedestrian- and transit -oriented. Although the overlay zone has been in- voked only a few times, it gives the city authority to require direct access to build- ings from transit lines —and bicycle and pedestrian paths. The Dolan family owns 11 hardware stores in the region. John Dolan, founder of the company and a Portland resident, opened the Tigard A -Boy in a former feed store he bought in 1970. He and his wife, Florence, began working on expansion plans in 1988. In 1991, the Dolans went to the city planning department with an applica- tion to raze their 9,700-square-foot store and replace it with a 17,600-square- foot building. The size of the new building meant that the owners would have to go through the city's site development review process, which is triggered when- ever an existing commercial business wants to expand its floor area by more than 50 percent, or when a new com- mercial, industrial, or multifamily project is proposed. By Robin Franzen The project was approved, but made subject to several conditions. One of those conditions was the dedication of all of the Dolan property within the 100-year Fanno Creek floodplain to handle the increased runoff that would result from expanding the store and parking lot. The creek runs along the west side of the property. Because a larger store would also mean more traffic —adding 937 vehicle trips per day to the 6,800 daily trips along Main Street —the city also required the Dolans to dedicate a 15-foot-wide tract outside the floodplain for a bike path. The path would be part of an intercon- necting system of paths mapped out in a city bike path plan adopted in 1974. In addition, the city imposed a $14,256 traf- fic impact fee, which the county requires for transportation system improvements. Finally, the city required the Dolans to calculate and pay a stormwater impact fee, to be determined later. Balking at the conditions, the Dolans sought a variance from both the city's planning commission and the city coun- cil, contending through their lawyer that the city's findings regarding impacts were based on "mere speculation and conjec- ture." The council denied their request in September 1991. The Dolans immediately appealed to the Oregon Land Use Board of Appeals, which ruled in favor of the city the fol- lowing February. In May 1992, the Or - - 14 Planning June 1994 egon Court of Appeals also ruled for the city, (d in July the Oregon 4 preme Court rioted at Tigard's position was consistent with the fed- eral constitution. 'Tigard thought that, since they made a find- ing that expanding the store would have an im- pact, they could ask for the moon,' says A -Boy president Daniel Dolan, who took up his father's fight last year after John Dolan's death. "That's not fair.' 'It's extortion,' says James Huffman, acting dean of the Northwest- ern School of Law at Lewis & Clark College in Portland. 'The city is, in effect, saying, if you want to build your store, we'll let you, but you have to give us 10 percent of your land first. Like anyone else, they don't want to have to pay for something if they don't have to." Elizabeth Ann Newton, AICP, a Tigard I%Wanner who is now the city's commu- nity involvement coordinator, notes that the city could simply have denied Dolan's request for a building permit, but instead decided to impose "reasonable" condi- tions to address the development's ad- verse impacts. The rationale for those conditions, she adds, is documented in drainage and transportation studies the city undertook in the late 1970s and early 1980s to comply with Oregon's stringent state land -use requirements. The flood - plain was designated a recreational greenway in the comprehensive plan adopted by the city in 1983. 'Basically, the storm drainage plan alerted us to the fact that, if we didn't protect the floodplain, we were going to have flooding,' Newton says, adding that anyone proposing construction along the six -mile stretch of Fanno Creek in Tigard could be required to relinquish property. In addition, she notes, at least two other property owners —one developing a 240- unit apartment complex and the other proposing a storage facility —have had to give up land for the bike path to date. (,The Dolans dispute the reasonable- r,,:ss of the city's requirement, They con tend that the city is using its land -use process to justify seizing land for the greenway without paying the $30,000 they think it's worth. "They are just tak- Florence Dolan and her son Dan, lire president of A -Boy stores. They want the city to pay them $30,000 for lire land it is exacting for a greenway. ing our property from us without paying for it,' says John's widow, Florence, 74, who is now the petitioner in the case. "And we're the ones who have paid taxes on it for years and years." For and against The Dolans' lawyer is David Smith, di- rector of legal affairs for Oregonians in Action, a Tigard -based property rights group that is providing free legal assis- tance in this case. He and other Dolan supporters want government to prove that a proportionate relationship exists between the restrictions it imposes on projects and the projects' adverse im- pacts. The Oregon Supreme Court's test of "reasonableness" isn't enough to pre- vent government abuse, they say. According to Smith, cities should quan- tify a development's impact and then show that the conditions it imposes —in the Dolan case, taking 10 percent of the property —are directly related to the pub- lic need. "Because the city failed to quan- tify the stormwater impacts in relation to the value of the land, the whole thing seems unfair; it's got a bad feel to it," Smith says. On the other side of the issue is R. Jeffrey Lyman, a land -use attorney with Robinson & Cole in Hartford, Connecti- cut, who coauthored an amicus brief for 15 The Fanno Creek floodplain /tang cuts a swath through domitown Tigard. Black lines indicate the portions of the Fanno Creek bike path that have been built to date; proposed expansions are noted by dashes. Above: Planner Liz Newton with digital maps of the bike path. the American Planning Association in support of Tigard (see APA News, March). He believes that the city's requirements are supported by Tigard's extensive plan- ning documents. "Tigard did a good job," he says, noting that the exactions were based on compre- hensive planning documents and empiri- cal studies required as part of Oregon's state -mandated land -use planning system. In making the Dolans' takings claim, Smith points to a 1987 case, Nollan v. California Coastal Commission, in which the U.S. Supreme Court struck down a beachfront dedication requirement im- posed as a condition for replacing a small house with a larger one. The lesson of Nollan, says Smith, is that government agencies must show that an 'essential nexus" exists between a project's impacts and any dedication re- quirements. "The emerging weight of au- thority across the U.S. recognizes that the proportionality test is in fact the one that should be used in looking at the relationship between dedications," Smith says, citing legal tests in New Jersey and Wisconsin. "If that's well within the grasp of other cities, counties, and special dis- tricts, there is no reason it shouldn't be within the grasp of Tigard." Timothy Ramis, the city's attorney, has a different reading of the Nollan deci- sion. In his view, it does not support the Dolan claim that the city must prove perfect symmetry between impacts and conditions. The burden of proof is on the party challenging a govern- ment's actions, he says, yet the Dolans have produced no studies contradicting the city's findings. 'If the property owner is creating an impact on his neighbor, and if the city is will- ing to assume the risk of that impact when it could have simply de- nied the application, the burden falls to the prop- erty owner,' he adds. But David Callies, AMP, a law professor at the University of Hawaii and a takings expert, believes that the city did, in fact, overstep its legal author- ity in demanding land for a bike path. "The only thing you can take away from the plumbing store on a bike is some- thing like caulking," he says, echoing a comment made by Justice Antonin Scalia during oral argument on the case. Callies says Dolan v. Tigard won't be a major takings decision. But he doesn't expect the city to emerge unscathed, ei- ther. 'I don't think the Supreme Court would take this case just to pat the city on the head and say ' Good boy.' That would be a big waste of everyone's time.' What the Court may do, Callies says, is to underscore the "essential nexus' test established in Nollan by reversing the Oregon Supreme Court decision, which held Tigard to a lower standard. 'Some courts continue to ignore the require- ments of Nollan," he says. 'And I don't think the Pacific Northwest has gotten the word yet." Ramis counters that the bike path could actually provide a reasonable transporta- tion alternative. For now, he's advising government officials making similar ex- actions to prepare for an unexpected le- gal challenge with good planning and proportionality in mind. "There's a dan- ger associated with making exaction re- quirements without data demonstrating cause and effect. Fortunately," he adds, .when we got sued, we had a lot of stuff on the record." Robin Franzen is a freelance writer in Tigard. ORDINANCE NO. �� 1 AN ORDINANCE TO PROMOTE THE PUBLIC HEALTH BY (11W ESTABLISHING PUBLIC SMOKING REGULATIONS; PROVIDING FOR DEFINITIONS; PROHIBITING SMOKING IN CERTAIN DESIGNATED AREAS AND PUBLIC PLACES; REGULATING SMOKING IN FOOD PRODUCTS ESTABLISHMENTS; REGULATING SMOKING IN THE WORKPLACE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, there is a substantial body of evidence which concludes that the smoking of tobacco may be a danger to health and a health hazard to those who are present in confined spaces; and WHEREAS, it is the desire of the City Council of the City of Southlake, Texas, to provide for the regulation and prohibition of the smoking or burning of tobacco products within certain facilities, both private and public, within the City of Southlake, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOU LAKE, TEXAS: SECTION 1 Definitions The following words and terms when used in this ordinance, unless otherwise defined within, shall be understood to mean: 1.1 "Employee" - means any person who is employed by any employer for direct or indirect monetary wages or profit. 1.2 "Employer" - means any person who employs the services of an individual person. 1.3 "Enclosed" - means closed in by a roof and walls with appropriate openings for ' ingress and egress, but does not include areas commonly described as public lobbies. 1.4 "Food Products Establishments" - means an operation that sells food for human consumption and includes restaurants of any kind, but does not include grocery stores. 1.5 "Health Care Facilities" - any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological and psychological conditions. 1.6 "Person" - shall include associations, firms, partnerships and corporations, as well as individuals or groups of individuals. 1.7 "Public place" - means any enclosed area to which the public is invited or in which the public is permitted, and includes, but is not limited to: stores, offices, theaters, and other commercial establishments, restaurants, public and private institutions of learning, health care facilities, nursing and convalescent homes, and all public governmental facilities, but does not include the officers or work areas of workplaces not entered by the public in the normal course of business. A private residence is not a public place. 1.8 "Smoking" - means the possession of, or emitting or exhaling the smoke of, burning tobacco, weed, or other plant product. 1.9 "Workplace" - means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment. A private residence is not a place of employment. SECTION 2. General Provisions 2.1 The owner, operator, manager, employer, or other person having control of any area where smoking is prohibited shall post notice, as provided herein, in sufficient numbers and at such conspicuous locations, including entrances thereto, so as to be readily observable by a reasonably observant person and shall provide receptacles for the extinguishment of smoking materials within twenty feet (20) of the entrance to such area where smoking is to be prohibited as provided by this ordinance. 2.2 A sign prohibiting smoking shall be sufficient if it contains the words "no smoking, City of Southlake ordinance," the universal symbol for no smoking, or other language that clearly prohibits smoking. Notice shall be deemed sufficient if each entrance to a building is posted with a sign containing the words "smoking permitted in designated areas only." 2.3 Nothing in this ordinance shall require the owner, operator, manager, employer, or other persons in control of any building, facility, room, establishment or structure to incur any expense to make structural or other physical modifications to comply with the terms slare\smokingord(101592) Page 2 and conditions of this ordinance. The posting of signs or the equipping of any area with facilities for the extinguishment of smoking materials shall not be construed to be infeasible structural changes. 2.4 Nothing in this ordinance shall be construed to permit smoking where it is otherwise prohibited by law or regulation. 2.5 Nothing in this ordinance shall be construed to preclude any owner or other person having authority to manage and control any public place or place of employment from prohibiting smoking to a greater extent than is provided by this ordinance. SECTION 3 Smoking Prohibited in Certain Designated Areas and Public Places 3.1 An owner, operator, manager, employer, or other person having control of any building or area within a building may designate all or any part of such building area thereof a "no smoking" area wherein smoking shall be prohibited upon compliance with the provisions of this ordinance and the posting of notice as herein required. 3.2 A person commits an offense if he or she smokes or possesses a burning tobacco, weed, or other plant product in any of the following areas: (a) an elevator used by the public; (b) any enclosed or indoor public place of any facility owned, operated or managed by the City, including but not limited to any public meeting room, conference room, restroom or public service area; (c) any enclosed or indoor retail, or service establishment serving the general public including, but not limited to, any grocery store, drug store, department store, and the public places within financial institutions; (d) every publicly or privately owned theater, auditorium, or other enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, performing arts, museum displays, athletic event, or any other performance or event; \ (e) all areas which have been properly designated by the owner, manager, employer, or other person having control of any building or area as "nonsmoking" areas in accordance with Section 3.1 of this Ordinance; (f) any enclosed or indoor facility of a public primary or secondary school; (g) public spectator seating areas of arenas, stadiums and outdoor events where chairs, benches or similar seating is provided, unless specifically designated as a smoking section; slake\smoking.ord(101592) Page 3 (h) health care facilities; provided that the owner or other person with authority to manage and control such facility may designate separate rooms, including in -patient sleeping quarters, or areas as places where smoking is permitted, using existing physical barriers and ventilation systems to the greatest extent possible to minimize the smoke in adjacent nonsmoking areas. In no event shall smoking be permitted in any health care facility corridor providing direct access to in -patient sleeping quarters; (i) designated nonsmoking areas of food products establishments as set forth in Section 4 of this Ordinance; (j) designated nonsmoking areas of workplaces as set forth in Section 5 of this Ordinance; 3.3 The owner or person in control of an establishment or area described in section 3.2(c), 3.2(d), 3.2(f) and 3.2(g) may designate an area with the establishment as a smoking area provided that: (a) the area may not include the entire establishment; (b) the area may not include cashier areas or over the counter sales areas; (c) the area may not include the viewing area of any theater or movie theater; (d) the area may not include the entire lobby; (e) the area in which smoking is permitted utilizes existing physical barriers and ventilation systems to the greatest extent possible to minimize the smoke in adjacent nonsmoking areas. 3.4 It is a defense to prosecution under this section if the person was smoking in an area that was: (a) a designated smoking area of a facility or establishment described in section 3.2(c), 3.2(d), 3.2(f), 3.2(g) and 3.2(h) of this section which is posted as a smoking area with appropriate signs. (b) an administrative area or private office of an establishment described in section 3.2(c), 3.2(d), 3.2(f), or 3.2(h), unless such administrative area or private office is posted as a nonsmoking area in accordance with Section 3.1. (c) a retail or service establishment which is primarily engaged in the sale of tobacco products or smoking implements; (d) not posted as a nonsmoking area as required by sections 2.1 and 2.2 of this ordinance. slake\smoking"d(101592) Page 4 SECTION 4 Food Products Establishments 4.1 A food products establishment which has indoor or enclosed dining areas with seating arrangement for fifty (50) or more patrons shall provide separate indoor or enclosed dining areas for nonsmoking patrons. A food products establishment which has outdoor dining areas with seating arrangements for fifty (50) or more patrons shall provide separate outdoor dining areas for nonsmoking patrons. A nonsmoking area must: (a) be separated, where feasible, from smoking areas by a minimum of four feet (4') of contiguous floor space; (b) utilize existing-pliysical barriers and ventilation systems to the greatest extent possible- minimize the smoke in adjacent nonsmoking areas, and be situated where feasible so that air from the smoking area is not drawn into or across the nonsmoking area. (c) be clearly designated by appropriate signs visible to patrons within the dining area indicating that the area is designated nonsmoking; (d) have ash trays or other suitable containers for extinguishing smoking materials at the perimeter of the nonsmoking area. 4.2 A food products establishment may designate any portion of an indoor or outdoor dining area with seating arrangement for less than fifty (50) patrons as a nonsmoking area. If the owner or person in control of such a food products establishment does not designate a nonsmoking area, signs stating "This establishment does not provide a[n indoor or outdoor] nonsmoking area" shall be posted at all exterior entrances to such establishment. Such signs shall be clearly legible and shall be posted conspicuously so as to be readily observable by a reasonably observant person. 4.3 Nothing in this section shall be construed to prevent an owner or person in charge of a food products establishment from designating the entire establishment as nonsmoking. 4.4 Each food products establishment which has indoor or enclosed dining areas with seating arrangement for fifty (50) or more patrons or outdoor dining areas with seating arrangements for fifty (50) or more patrons shall: (a) have and implement a written policy which conforms to this ordinance and is kept on file on the premises; (b) make the policy available for inspection by employees and municipal enforcement personnel; slake smoking ord(10L592) Page 5 4.5 Nondining areas of any food products establishment affected by this section to which patrons have general access, including, but not limited to, food order areas, food service (W areas, restrooms and cashier areas shall be designated as nonsmoking areas. 4.6 It is a defense to prosecution under this section that the food products establishment is: (a) an establishment which has more than seventy percent (70%) of its annual gross sales in alcoholic beverages; or, (b) a physically separated bar area of a food products establishment otherwise regulated by this Ordinance. 4.7 It shall be unlawful to operate a food products establishment without complying with this Ordinance. SECTION 5 Smoking in the Workplace 5.1 Within three (3) months from the effective date of this ordinance, every employer within the City of Southlake who owns, occupies or controls a workplace shall adopt, implement and enforce a written policy on smoking that: (a) conforms to this Ordinance and Section; (b) reasonably accommodates the interests of both smokers and nonsmokers but minimizes the involuntary exposure of nonsmokers to second-hand smoke; (c) designates nonsmoking areas so as to use existing structural barriers and ventilation to minimize involuntary exposure of nonsmokers to second-hand smoke; and (d) establishes a procedure for addressing employee disputes and objections arising under the no smoking policy-, (e) contains a statement that the employer shall not discharge, retaliate, or discriminate against any employee who: (1) files any complaint or causes any proceeding to be instituted under or related to this ordinance; (2) testifies or will testify in any proceeding instituted under this ordinance; or, exercises on his own behalf or the behalf of others any right afforded by this ordinance. 5.2 Employers shall provide conspicuous signage indicating nonsmoking areas; slake smoking ord(101592) Page 6 5.3 Nothing in this Section shall prohibit an employer from designating an entire workplace as nonsmoking. 5.4 Employers shall supply a written co of the smoking policy to all current PP Y PY g P cY employees within three (3) weeks of the date of the adoption of the policy, and to all future employees at the time of their entry into employment. 5.5 It shall be unlawful for an employer to operate a workplace without complying with the requirements of this Ordinance. SECTION 6 Enforcement Any person who violates this ordinance shall be guilty of a Health and Sanitation misdemeanor violation and subject to a fined amount not more than Two Thousand Dollars ($2,000.00). Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 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 8 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 slake\smoking ord(10M2) Page 7 City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 9 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting smoking regulations 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 10 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. slake\smokingAxd(101592) Page 8 SECTION 11 This ordinance shall be in full force and effect from January 1, 1993, after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS er DAY OF kIr" _, 1992. 1 1 ASSED AND APPROVED ON SECOND READING ON THIS ole DAY OF P &",b 9 1992. v� NON YOR A LX �� CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Dkv 0" City` Attorney Date: / / —9 42— ADOPTED: --91--- EFFECTIVE: /p -A y 1-- slake smoking ord(101592) Page 9 Submitted by Councilmember Michael Richarme June 1994 Corridor Development Workshop February 18, 1994 The workshop was sponsored by the Midwest Section of the Texas Chapter of the American Planning Association. The objective of the workshop was to educate participants as to various aspects of planning and implementing a traffic corridor. The workshop was attended by approximately 50 people from surrounding communities. Attendees were divided between private and public sector planners and engineers. In my opinion, the workshop was of high value and definitely worth attending. The five speakers were of uniform high quality and delivered a large quantity of appropriate information. This is the type of information which Southlake City staff, P&Z, and City Council should have in evaluating different approaches to the SH 114 corridor and the FM 1709 corridor. Ron delivered a 90 minute talk on how the Texas Department of Transportation (TXDOT) prioritizes and funds road construction in the State of Texas. Ron prefaced his remarks by observing that the transportation infrastructure in a community is closely linked to the economic development (W in that community. Next was an examination of the TXDOT annual revenue stream. TXDOT receives about $3.2 billion in annual funds, and is regulated by the TXDOT Commission. The sources of funds are shown in the following pie chart. TXDOT REVENUES $3.2 Billion Lubricant Sales Tax Other 1% 4% Federal Reimbursement 31% Vehicle Registration 18% Fuel Tax 4sx s (aw Of the collected fuel tax, approximately 24% goes to public school districts. Of the vehicle registration fees, approximately 22% goes back to the counties. TXDOT expenditures are the same as revenues. TXDOT has a rolling 10 year plan for all transportation projects. Funds are allocated to these projects as shown in the following pie chart: TXDOT EXPENDITURES Other Agencies 12% Salaries 16% Right Of Wal 9% Maintenance 15% Construction 48% Of the approximately $1.6 billion annual construction budget, about $1.1 billion is allocated to local DOT districts for specific programs. About 1 % of the total is set aside for landscaping. The ISTEA legislation of 1991 had a major impact on the activities and responsibilities of TXDOT. The Act defined 29 specific categories of projects for funding, with approximately 35% of funds required to be allocated to air quality types of projects. The ISTEA legislation contained a large number of demonstration projects, like the 1-35/1-30 interchange in Fort Worth, which is budgeted at $70 million. The Act contained a large number of air quality projects, including HOV lanes, alternative transportation modes, and the like. fi14e speaker' stated that ISTEA had hampered TXDOT's flexibility in the allocation of funds to projects. Specific construction estimates were provided, with a typical FM road costing about $1 million per mile, a 6 lane highway costing about $6-8 2 l • � million per mile, and a freeway costing about $15 million per mile, plus ROW cost. TXDOT operates on a cash flow basis, with contracts worth about $150 million let per month. Federal funds are provided on an annual "use or lose" basis, with some carryover flexibility for State funds. . The Fort Worth district covers a 9 county area, mostly to the west of Tarrant County, and has a budget of $123 million for 1994. This budget is about 9.4% of the Texas total. Robert presented a discussion on Access Management, and the resulting impact on traffic flows and safety considerations. There are balances in access management, such as the balance between mobility and access. Another balance is between public and private interests. Robert viewed roadways as an investment by the taxpayer in public infrastructure, and should be planned and maintained as such. A compelling argument for the use of access management is the impact on safety. On managed arterials, studies show up to a 50% less rate of accidents. Other studies show up to 11 % of all accidents are driveway related, which has a significant impact on curb cut planning. There are three main objectives to access management. They are: - reduce and separate conflicts on the road (help driver react/decide) - minimize speed differentials (entry/exit, sight distances, etc.) - remove turning vehicles from through lanes (flow disruptions, etc.) Techniques to manage the flow include: - limiting the number of driveways - appropriate spacing between driveways - appropriate corner clearances from drive to beginning of radius 3 Managing the exiting from a property is more critical than managing the entering, because t e river is loo ung away from where they are driving on the exit (turning head, etc.). The speaker presented the pros and cons of driveway medians. The overall conclusion was that they can tend to be more of a hazard or impediment to traffic than a helpful directional aid. Some median considerations include: - the height of median signs, landscaping, etc. tends to obscure vision - medians present a good opportunity for attractive landscaping - medians should use mountable 4" curbs, not straight up curbs - medians need an adequate throat length (about 50') for traffic stacking into and out of the property Sight distance is an important consideration for access management. The speaker suggested a sight distance of 10' for every mile per hour as a rule of thumb. For example, a road with 35 MPH should have sight distance of at least 350'. Key considerations for the sight distance are as follows: - keep landscaping less than 2' high in the sight triangle - take out utility poles and other sight barriers where feasible - keep driveways out of the sight triangle if possible - put these parameters in the local ordinances to avoid confusion Signalized driveways should have a 250' storage distance to the light. Right turn-d9celeration lanes should be used whenever feasible - ROW cost is increased to maintain consistent parkway width - use whenever > 40 right turns per hour - use whenever right turns > 20% of directional volume 0 i - recommend 100' transition lane and 100' full turn lane before radius Sight Triangle 4e— 100' full turn lane 100' transition lane For left turn provisions, a planner must include either: - median - continuous two way left turn lane (CTWLTL) Advantages of center medians include: - best used in suburban areas - lower vehicular accident rate - lower personal injury rate - refuge for pedestrians - allows restrictions on turns - should have 600' openings in medians as minimum spacing Advantages of CTWLTL include: - virtually unrestricted access to properties - less administration needed (no battles on median openings) - less circuitous travel (can mitigate this with better internal site planning and common access easements - Disadvantage is more potential for head-on collisions P611icies a5&Iregulations regarding access management should be established and utilized during the subdivision process, during the zoning proces, and during the permitting process. A proper site review should include: - circulation patterns inside and around the site 5 - driveway design for anticipated traffic flows (W - number of driveways - sight distance considerations - deceleration lanes utilized - required traffic impact studies at time of zoning • •1 '•. • . .ii i• : u The next speaker used a Corridor Case Study approach to the topic, focusing on Colleyville and SH 26 as his main example. Colleyville was presented as an affluent residential city of approximately 12,000 population, bisected by SH 26. Approximately 95% of the commercial property in Colleyville is on this corridor. The property tax for Colleyville is $0.31 /$100. When developing a corridor plan for Colleyville, the speaker utilized the Camp Bowie area from 1-30 to the Cultural District as a model. They were very concerned with establishing a "feel" for Colleyville in that it was a community without a Town Center. They developed a Boulevard District overlay to the zoning ordinances for this area. Out of that plan came three major modifications to their thinking. These are: - implement a sign ordinance which permits monument signs only unless part of the store front and prohibits - use residential architecture styles to form office/commercial standards rather than relying on the judgement of the builders - use a court concept rather than pad sites, which generate a very confusing retail perspective Cl Colleyville also adopted aesthetic considerations for commercial builders. These include the following: - no neon signs - no garish colors or mismatched colors - no illuminated awnings - no superscript wall signs They feel these considerations will help establish a Corridor area which gives visitors and residents a positive image of Colleyville. The speaker ended his discussion with six land use objectives that are contained in their Boulevard District overlay. These are: - improvements must be made at a minimum or no cost to the City - must enhance and retain businesses - must improve the image of developments (suggested fighting for buried utilities or placing them in back of commercial development) - must create a "Main Street" image and feeling - should consolidate City functions into one area - should provide for gateway entrances into the City, with nice signs, no cable hung traffic lights, etc.) Dennis presented a discussion of design perspective along the road, focusing on architecture, landscaping, and signage considerations. He started by dividing corridor evolution into four main stages. These are: - rural corridors (farm roads connecting scattered farm houses) - semi -rural corridors (a few houses and sprinkling of business) - suburban corridors (residential developments, more businesses) - rural corridors (mostly business development along the frontage) He also spoke about the business life cycle on a corridor, with new businesses of the "right type" being established early in the corridor life and moving steadily into more and more "less desirable" types of businesses. There were several recommendations relative to signage. This area is one Yvpere a cta�!idor can become unattractive rapidly. The recommendations are: - require permanent signs as opposed to portable signs - control or even prohibit portable signs - make pad sites conform to the architectural standards of the anchor - with pad sites, prohibit freestanding pylon signs 7 3 Y - have the signs sized to the posted corridor speed limits The main arguments for architectural standards are that the architectural image reflects the community's character, the standards can promote economic development and revitalization, and that unregulated corridors have a short lived prosperity, then go into decline. The speaker suggested that a serious effort be made to bring existing facilities into conformance over time, and provided a model by which to do so: - calculate the cost of improvement to get up to standard - amortize that cost over a set period of time - this is the timer to upgrade or fix the property - at the end of the timer, the property is in conformance or closed - this is being done today by the City of Dallas IMM, The final speaker provided the landscape architect's perspective on the streetscape. Having spent many years with the City of Arlington, the speaker had a wealth of practical experience to share. The main tools to improve the streetscape are well crafted landscape and preservation ordinances. Whenever possible, the planner should incorporate hike and bike trails. The addition of trees, shrubs, native grasses, and wildflowers to ROW adds beauty and enhances the City's image. One specific recommendation passed along, which has been implemented by the City of Arlington, is to set up a "Tree Bank" to mitigate utility ROW clear cutting, replacing removed trees in other public areas, along streets, in parks, etc. on a per caliper inch basis. Another recpmmendation was the use of drip irrigation along streets rather than spray irrigation. It is more efficient, but harder to visually tell if the system is functioning. i Buffalo grass is a hardy native grass for this area. It only needs mowed once per year, and does not require any additional irrigation other than rain. Another creative recommendation was to put City landscaping in the State ROW, then have the State take over the maintenance responsibility. Some specific suggestions about landscaping grass, trees, and shrubs were offered. These are: - Chinese Pistache - great reddish color - Prairie Sumac - also very colorful - Pampas grass - big along highway ROW where adequate space - Texas Sage - Texas Wildflowers - bluebonnets, paintbrush, etc. can be combined with buffalo grass for color and coverage in different seasons - Buffalo grass - takes two years to germinate, and may need temporary irrigation until established The final recommendation in designing landscapes was to use big drainage channels as landscape features rather than let them become ugly ditches. A slide similar to the Stone Lakes drainage system was shown. 0 -•, .i t y OMEGA Engineering P. O. Box 820506 Ft. Worth, Texas 76182 Phone (817) 488-5828 Fax (817) 488-8024 June 30, 1994 Ms. Karen P. Gandy Zoning Administrator City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Q RE: Building Permit Issued for Lot 25B, Block 1, Woodland Heights Addition, Southlake, Texas Dear Ms. Gandy: We are in receipt of your letter date June 29, 1994 which (a) sets a hearing with the Board of Adjustment for July 28, 1994, at 7:00 p.m., and (b) states that Omega should anticipate receiving a Stop Work Order on Thursday, June 30. I have spoken with my attorney and we seek a solution to the issue which would not, in and of itself, create a bigger problem for all involved. We understand that you, as the administrator, have ruled that the building permit for our building was properly issued by the City. We are aware that you have received a letter which purports to appeal your decision and thereby present the question to the Zoning Board of Adjustment of the City of Southlake (the "Board"). We also understand that the argument has been made to you that under Section 44.10 of the City's Zoning Ordinance, which states that all "proceedings" in furtherance of the action appealed from are to be stayed, you are considering issuance of a "Stop Work Order" on this project. Please understand that we do not agree that a Stop Work Order is appropriate under these circumstances. In fact, we reserve all rights to appear before the Board and to appeal their decision if necessary in order to uphold your ruling. As you know, Omega is under construction on the building. We have laid the concrete slab and certain structural elements are now in place. Omega has critical deadlines that it must meet both as a part of the construction and its business interests after construction. Rather than stop the construction now, we propose that we be allowed tc( continues with construction per the plans which have been approved by the City. Omega agrees that if modifications are required as a result of a final non -appealable ruling by the Board, we will make such modifications. Aerospace Consulting Engineers OMEGA Engineering , Ms. Karen P. Gandy Zoning Administrator City of Southlake June 30, 1994 Page 2 We recognize that continuance of construction would be at our risk and would be subject to such final non -appealable ruling by the Board, but we would prefer to continue so that critical time elements in our contracts can be met. We request your approval of our proposal. Thank you for your time. Respectfully, Omega Engineering MI W. Craig Mayor Gary Fickes Mayor ProTem: Jerry Farrier Councilmembers: Michael Richarme W. Ralph Evans Stephen W. Apple Sr. Jon Michael Franks Andrew L Wambsganss City Manager. Curtis E. Hawk Assistant City Manager. Sanna K Rice City secretary: Sandra L LeGrand City of Southlake Tune 29, 1994 Richard W. Wilhelm, Esq. � � r V Munsch, Hardt, Kopf, Harr & Dinan 4000 Fountain Place 1445 Ross Avenue Dallas, Texas 75202-2790 VIA FACSIMILE (214) 855-7584 AND REGULAR MAIL Re: Building Permit Issued for Lot 25B, Block 1, Woodland Heights Addition Dear Mr. Wilhelm: This letter is to advise your client, Omega Engineering, that an appeal of my decision regarding the issuance of the above -referenced building permit has been filed with my office. This letter further serves as notice that pursuant to Section 44.10 of the City's Comprehensive Zoning Ordinance, all proceedings on this site shall be stayed until the Board of Adjustment has rendered a decision in this matter. A copy of Section 44.10 is attached for your information. Mr. Willan, President of Omega Engineering, should anticipate receiving a Stop Work Order tomorrow morning from the Building Official Paul Ward. The Board of Adjustment will hold a public hearing on this case (ZBA No. 204) on Thursday, July 28, 1994 at 7:00 p.m. These proceedings will be held in the Council Chambers of City Hall, 667 North Carroll Avenue, Southlake, Texas. Should you have questions regarding the above, please call me at (817) 481-5581, extension 743. Sincerely, CITY OF SOUTHLAKE 1. l`� cv'��nJ''n Karen P. Gandy Zoning Administrator cc' a Craig Willan - Via Facsimile No. (817) 488-8024 George M. Barclay - Via Facsimile No. (214) 714-8888 James W. Morris, Jr., Esq. - Via Facsimile No. (214) 969,5902 E. Allen Taylor, City Attorney - Via Facsimile No. (817) 332-4740 Curtis E. Hawk, City Manager Paul Ward, Building Official 667 North Carroll Avenue - Southlake, Texas.76092 (817) 481-5581 - FAX (817) 488-5097 �W.9 JUDICIAL REVIEW - Any person aggrieved by a decision of the Board, any taxpayer, or any officer, department, board or bureau the City, may seek review by a court of record of such decision, and under the time limit and requirements specified in Section 211.011 of the Texas Local Government Code. 44.10 STAY OF PROCEEDINGS - An appeal stays all proceedings in furtherance of the action appealed from, unless the Administra- tive Official from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to -the Administrative Official from whom the appeal is taken and on due cause shown. 44-5 :CITY OF SOUTHLAKE RECEIVED 667 N. Carroll Avenue Southlake, Texas ZONING BOARD OF ADJUSTMENT JUN-2 9 1994 CITY SECRETAR REQUEST FOR APPEAL 4 1 CO ZBA CASE NO.: ZO* FEE: .00 NAME: George M. Barclay . ADDRESS : 205 Westwood Drive Southlake TX 76092 TELEPHONE: Home: (817) 481-4754 Office: (214) 714-8800 Lot 25B, Block 1 LOCATION OF APPEAL: (address/legal description) rannrllanri uP;ghrg Addition Southlake, TX REASON FOR APPEAL: This is an appeal of the decision of Karen CWdv, Administrative Official for the City of Southlake, Texas, concerning the issuance of the building Hermit for Lot 25B Block 19 Woodland Heights Addition as reflected in Ms. Go_ndy's June 23, 1994 correspondence to my counsel, a copy of which is attached hereto and incorporated by reference. I am the owner of Lot 24, Block 1,.Woodland Heights Addition, which is directly adjacent to Lot 25B. I assert that the flat roofed commercial structure allowed by the permit for Lot 25B is in violation of the Southlake Comprehensive Zoning Ordinance. The s ecific violations presented by the proposed structure are outlined in detail in the attached correspondence, all of which is incorporated by reference. For all those reasons, Ms. Gandy's decision should be reversed and the permit for the construction of a flat roof commercial structure on Lot 25B should not be allowed. SIGNATURE: DATE: June 29, 19 LOCAL GOVERNMENT CODE, Section 211.011: "(a) Any of the following persons may present to a court of record a verified petition stating that the decision of the board of adjustment is illegal in whole or in part and specifying the grounds of the illegality: (1) a person aggrieved by a decision of the board; (2) a taxpayer; or (3) an officer, department, board, or bureau -of the municipality. (b) The petition must be presented within 10 days after the date the decision is filed in the board's office." Mayor: Gary pokes Mayor ProTem: Jerry Farrier Councilmembers: Michael Richarme W. Ralph Evans Stephen W. Apple Sr. Jon Michael Franks Andrew L. Wambsganss City Manager. Curtis E. Hawk Assistant City Manager: Shana K. Rice City Secretary: Sandra L. LeGrand City of Southlake tune 23, 1994 Goins, Underkofler, Crawford & Langdon Attn: Mr. James W. Morris, Jr. 1601 Elm Street, Suite 3300 Dallas. Texas 75201 Re: Building Permit Issued for Lot 25B, Block 1, Woodland Heights Addition Dear Mr. Morris: This letter is written in response to your June 21, 1994 letter on behalf of your client, George M. Barclay. In this letter you assert that I, in my capacity as Zoning Administrator, issued the above -referenced building permit. This is in fact not the case. It is the responsibility of the Building Official Paul Ward to issue any building permit within the City of Southlake. As part of his review process, the appropriateness of the use is checked for compliance with the current zoning on the property in question. In this particular case, an engineering office was determined to be a permitted use in the "0-1" Office district. It is my opinion that there has been no violation of the zoning ordinance. As stated above, the intended use of the property is in compliance with the uses permitted in the Office-1 District. Should you disagree with any of this opinion, you may appeal my decision within a reasonable amount of time, not exceeding sixty (60) days from receipt of this letter, to the Southlake Board of Adjustment. Should you have questions regarding the above, please call me at (817) 481-5581, extension 743. Sincerely, CITY OF SOUTHLAKE 141 MAtV Karen P. Gandy Zoning Administrator cc George M. Barclay - Via Facsimile No. (214) 714-8888 Curtis E. Hawk, City Manager E. Allen Taylor, City Attorney Paul Ward, Building Official 667 North Carroll Avenue • Southlake, Texas 76092 (817) 481-5581 • FAX (817) 488-5097 �A.I C_f IAI nnnnn ""—c—, _"n. City of Southlake, Texas - REGULAR CITY COUNCII, MEETING: TULY 5. 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. Approval of the Minutes of the Regular City Council meeting held on June 21, 1994. 4. Reports: A. Mayor's Report. B. City Manager's Report. C. SPIN Report. CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a councilmember or citizen so requests, in which event the item will be removed from the general order of business, and considered in its normal sequence. 5. Consider: A. Authorizing the Mayor to execute a Contract for Engineering Services with Cheatham and Associates, for a Critical Structure Drainage Study. B. Interlocal Agreement with City of Grapevine to provide Water Service to residents of Grapevine, East of Lonesome Dove Road and North of Dove Road. (Former Grapevine/Southlake ETJ). City of Southlake, Texas Regular City Council Meeting Agenda y July 5, 1994 page two REGULAR AGENDA 6. Public Forum 7. Consider: Ordinances, second reading and related items. A. Ordinance No. 480-127, 2nd reading (ZA 94-48), Rezoning for a 4.3 acre tract of land out of the Isham A. Belcher Survey, Abstract No. 30, and the A. Robinson Surveys, Abstract Nos. 1131 and 1132. Location: West of North White Chapel Blvd. adjoining the U.S. Corp of Engineers property to the north. Current zoning is "AG" Agricultural, with a requested zoning of "SF-lA" Single Family Residential. Owner/Applicant: Platinum Ventures, Inc. T.G. Herron, President. PUBLIC HEARING. B. Ordinance No. 480-128, 2nd reading (ZA 94-49), Rezoning for a 4.312 acre tract of land situated in the A. H. Chivers Survey, Abstract No. 299. Location: South of East Dove Road and west of North Carroll Avenue. Current zoning is "AG" Agricultural, with a requested zoning of "SF-lA" Single Family Residential. Owner/Applicant: David B. Arnold. PUBLIC HEARING. C. Ordinance No. 480-129, 2nd reading (ZA 94-51), Rezoning for a 6.09 acre tract of land situated in the Thomas M. Hood Survey, Abstract No. 706. Location: East of North Peytonville Avenue, west of Shady Oaks Drive and south of West Dove Road. Current zoning is "AG" Agricultural, with a requested zoning of "SF-lA" Single Family Residential. Owners/Applicants: Kathleen L. Sumner and F.L. Bailey. PUBLIC HEARING. D. Ordinance No. 480-132, 2nd reading (ZA 94-56), Rezoning and Site Plan for property legally described as 0.512 acres being a portion of Lot 5, Parker's Corner Addition. Location: South of West Southlake Blvd., and west of Davis Blvd. Current zoning is "C-2" Local Retail Commercial, with a requested zoning of "S-P-1" Site Plan District. Owner: Metzger Dairies, Inc. Applicants: Drews Realty Group, Inc., Tim Vickery, Vice -President, and Kwik Industries, Sid Hollingsworth, Agents. PUBLIC HEARING. City of Southlake, Texas Regular City Council Meeting Agenda July 5, 1994 page three E. ZA 94-57, Plat Revision of Lot 5, Parker's Corner Addition, being 3.570 acres of land situated in the Jessie G. Allen Survey, Abstract No. 18, and being revised to Lots 5R1, 5R2, 5R3, and 5R4, Parker's Corner Addition. Location: South of West Southlake Blvd., and west of Davis Blvd. Current zoning is "C-2" Local Retail Commercial, with a requested zoning of "S-P-1" Site Plan District. Owner: Metzger Dairies, Inc. Applicant: Wier & Associates, Inc., Rea Stevenson, Agent. F. Ordinance No. 480-N, 2nd reading, Revisions to the Zoning Ordinance No. 480, as amended, specifically Section 6, "Nonconforming Uses" and Section 44, "Board of Adjustments" and their role in the amortization of nonconforming uses. PUBLIC HEARING. G. Ordinance No. 6121, 2nd reading, an ordinance vacating and abandoning a portion of North Kimball Avenue, between S.H. 114 and F.M. 1709, adjacent to Lot 1, Block 1, Kimball/1709 Addition, City of Southlake. PUBLIC HEARING. H. Ordinance No. 613, 2nd reading, an ordinance releasing the City of Southlake's ownership interest in a certain portion of right-of-way on Kimball Avenue, between S.H. 114 and F.M. 1709. PUBLIC HEARING. 8. Consider: Ordinances, first reading and related items. A. Ordinance No. 480-137, 1st 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. B. Ordinance No. 480-138, 1st 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 of Indian Creek Addition. Current zoning is "AG" Agricultural District, with a requested zoning of "RE" Residential Estates. Owner/Applicants: Michael and Susan Lamon. City of Southlake, Texas Regular City Council Meeting Agenda July 5, 1994 page four C. Ordinance No. 607, 1st reading, annexation of .0361 acres of land in the C.M. Throop Survey, Abstract No. 1510, Tract 7A. D. Ordinance No. 614, 1st reading, TU Electric Rate Change, or Resolution No. 94- 33, suspending action regarding the TU Electric Rate Change for 90 days. 9. Resolutions: A. Resolution No. 94-31, appointments to the Zoning Board of Adjustments. B. Resolution No. 94-34, appointments to Teen Court Advisory Board. 10. Other items for consideration: A. Request for variance to Ordinance No. 506, Signs, for Albertson's Marketplace. B. Amendment to Ordinance No. 480 to allow dry cleaning facilities (not exceeding 4,000 s.f.) in the "C-3" General Commercial District. Applicant: John Drews, Development Partner, Southlake Marketplace. 11. Other items for discussion: A. Ordinance No. 615, Dangerous and Substandard Buildin s B. New Alignment of North Kimball Avenue C. Ordinance No. 600, Cable Service Regulatio . D. Realignment of offset intersections. 12. Meeting Adjourned. City of Southlake, Texas Regular City Council Meeting Agend& July 5, 1994 page five 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 1, 1994, at 5:00 p.m., pursuant to the Texas Government Code, Chap.tUjZ, Sandra L. LeGrand City Secretary 1a4"A H Lqk� a -�-.�, , �,•,,�-, 9 CO If you plan to attend this public meetin ave a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481-5581 extension 704, and reasonable accommodations will be made to assist you. cc�w\07-05-M t City of Southlake, Texas 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. cc\exc\wssW-05-%W City of Southlake, Texas MEMORANDUM June 30, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works CITY MANAGER SUBJECT: Cheatham and Associates to Develop a Storm Drain Analysis of Critical Structures The City requires, in Ordinance No. 605 Storm Drainage Policy, new development to contribute to "Critical Structures" in the drainage systems. The staff has been able in the past to look at the potentially impacted structures and to determine cost participation by developers. A study of the critical drainage structure will be the first step in a Storm Water Master Plan. Because of the number of developments, it is critical to develop a comprehensive plan to address these drainage way critical structures. Public Works staff requested a proposal from Cheatham and Associates (see attached) to determine and analyze each "critical structure" (estimated to thirty-five structures); to determine the existing capacity and the future 25-year and 100-year discharge requirements; and to determine the cost of replacement. Cheatham and Associates will provide this service for a flat fee of $15,000 and will provide a preliminary draft of a map and computations in 120 days with the final map and documents delivered 45 days after receiving the City staffs comments. Public Works staff recommends that the City Council authorize Cheatham and Associates to develop the Storm Drain Analysis of Critical Structures for a fee of $15,000. Funding will come from the existing Public Works Streets and Drainage Division budget for Professional Services. Please place this on the July 5th Council agenda for consideration. BW/sm Attachment wpfiles\memos\drain.mas .4 -1 0 CHEATHAM AND ASSOCIATES June 30, 1994 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Re: Proposal for Professional Services in Connection with Development of Storm Drain Analysis of Critical Structures The City of Southlake currently has a considerable number of culverts on existing roadways. These culverts were constructed many years ago when the existing street system was a rural county type roadway. These culverts are undersized, based upon current storm drain design guidelines, and an increased run-off from future upstream development. Generally, it is the developer's responsibility to construct a new structure if there is an existing culvert adjacent to his project, which does not have adequate capacity. The current problem is, however, that it is not known if the culverts have any remaining capacity for a new development. If there is no additional capacity, and the proposed project will overload the culverts ability to function properly, the developer must replace the structure. The city has requested that the consultant evaluate the current capacity of all existing culverts on the city's thoroughfare system and determine their capacity. If the structure is not adequate for the ultimate up -stream run-off, a new structure will be sized. The consultant will denote the size of the required culvert and an estimated cost to replace the existing culvert. The scope of proposed services consist of using the existing topographic map, which is basically enlarged USGS quadrangles of the entire city, to determine the drainage area contributing to each of the existing culverts which exist on the city's thoroughfare plan. Based upon appropriate run-off coefficients for the drainage basin, a calculation will be made for the 25 and 100 year discharge at the culvert. The capacity of each culvert will be analyzed to determine if the culvert is adequate. If not, a new structure will be sized for this location. ENGINEERS - PLANNERS - SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. - Suite 200 - Arlington, Texas 76011 817/548-0696 - Metro 265-8836 - Fax 817/265-8532 '5�9- oZ A Mr. Bob Whitehead, P.E. June 30, 1994 City of Southlake Page 2 Finally, a cost estimate will be prepared for the cost of constructing a new structure which is sized for the ultimate conditions. The City of Southlake will be provided with a 1" = 1000' map of the city with topographic contours indicated at 10' contour intervals. This map will indicate, by a reference numbering system, each of the critical structures which were analyzed. A separate document will be provided which will list each culvert, the existing size, length, and existing capacity of each, and the 25 and 100 year discharge at the culvert. If the culvert is not adequate, a cost for replacing the culvert with a proper structure will be listed. A table will also be provided which indicates the calculations of the 25 and 100 year discharge at each culvert. SCHEDULE: A preliminary draft of the map and computations will be delivered to the city for review within 120 days of the notice to proceed. The final map and documents will be delivered within 45 days after receiving the city's comments. ': Our fee for completing the services included in this proposal, and listed in the scope of services, shall be a flat fee of $15,000, which is based on the calculations and analysis of up to, and not to exceed, 35 critical structures. Professional fees for studies and reports are normally calculated using hourly rates (inclusive of wages + benefits times an overhead and profit multiplier) plus direct expenses times a handling multiplier. The fees proposed for this project are based on the hours estimated for each phase of the project times hourly rates. The fee shown on this page (15,000.00) is a total flat fct that will not be exceeded unless you specifically direct additional work be performed. The fee includes all direct expenses. The following is the current rate schedule used to calculate job fees. These fees include all wages, benefits, overhead and profit. Jri9-3 Mr. Bob Whitehead, P.E. City of Southlake FEE SCHEDULE: The following is the current rate schedule used to calculate job fees. Principal Engineer . . . . . . . . . . . . . . . . . $90.00 Registered Engineer . . . . . . . . . . . . . . . . $75.00 Staff Engineer . . . . . . . . . . . . . . . . . . . $70.00 Land Planner . . . . . . . . . . . . . . . . . . . $65.00 Certified City Planner (AICP) . . . . . . . . . . . . $67.50 Registered Landscape Architect . . . . . . . . . . . $65.00 Licensed Irrigator . . . . . . . . . . . . . . . . . $60.00 Technician . . . . . . . . . . . . . . . . . . . . $55.00 Construction Inspector . . . . . . . . . . . . . . . $45.00 Drafter . . . . . . . . . . . . . . . . . . . . . . $45.00 Technical Typist . . . . . . . . . . . . . . . . . . $40.00 4 Man Survey Crew . . . . . . . . . . . . . . . . $85.00 3 Man Survey Crew . . . . . . . . . . . . . . . . $75.00 TERM June 30, 1994 ' Page 3 Invoicing will be based on percentage of completion. Billing will normally occur around the first of each month and payment expected within ten working days. GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. If this proposal meets with your approval, please sign below and return a copy to our office. Respectfully, Eddie Cheatham, P.E. Principal \proposal\stormdrn. ana Accepted this By: Title: Firm: day of sq s/ 1994 y-: 'r.5 City of Southlake, Texas MEMORANDUM June 30, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works u SUBJECT: Interlocal Agreement With City of Grapevine to Provide for Water Service to Residents of Grapevine in an Area East of Lonesome Dove Road and North of Dove Road. The City of Grapevine annexed an area generally described as: east of Lonesome Dove Road; north of Dove Road and west of Lake Grapevine. This area was previously in Tarrant County and Grapevine's E.T.J. The City of Southlake provided water service to nine customers in this area. Since this annexation, staff has been pursuing from Grapevine an Interlocal Agreement for providing water service to the affected citizens. Southlake currently has an Interlocal Agreement with Grapevine for a water connection at S.H. 114 and Southlake Blvd. to provide an emergency supply to Southlake's system. We have had to utilize this connection twice in the last two years. The proposed Interlocal Agreement provides for : • Sect. II-1 Southlake will provide water service to the current residents. • Sect. II-2 Grapevine will allow no additional connections "without prior approval of the Southlake City Council and a written amendment to this Agreement. " • Sect. III-1 Grapevine will reimburse Southlake for water utilized by annually using the emergency connection to provide an equal amount of water to flow to Southlake's system. • Sect. IV-1,2 Grapevine shall install meters, read the meters, and report the reading to Southlake monthly. • Sect. IX Both parties have right to terminate the Agreement. • Sect. XI Grapevine "shall fully indemnify and hold harmless, the City of Southlake, and of its respective, officers, officials... " "including, but not limited to the following: 1. Southlake's failure to supply water ,6- / Curtis E. Hawk Interlocal Agreement With City of Grapevine June 30, 1994 Page 2 2. Southlake's failure to supply sufficient water or at sufficient water pressure 3. Southlake's failure to maintain the supply 4. Grapevine's failure to maintain the water Please place this on the City Council July 5, 1994 agenda. BW/sm Attachments Jr.6—Z line lines and meters X A Future With A Past GRAPEVINE June 22, 1994 Mr. Bob Whitehead Director of Public Works City of Southlake 667 North Carroll Ave. Southlake, TX 76092 Re: Interlocal Agreement/Water Dear Mr. Whitehead: ,RCEg V ED O&T. OF PUBLIC WORKS Enclosed is the Interlocal Agreement for water service provided by your City to residents in the City of Grapevine. After approval by your City Council, please return to Grapevine so that we may take it to our City Council for action. If I can answer any questions, please call me at (817)481-0374. Sincerely, Matt Singleton Asst. Director of Public Works MS/rw xc: Jerry L. Hodge, Director of Public Works Shirley Whitaker, Utility Billing Supervisor Khris Seaver, Water Superintendent OA.A"T .'M. THE CITY OF GRAPEVINE P.O. Box 95104 • Grapevine, Texas 76099 • Phone Metro 817/481-0300 is to INTERLOCAL AGREEMENT FOR COUNTY OFTARRANT WATER SERVICE FOR RESIDENTS OF GRAPEVINE This Interlocal Agreement for Water Service for Residents of Grapevine (the "Agreement") is made and entered into by and between the City of Grapevine, Texas, a municipal corporation located in Tarrant County, Texas, ("Grapevine") and the City of Southlake, Texas, a municipal corporation located in Tarrant County, Texas ("Southlake"). WHEREAS, Grapevine and Southlake desire to enter into an interlocal agreement at the request of Southlake to provide Water Service for Residents located East of Lonesome Dove and North of Dove Road, in Grapevine; and WHEREAS, Chapter79, Texas Government Code, interlocal government contracts, as amended, (the "Act") provides authorization for municipalities to contract with one another for the performance of governmental functions and services under the terms of the Act; and WHEREAS, Southlake has presently sufficient capacity in its water system to accommodate Grapevine's request; and WHEREAS, both Grapevine and Southlake have current revenues available and allocated to cover their respective performance requirements under this Agreement; and 1 S,3 —s1 WHEREAS, Southlake has provided this service in the past for these residents; and WHEREAS, Grapevine intends to have an adequate Water System constructed and operating to provide service in this area in the future; and WITNESSETH: NOW THEREFORE, for and in consideration of the mutual covenants, terms and conditions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of which are hereby acknowledged, Grapevine and Southlake hereby contract, covenant, warrant and agree as follows: ADOPTION OF PREAMBLE All of the matters stated in the preamble of this Agreement are true and correct and are hereby incorporated into the body of this Agreement as though fully set forth in their entirety herein. CONNECTIONS 1. Southlake agrees to provide Water Service to the residents currently receiving service from Southlake north of Dove Road and East of Lonesome Dove Road 2 ,�,6 -..S as shown on the site plan, a copy of which is attached as Exhibit A, which area is within the corporate limits of the City of Grapevine. 2. Grapevine agrees that the connections are for water service only, and no additional facilities shall be connected without prior approval of the Southlake City Council and a written amendment to this Agreement. Grapevine agrees to take reasonable measures to ensure that no person or entity shall connect to said facilities contrary to or in violation of this Agreement. CHARGES FOR EMERGENCY WATER SERVICE 1. Grapevine shall reimburse Southlake for the water utilized on a yearly basis with water from the Grapevine water system via the emergency connection at Industrial Blvd. and State Highway 114. IV. METER READING 1. Grapevine shall determine yearly water usage from actual water meter readings obtained monthly from a master water meter on Fox Fire and from cumulative individual meter readings on Lonesome Dove. Meters to be installed and maintained by Grapevine. 3 2. Grapevine shall turn meter readings into Southlake, monthly on -the 10th of each month. V. COMPLIANCE WITH LOCAL AND FEDERAL LAWS 1. Grapevine agrees to and shall comply with all applicable ordinances, resolutions and other rules and regulations of Southlake, except as specifically provided by this Agreement, and with all applicable state and federal laws. VI. REMEDIES 1. Southlake may discontinue this water service to Grapevine for any violation or breach by Grapevine of the terms of this Agreement by giving Grapevine written notice of the breach and thirty (30) days from receipt of said notice to cure the breach. Upon failure to timely cure the breach, Southlake may discontinue the water service. day of VII. TERMS This Agreement shall be for a term of five (5) years commencing on the 19 H S/.3-% Vill. NOTICES Any notice required to be given under this Agreement shall be deemed to have been adequately given if deposited in the United States mail in an envelope with sufficient postage and properly addressed to the other party as follows: TO GRAPEVINE: City of Grapevine P.O. Box 95104 Grapevine, TX 76099 Attn: City Manager TO SOUTHLAKE: City of Southlake 667 North Carroll Avenue Southlake, TX 76092 Attn: City Manager A change of address may be made by either party upon the giving of ten (10) days prior written notice. "I - TERMINATION 1. Grapevine may terminate this Agreement prior to the end of the term upon any of the following conditions: 9 s�-8 a. Southlake has discontinued emergency water service to Grapevine on two (2) or more occasions; or b. Southlake in its sole discretion does not have sufficient water capacity to provide emergency water service to Grapevine. 2. The parties may terminate this Agreement at any time by mutual written consent. 3. Upon the termination of this Agreement, Southlake shall have the absolute right to terminate and discontinue the emergency water service to Grapevine and shall be entitled to take any and all action necessary to effectuate the termination and discontinuation of emergency water service. XI. INDEMNIFICATION AND HOLD HARMLESS Grapevine for ten dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, shall fully indemnify and hold harmless, the City of Southlake, and of its respective officers, officials, employees, and agents, from suits, actions, claims, losses and expenses, including court costs and attorney fees, of any character, name, and description, brought on for or on account of any injuries or damages, including death, received or sustained by any person or property on account or arising out of, or in connection with, including, but not limited to the 0 se- following: 1. Southlake's failure to supply water to Grapevine pursuant to this agreement; 2. Southlake's failure to supply sufficient water, and sufficient water pressure, to Grapevine pursuant to this agreement; 3. Southlake's failure to properly maintain the water line which supplies Grapevine with water pursuant to this agreement; 4. Grapevine's failure to properly maintain the lines and meters which are connected to the water line which supplies Grapevine with water pursuant to this agreement; 5. Any such injury resulting from a negligent of Grapevine its agents, servants or employees. M MISCELLANEOUS PROVISIONS 1. Grapevine shall report to Southlake any leaks it may notice in the water line which provides the water service within a reasonable period of time. 7 2. This Agreement shall be binding upon -and inure to the benefit of the parties hereto. 3. This Agreement constitutes the sole and only agreement of the parties relative to this subject and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter hereof. 4. No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties. 5. This Agreement may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 6. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 7. The obligations and undertakings of each of the parties to this Agreement are and shall be performable in Tarrant County, Texas. 8. Southlake does not guarantee, by the execution of this Agreement, adequate water supply or adequate water pressure, to the water line which shall supply Grapevine with emergency water service. This Agreement shall not be relied upon for any reason by Grapevine or any person or entity not a party hereto, for the adequate supply of water or water pressure to the water line which shall supply Grapevine with emergency water service. Mayor, City of Grapevine Date City Secretary City of Grapevine Date APPROVED BY COUNCIL: /rw c:vwr�.si 0 15'&-1 z Mayor, City of Southlake Date City Secretary City of Southlake Date EXHIBIT 'A' v" 1 r •r rr r _r `�� RAM L r+ Few-t w CRY Of CRMEVk1E SL ClTY OF Q� •• S:• ' �r 1 A6 City of Southlake, Texas - MEMORANDUM June 22, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-48 Rezoning Request / Ordinance No. 480-127 REQUESTED ACTION: Rezoning for a 4.3 acre tract of land situated in the Isham A. Belcher Survey, Abstract No. 30, and the A. Robinson Surveys, Abstract No. 1131 and 1132 LOCATION: West of North White Chapel Blvd. adjoining the U.S. Corps of Engineers property to the North OWNER/APPLICANT: Platinum Ventures, Inc., T.G. Herron, President CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-lA" Single Family Residential LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Six (6) RESPONSES: No written responses received P & Z ACTION: June 9, 1994; Approved (5-0) COUNCIL ACTION: June 21, 2994; Approved (7-0) First Reading Ordinance No. 480-127 KPG/bls C AWMMEMO\94CASEM94-482 7R-I I' 1 1 Clllllllillllllllllllllllllll�t�t�t��lllliill .CC: CC;C�. CC CC. -- -- --^—�•;--ate...—� �� ----: ��1��■t��:--Ate—*�� REIS PRICE �.-'..-.:�� -..yam .•�.-.-� 6 Usk DENTO lfllitlltititllilttittllllllllll � lfttl,.ltltl��lltltt11111111111111 fe�Zi11111t111111 iil 111111 ��► flilllll►•, filllillll\�� "�•� II�I�Itlillllllll\ i< -p-d [adLgD ajigM- ung mus ola m m w w z c5 z w u. O a m O U cc a ui n IN IN n L K pAD j" (Deed . CGII: l l I t, S 07"42'08'� E. V►' 89.84. E' 233 60' S 08,. ;25 E ,4'34337 E 89i 55' S. �y 229,66 I � I CN .I No I O _ O� it I `N i a o to rn � I I o E (o ` I r0. N I I vi Lu i v� Svc (n� O 3t LQ� p N tO �. co 0p I 0 I / -+ a00,0 .L.Q N I lL a Cl- 3 t � I N ` CO z. I •Y � O s p V r CITY OF AKE, TEXAS DPWINFANCE NO. 480-127 AN OVMNANCE AMENDING ORDINANCE NO. 480, AS DIED, THE COMPREHENSIVE ZONING ORDINANCE F THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 4.3 ACRES OF LAND SITUATED IN THE ISHAM A. BELCHER SURVEY, ABSTRACT NO. 30, AND THE A. ROBINSON SURVEYS, ABSTRACT NO. 1131 AND 1132, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF -IA" SINGLE-FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENAL FOR VIOLATIONS HEREOF; PROVIDING A SAVI GS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF CTIVE DATE. WHEREAS, the City of Southlake, Texas is a hom le City acting under its Charter adop d by the electorate pursuant to Article XI, Sectio of the Texas Constitution and Chapter 9 of th Texas Local Government Code; and, WHE ursuant to C 11 of the Local Government Code, the City has the authority to adopt a compre ensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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:\0RD\Z0NING\480.127 Page 1 7�-s 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: CAORMZONING\480.127 Page 2 �7A-b Being a 4.3 acre tract of land situated in the Isham A. Belcher Survey, Abstract No. 30, and the A. Robinson Surveys, Abstract No. 1131 and 1132, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF-lA" Single -Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. C:\0RD\Z0NING\480.127 Page 3 r� 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 MAYOR day of , 1994. CITY SECRETARY CAORMZONING\480.127 Page 4 71q -9 APPROVED AS TO FORM AND LEGALITY: CITY ATTO RNEY RNEY O DATE: ADOPTED: EFFECTIVE: C : \O RMZO NING\480.127 Page 5 70 -1Q EXHIBIT "A" Beginning at a 112 inch iron rod set at the intersection of the West line of White Chapel Road and the South line of a tract of land conveyed to the United States of America ( known as tract D-336, Grapevine Reservoir ) by John W. Carpenter and wife, Flossie G. Carpenter, and recorded in the Deed Records of Denton County, Texas ( DRDCT ); Thence South 14 deg. 17 min. 33 sec. East, along the West line of said White Chapel Road, a distance of 229.66 feet to a 318 inch iron rod found, ( Deed Call: South 14 deg. 34- min. 44 sec. East, a distance of 233.60 feet ); Thence Continuing along the West line of said White Chapel Road, South 08 deg. 23 min. 25 sec. East, a distance of 89.55 feet to a 318 inch iron rod found for corner, said point being the most Easterly Northeast corner of a tract of land described in a deed to the Federal Deposit Insurance Corporation, (FDIC), recorded in Volume 2223, Page 690, DRDCT, ( Deed Call: South 07 deg. 42 min. 08 sec. East, a distance of 89.84 feet ); Thence South 88 deg. 01 min. 42 sec. West, along the Easterly North line of said FDIC tract, a distance of 612.60 feet to a 112 inch iron rod found for corner, ( Deed Call. South 88 deg. 24 min. 06 sec. West, a distance of 613.56 feet ); Thence North 03 deg. 30 min. 03 sec. East, along the East line of said FDIC tract, a distance of 347.31 feet to 'a 112 inch iron rod found for corner, said point being the most Northerly Northeast comer of said FDiC tract, said point also being in the South line of said USA tract; Thence South 88 deg. 24 min. 47 sec. East, along the South line of said USA tract, a distance of 521.47 feet to the Point of Beginning, and containing 187,545 sq. ft. or 4.30 acres of land, more or less. Save and Except any and all portions thereof contained within any and all public or private roadway. C:\ORD\ZONING\480.127 Page 6 City of Southlake, Texas - MEMORANDUM June 22, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator y SUBJECT: ZA 94-49 Rezoning Request / Ordinance No. 480-128 REQUESTED ACTION: Rezoning for a 4.312 acre tract of land situated in the A.H.Chivers Survey, Abstract No. 299, Tract 1F LOCATION: South of East Dove Road and West of North Carroll Ave. OWNER/APPLICANT: David B. Arnold CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-lA" Single Family Residential LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Eight (8) RESPONSES: No written responses received P & Z ACTION: June 9, 1994; Approved (5-0) COUNCIL ACTION: June 21, 1994; Approved (7-0) First Reading Ordinance No. 480-128 W KPG/bls CAWPF\MEM0\94CASES\94-49.Z I B-i \ 1 .5 6A 1.00 @ i W Z A i J a i °C i 2R o 66 1.5 @ U H 1.00 @ > i I I TR i 1A1E1 ^ s 1.0 TR 1A1 $ 1 .917 AC $ AC I T«; iaiaa � i� � "AG". 2.3 ACI .« 1T651E@ TR IE $ 1.65 i TR L lAlA lAlE U 3 AC is itI f-' 1.0 TR 1A10 1 _1 AC .' ! = 1.0 AC 110 11� I I 110 Q'P to too .20 TR IA18 R 3.08 AC I 4X4 2" 1 e r 1 AGE " AG " TR W TR iC1 TR IC 2.5 AC 1.93 @ 3.07 AC � C c N U � t- 16o p t29 1 965 W.Hudson TR 16 9.0 AC 11Ac" ADJACENT OWNERS AND ZONING TR 2A i 0.37 AC We 1 TR 2C1 8.78 AC In0 R IN CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-128 FANCE AMENDING ORDINANCE NO. 480, AS ED, THE COMPREHENSIVEZONING ORDINANCEE CITY OF SOUTHLAKE, TEXAS; GRANTING A CHANGE ON A CERTAIN TRACT OR TRACTS OF ITHIN THE CITY OF SOUTHLAKE, TEXAS BEING CRES OF LAND SITUATED IN THE A.H. CHIVERS Y, ABSTRACT NO. 299, TRACT 1F, AND MORE AND COMPLETELY DESCRIBED IN EXHIBIT "A" AG" AGRICULTURAL TO "SF-lA" SINGLE-FAMILY NTIAL DISTRICT, SUBJECT TO THE SPECIFIC EMENTS CONTAINED IN THIS ORDINANCE; CTING 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. W E , i of Southlake, Texas is a home ity acting under its Charter adopted b the electorate pursuant o ticte 3ff 9 a ion 5 of the Texas Constitution and Chapter 9 of the xas Local Government Code; and, W EREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 CAORMZONING\480.128 Page 1 18- 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: C : \O RD \ZONING \480.128 Page 2 I U `J Being a 4.312 acre tract of land situated in the A.H. Chivers Survey, Abstract No. 299, Tract 1F, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF -IA" Single -Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, CAORMZONING\480.128 Page 3 7 8 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 CAORMZONING\480.128 _ Page 4 - APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CAORMZONINGW80.128 Pu° 5 7B -S EXHIBIT "A" IN s BEGINNING at a nail found in the center of Dove Road, in the North line of said Chivers Survey, said point being, by deed call in the above referenced deed 1070.6 feet, West of the Northeast corner of said Chivers Survey; THENCE East along the center of said Dove Road and with said survey line 272.47 feet to a nail found for corner; THENCE S. 00-09'-0111E. 672.15 feet to a concrete monument found for corner; THENCE West 278.35 feet to a capped 'h" iron found for corner; THENCE N. 00-21'-04" E. 672.16 feet to the POINT OF BEGINNING, and containing 4.312 acres. CAOMMANG\480. l28 Page 6 7B-9 City of Southlake, Texas - MEMORANDUM J June 22, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-51 Rezoning Request / Ordinance No. 480-129 REQUESTED ACTION: Rezoning for 6.09 acres situated in the Thomas M. Hood Survey, Abstract No. 706, Tracts 3132, 3F, and 1106 LOCATION: East of North Peytonville Avenue, West of Shady Oaks Drive and South of West Dove St. OWNERS/APPLICANTS: Kathleen L. Sumner and F.L. Bailey CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-lA" Single Family Residential LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Ten (10) RESPONSES: Five (5) written responses received: * James & Wanda Glover, 1355 N. Peytonville, not opposed if drainage concerns are addressed. * Ruthann D. Ashew, 1213 Cross Timber Dr., opposed, concerned with increased traffic, increased density and increased crime. * Glen & Alice Burgess Jr., 1253 N. Peytonville, opposed. * Don J. & Annette Weeks, 1325 N. Peytonville, opposed, concerns with drainage and flooding problems. * Owner: Kathleen Sumner, 1205 N. Peytonville, in favor. P & Z ACTION: June 9, 1994; Approved (5-0) COUNCIL ACTION: June 21, 1994; Approved (7-0) First Reading, Ordinance No. 480-129. STAFF CONMIENTS: Note that the Applicants have reapplied for plat approval reducing the number of lots to two (2), each meeting the minimum lot frontage of 100' . KPC�G//bls �% C:\WPRMEMO\94CASES\94-51.Z / � - 1 ca F- oa U) U) tL a - > tL cu m Y 4 m tr Ql c Qt U ~ N F— m C'3 f- to m sic occ _J Cl) W z (7 � U o z .� 0° ,� f-- ° O N .J = z u: W 0 Vaa �a Q a m caa m a: o � t,�a O U J F_ F— N c= 3-1-IIANOiA3d ct Zia3Ab set a! os as os! 0 N v Cl) m a N V~ .. N LL m y N = U� C ON = Q to Its cgs cci os� ca tno 80 839WI1 SS083 o¢^ ¢ . L° nt ut Q tb 7C -3 - z -� -- CITY OF SOUTHLAKE, TEX ORDINANCE NO. 480-129 AN ORDINANCE AMENDING ORDINANCE NO. 80, AS AMENDED, THE COMPREHENSIVE ZONING OR IN- CAS OF THE CITY OF SOUTHLAKE, TEXAS; GRANTIN ZONING CHANGE ON A CERTAIN TRACT OR TRACTS O LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 6.09 ACRES OF LAND SITUATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, TRACTS 3132, 3F, AND 1106, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF -IA" SINGLE-FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING SAVINGS CLAUSE; PROVIDING FOR PUBLICATION I E OFFICIAL NEWSPAPER; AND PROVIDING AN E CTIVE f DATE. WHEREAS, the ity of outhlake, as is a ome rule er its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 CAORMZONING\480. l29 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: C : \O R D\ZONING\480.129 Page 2 C-5 Being a 6.09 acre tract of land situated in the Thomas M. Hood Survey, Abstract No. 706, Tracts 3B2, 3F, and 1106, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF -IA" Single -Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the Cit y 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, CAORMZ.ONING\480.129 Page 3 7 C - /_ 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 CAORMZONING\480.129 Page 4 APPROVED AS TO FORM AND LEGALITY: �w -- CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CAORMZONINGW80.129 Page 5 U _ Q EXHIBIT "A" THAT WHEREAS, Kathleen L. Sumner is the owner of a tract in the T. M. Hood Survey, Abstract No. 706, situated in the City"of Southlake, Tarrant County, Texas, and being a portion of the tract described in a•deed to David W. Palmlund and wife Kathleen L. of record in volume 8164, Page 907, Deed Records, Tarrant County, Texas, said portion being more particularly described by metes and bounds as follows: BEGINNING at a h" iron found at the Southwest corner of the above referenced tract in the East right-of-way line of North Peytonville Avenue, said point being, by deed calls, in the above' referenced deed, 2636.5 feet South and N. 890 - 16' - 4Q" E 24.0 feet from the Northwest corner of said Hood Survey; ' THENCE North 67.99 feet along the East line of said North Peytonville Avenue to a iron set in same for corner; THENCE N. 870 - 17, - 00" E. 470.14 feet to a k" iron set for corner; THENCE North 218.62 feet to a h" iron set in the North line of the above referenced tract, same being the South line of a tract described in a deed to Glen B. Burgess, of record in Volume 4572, Page 90, Deed Records, Tarrant County, Texas; THENCE S. 890 - 28' - 47" E. 352.68 feet along the South line of the last referenced tract to a 4" metal fence corner post for corner; THENCE S. 0?0 - 02' - 01" E. 310.30 feet along the East line of the tract described in Volume 6164, Page 907, Deed Records, Tarrant County, Texas, same being the West line of a tract described in a deed to Ernest E. Taylor of record in Volume 2312, Page 624, Deed Records, Tarrant County, Texas, to a 3/4" iron found for corner; THENCE S. 040 - 36' - 20" W. 42.82 feet continuing a long the West line of said Taylor tract and the East line of said Palmlund tract to a �11 iron found for corner; THENCE S. 890 - 49' - 54" W. 165.31 feet along the most Southerly line of the last referenced tract to a h" iron found for corner; THENCE N. 000 - 25' - 30" E. 44.06 feet to a �" iron found for corner; THENCE N. 890 - 41, - 47" W. 665.08 feet along the most Northerly South line of the last referenced tract to the POINT OF BEGINNING and containing 3.59 acres. CAORMZONING\480.129 Page 6 U" / EXHIBIT "A" AND THAT- WHEREAS, F. L. -Bailey is the owner .of a tract in the T. M. Hood Survey, Abstract NO. 706, situated in Tarrant County, Texas, and being that portion of the tracts described in a deed to David W. Palmlund and wife Kathleen L. of record in Volume 8164, Page 907, Deed Records, Tarrant County, Texas, as described in a deed to said F. L. Bailey filed under . Clerks File NO. D194085002, Tarrant County Clerks Office, and being more particularly described by metes and bounds as follows: COMMENCE at the Southwest corner of the above referenced tract in the East right-of-way line of North Peytonville Avenue, said point - being, by deed calls in the above referenced deed, 2638.5 feet South and N.. 690 - 16' - 40" E. 24.0 feet from the Northwest corner of said Hood Survey, thence North 67.99 feet along the West line of the above referenced tract to a h" iron set in same for the Southwest corner and POINT OF BEGINNING of the herein - THENCE North 245.17 feet along the West line of the above referenced tract to a 3/8" iron found at the Northwest corner of same; THENCE S. 8900- 28' - 47" E. 469.63 feet along the North line of the above referenced tract to a h" iron set in same for the Northeast corner of the herein described tracts THENCE South 218.62 feet to a h" iron set for corner; THENCE S. 870 - 17' - 00" W. 470.14 feet to the POINT OF BEGINNING and containing 2.50 acres. i" C:\0RD\Z0NING\480.129 Page 7 1C-10 City of Southlake, Texas - MEMORANDUM s June 22, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-56 Rezoning and Site Plan/Parker's Corner Addition Ordinance No. 480-132 REQUESTED ACTION: Rezoning and Site Plan for property legally described as 0.512 acres, being a portion of Lot 5, Parker's Comer Addition LOCATION: Southwest of the comer of F.M. 1709 and Davis Blvd. OWNER: Metzger Dairies, Inc. APPLICANTS: Drews Realty Group, Inc., Tim Vickery, Vice President, and Kwik Industries, Sid Hollingsworth, Agent CURRENT ZONING: "C-2" Local Retail Commercial REQUESTED ZONING: "S-P-l" Detailed Site Plan District to allow a Kwik Lube facility LAND USE CATEGORY: 100 Year Flood Plain and/or Low Density Residential NO. NOTICES SENT: Six (6) RESPONSES: One written response received: * Joseph R. Mantheiy, Lot 4, Parker's Corner, opposed, commented that this will impact Lot 4 to the South. P & Z ACTION: June 9, 1994; Approved (5-0), subject to the first Plan Review Summary dated June 3, 1994. COUNCIL ACTION: June 21, 1994; Approved (6-1) First Reading, Ordinance No. 480-132, subject to the Plan Review Summary dated 6/17/94 and increasing the density of the North bufferyard along F.M. 1709. STAFF COMMENTS: The Applicant has met all the review comments of the second Plan Review Summary dated June 17, 1994 with the exception of those y� items addressed in the attached third Plan Review Summary. KPG/bls C AWPF\MEMO\94CASES\94-56.Z 7 Q- I 1 qb • TR.20 13.75 Ac H. Foreste ##AG' 1.2F 71 @ �7 J Ok 2F� fate o{'feo' . -Vhe S .0 1 1.0681 Q r LLJ ti•�� Y t � P J. Martin of u 2 1 C �OJ�� ` TR 2A4 TR 2A]4A 88 AC 1.01 IAC 1 1 � So /uthlake JV "C-3" I � l b O. Collins �c TA I 5Aj 2A3' TR TA 2A I24 "C-2" 14 AG"3A -IA TR 2A 1 rL @ 3.63 AC `j .46 I.4 ` @ @ 1 I TR 2A5 TA 2ASA � O O TR 2A I 1 .50 ' AC TR I2A (� A ,9 TR 2A TR 2A6 @ I .��i I 1.4 AC J. Manthei CJ ..RE" Y 1 RTR TR 1 lE �'-� n t 15 1 I @ 1 _ 1 I 1 ADJACENT OWNERS A_ND ZONING GUFa, j TR IC•' 3 15 j I 5.0 AC 2 !I tet r stzs nisi %Pm Im 'b im wm sin 'm uBlsep =101jil loelpone edeospus�) SVX31 3XvIHinoS LL `* "-' W •�•�•S•� sipme JOB43 W Sam v iio av>i mmN oIMF o m .Z lo0il soxal 'Alunoo luo»ol '0� 0143noS 10 Alp a43 01 uolllppo u0 _ 'JeW00 s,J8MJDd 'g lol to uoiljod V w NOUdI80S30 1V03l t� o >; w N X_ I U O II Z j 0, N ° ,OIL 1 \ z W i L) U }Qj O N _ CL CAZ z Im N o N u)0. WgN3 I; N 1 a � v w I I00 h. i I I Q) i b 1 I Im- 1 a D. I -u x 1 H 993S4£ e� �a x L 3 3 _ 60LL 'W'J 7 ✓_ 4 N 7 CV J (V Z LC)CL — r� (nix V W ~ Z In J F_ (n � J Z oo� Q Y_ Cr- �J I Y JQ00 L z� ® o LLJ I C Z CVO 3: I`— p ACV 6 City of Southlake, Texas SITE PLAN REVIEW SUMMARY CASE NO: ZA 94-56 REVIEW NO: THIRD DATE OF REVIEW: 07/01/94 PROJECT NAME: Site Plan for S-P-1 Rezoning for Kwik Lube, Being a Portion of Lot 5. Block 1, Parker's Comer Addition OWNER/APPLICANT: Metzger Dairies. Inc. 5400 S . Lamar Dallas, Texas 75215 PHONE: FAX: ENGINEER/PLANNER/ARCHITECT: Kwik Industries 4725 Nall Road Dallas, Texas 75244 PHONE: (214) 458-9761 FAX: (214) 458-0948 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 06/27/94 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817) 481-5581, EXT. 744. 1. Screen the dumpster on all sides. * The applicant should be aware that prior to issuance of a building permit, 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, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Proposed improvements within State R.O.W. will require TxDOT approval prior to issuance of a building permit. * Although the applicant has provided information regarding the type and location of the proposed sign, please be advised that all signage shall meet the requirements of Ordinance No. 506 and shall require a separate permit. * Although the applicant submitted landscaping plans in support of the "S-P-1" rezoning request, no review was done at this time. They must resubmit the landscaping and irrigation plans with the building permit request. * Denotes Informational Comment cc: Metzger Dairies, Inc. Kwik Industries Drews Realty Group, 5440 Harvest Hill Road, Suite 150, Dallas, Texas 75230-1605 cAwpflrev\94-56.sp1 7 — S Im Im l 14 W a g z I K N � 0. z W JR N g � �n SppEj v N10/1NNNN N N 9 NW OO V vi £7e •'j� ! Qpl pgpQp8p' 1KO �pN� _ W .YJ1 r80, p 'M Y1N�PI h <0 `y, UtVo .. = U t0 O<WWyOy11 U �HOf U V1 N ' V' z Id! Cp W JOyyIIO � i) W O� O+ O UWIMF-`W x sp < 20WIJ W O Y O Z m R �fy¢zll�(x� Foa= o_ N W 1711iD.I- �$ o o- �.uem M302 °toga 93 0Yi c� 04 0 * o M. Lz O�OVI <O `0VN N EXKiNC CPAA AREA N y. N p Np 49 <nI i. TE ------2 ---- r 1 9A AOtWw�� THE ST<••N ;�e OF METZCER DAIRIES. WC. `1 VOL 9Ee1, '¢s , ("L.U.D.- LOXF0 11[F-) 1 O.IIi.C.T. g ------ xi3o GO WAOg �N CRR • S Y4rN M 7/0.00" LW.I u$ g�Yi••o �~ 1b SrEl9�'JC e ? 0.0o, oz; z t <` m 5.0 k2'SSiii � I J P-#�X-i V _ _ ' - R 4" CON I -1 VI (3 IJ m i I i - 1 % IOVC I O 1 1 1 I W` Ll ttUZ�� o I p V G J-A 1 I 1 s4r c�s ss ✓ 1 1 1- ONE LANE) Xt SR �o ; '•51 za•sa• E esao = IS•-O" 15-O' 1• &� li' R i L :7 J LY= F.M. 1709 (SOUTH LAKE BLVD.) W a (130' R.O.W.) Ili .-0. 2.-0 I t [�1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-132 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 PROPERTY LEGALLY DESCRIBED AS 0.512 ACRES, BEING A PORTION OF LOT 5, PARKER'S CORNER ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-2" LOCAL RETAIL COMMERCIAL DISTRICT TO "S-P-1" SITE PLAN 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 Cityof Southlake Texas is a home rule City acting under its Charter , adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "C-2" Local Retail Commercial District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and CAORMZONING\480.132 Pagel �D^7 damages; noise producing elements and glare of the vehicular and stationary lights and effect s 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:\0RD\Z0NING\480.132 Page 2 7 1__ Q Being property legally described as 0.512 acres, being a portion of Lot 5, Parker's Corner Addition, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "C-2" Local Retail Commercial District to "S-P-1" Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B. " Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other CAORMZONINGW80.132 Page qD-9 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 CAORDMNINGW80.132 Page 4 U- 1 O APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C AORMZONINGW80.132 Page 5 U _ l EXHIBIT "A" C:\ORD\ZONING\480.132 Page 6 EXHIBIT "A" N LEGAL DESCRIPTION LOT 5R3 PARKER'S CORNER BEING 0.512 acre tract of land located in the JESSIE G. ALLEN SURVEY, Abstract No. 18, Tarrant County, Texas, being a portion of Lot 5, Parker's Corner Addition to the City of Southlake, Tarrant County, Texas according to the plat recorded in volume 388-150, page 49 of the Plat Records of Tarrant County, Texas being more particularly described by metes and bounds as follows: COMMENCING at a point in the East boundary line of said Lot 5, Parker's Corner Addition and the South right-of-way line of Southlake Boulevard (F.H. Road No. 1709, a 130-foot width right- of-way) ; THENCE $ 51.26134"W, along the South right -of -stay line of said Southlake Boulevard, 113.86 feet to the PLACE OF BEGINNING; THENCE S 38.33'26"E, 210.03 feet to a point in the North line of a 1.049 acre Drainage Easement recorded in volume 9882, page 396, Deed Records of Tarrant County, Texas; THENCE S 51.26134"W, 110.00 feet along said easement; THENCE N 38'33126"W, 144.43 feet to a point; THENCE N 17'41144"W, 70.20 feet to a point in the South right-cf- way line of Southlake Boulevard (F.M. Road 1709); THENCE N 51'26134"E, 85.00 feet along said right-of-way to the PLhCE OF BEGINNING, containing 0.512 acre (28,523 square feet) of land. C:\ORD\ZONING\480.132 Page 6 1 D-13 EXHIBIT "B" IN W� = n U W ul I L u N ♦ az N10/r VOrNNN N Q- pp�mvpl8QnbN��g14 r'1Ycr WW O 8 n 7]ii�S[ - 6W(,i✓w U OrO� U U � t0 � Cc OWWU W�ZOIWWI2J O]� pW O, 4~X= W O O m Sp: \ i N - yS ((ppJOJ Uy�>W/ VOQzZ sz J�=yK�p p = 'J W R \N O ilpa tlrs 2 Sia N OJm04Q �OJO m1%i�0 mm <�z<to W 3.p W�< p_ Y41n 0i8i giiu ITnc ff EXISRRG CRASS AREA ZGRE I.M9 ACRE ORAIACE ESMT. `1 OF' THE XAS A96E2, METZCER DAIRIES. 1rRC. PTE VOL. C 396\\ Sa I ("L.U.O- MIXED IMF") i OR.T.C.T. g------ - - - - -- 1 _ to•s�tis�tic a_ ' � � '" PMpNG� (fw LANE) 1' %�x 4"CON--- -.� i 1 24 (ItaFls5 , -- .,- --- r F.M. 1709 CAORMZONINGW80.132 P2gc 7 O ♦OO KO of "rpu O n= 0, TWO 2w C! 'j$j NOS FO NN �jmK O 4 „A�O y x �Oepu]3Z � CW uFZ W7� Wes` WNN _$�u�ffi€ ��00=1�gJ� pv� ono: RxrM= Q§ 711h ttii K 2�j mK2 0ta w n ern ri i 3 nl n < a oW win o r 2 N +. II O Z� �lo oo =a NG PAC IFASS ARE1� , 15.00' W mw� z 9z III U (SOUTH LAKE BLVD.) mi , U G (130' R.O.W.) qD-l+ City of Southlake, Texas - MEMORANDUM June 22, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-57 Plat Revision/Parker's Corner Addition REQUESTED ACTION: Plat Revision of Lot 5, Parker's Comer Addition, being 3.570 acres of land situated in the Jessie G. Allen Survey, Abstract No. 18, and being revised to Lots 5R1, 5R2, 5R3 and 5R4, Parker's Comer Addition LOCATION: Southwest of the comer of F.M. 1709 and Davis Blvd. OWNER: Metzger Dairies, Inc. APPLICANT: Wier & Associates, Inc., Rea Stevenson, Agent CURRENT ZONING: "C-2" Local Retail Commercial REQUESTED ZONING: "S-P-l" Site Plan District LAND USE CATEGORY: 100 Year Flood Plain and/or Low Density Residential NO. NOTICES SENT: One (1) RESPONSES: One written response received: * Joseph R. Mantheiy, Lot 4, Parker's Comer, opposed, commented that this will impact Lot 4 to the South. P & Z ACTION: June 9, 1994; Approved (5-0), subject to the first Plat Review ` Summary dated June 3, 1994. COUNCIL ACTION: June 21, 1994; Approved (7-0) to table ZA 94-57 at applicant's request to the July 5, 1994 City Council Meeting. STAFF COMMENTS: The applicant has met all the review comments of the second Plat Review Summary dated June 17, 1994 with the exception of the items addressed in the attached third Plat Review Summary dated July 1, 1994. fl, KPG/bls C:\WPF\MEMO%%CASES\%-57.PR 1 I IN. Im, IN' IIN m) 0TR.20 J �P 13.75 AC / J. Martin / , , . 2F 71 @ ,texas . State of 0 1 1.0601 H. Forester "AG" r x s ns, "C-3" J� I 2 1 TR 2A4 TR 2A14A CR 1 1.01 IAC ;r: 1 Southlake JV I i • b O. Collins _ �C TR I :Sa 2A3 TR ITR 2A 3A 24 1A TR 2A1 3.63 AC b @i L@ I TR 2A5 TR 2ASA "RE„ O ` TR 2A .50 AC TR �N I2A TR 2A I A .,9 TR ��6 G Y I I t.�i��c I 1.4 AC 4 SSA 1 J. Mantheiy A 1 1 TR TR 1 1E 1 •':� n 1� .31 1 _ 1 I ADJACENT OWNERS AND ZONING GU�,, - 1 1 TR 1C �GJ I I 5.0 AC 7 _3 31 I 2 :I City of Southlake, Texas i 07/01/94 Case No: 7.A 94-57 Review No: Three Date of Review: Project Name: Plat Revision Lots 5111 5R2 5R3 & 5114 Parker's Corner OWNER/APPLICANT: Metzger Dairies, Inc. 5400 S. Lamar St. Dallas, Texas 75215-5100 PHONE: (214) 426-5446 FAX: ENGINEER/SURVEYOR: Wier & Associates, Inc. 4300 Beltway Place Suite 130 Arlington, Texas 76018 PHONE: (817) 467-7700 FAX: (817) 465-7482 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/28/94 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. * Staff has not required the 50' building setback line along the "old" F.M. 1938 due to the intended abandonment of the R.O.W. Should the abandonment not take place for some reason, a building line in accordance with the zoning would be required. * We recommend this plat not be filed until the construction plans have been substantially approved. -,This will ensure adequate easements and finish floor elevations. Minimum finish floor elevations may be required on the following lots pending review of construction plans: Lots 5R1-5R4. * All taxes due must be paid prior to filing this plat in the County 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: Metzger Dairies Wier & Associates O < p a i� �sEi i jig re 8f-fea a -4 EiE •P= �gl �� i �' 8 as 8 • Yc a Yt a o� •., s P. � c #.xs 4er� a fe C Er N m dIst ►'-E t;3a s r ;' i s R# �i W i ERB! R a. Y3s b • e' :e EE. i-c # - # a� 3 e�' 8,.� # 'eQ . e Ys pi a ale a iv # e a z 6 !e i«88 fr�f s.8 # � Ei ,a- d =E a� $o. 14 a °oa 1p pill a �Ec R t a 1115 asgj E e # E8e 8fig Nbs NIP all I b n�� -a a a- e � :tea �eY nee ie # lei s__ : r. a F*E 8 = x 3 if i s inn � : S : : iE A:. « #figg a �# aE# 4 =bg.1 o -a e AIR g �� - e Ek�'� E� I113 E � • if i high g 3 "• .111 f 7itE E; d$ i aro anwi KO. '41 AYMM H - ¢; r .` �� - \-- der �• � i� v°�- _-_' ulCD Ld W II mar / --- City of Southlake, Texas — MEMORANDUM June 28, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-N, Second Reading, Nonconforming Uses and Amortization Procedures Attached please find Ordinance No. 480-N, revisions to the zoning ordinance recommended by the City Attorney's office to address nonconforming uses and structures and the amortization of these nonconforming uses. Note that the City Attomev has added new Sections 6.9. 6 10 and 6 11 which address: discontinuance or abandonment of nonconforming uses destruction of nonconforming uses and amortization of nonconforming uses respectively. Included in this ordinance are new paragraphs under Section 44.3. "Powers and Duties" of the Board of Adjustment authorizing them to amortize nonconforming uses when deemed appropriate As you recall in our discussions of the Land Use Plan, several nonconforming uses were noted throughout the City. In due time, the Board may choose to amortize such nonconforming uses in order to promote the public welfare and to conserve, preserve and protect surrounding properties and their values (after giving consideration for the property rights of the person or persons affected). On June 9, 1994, the Planning and Zoning Commission recommended approval of these recommended changes with a (5-0) vote. On June 21, 1994, the City Council approved (7-0) the First Reading of Ordinance No. 480-N. After the meeting, Mr. Hawk gave me some minor changes recommended by Councilmember Richarme. The three noted changes were 1) to capitalize Board of Adjustment in Section 6.10 (b), 2) to perhaps allow multi -family structures to rebuild regardless of the extent of destruction, (Section 6.10 (d) and 3) to define the method of amortization (i.e. straight line, accelerated, etc.) as referenced in Section 44.3 (d). In discussions with City Attorney Wayne Olson regarding the above -mentioned changes, he said that Councilmember Richarme raised some good issues and that they should be discussed by the Council prior to incorporating them into the ordinance. Note that Mr. Olson deleted two (2) phrases: Section 6.4 (d) and Section 6.6 and revised the signature page in this revised copy of Ordinance No 480-N. Should you have questions regarding these recommended changes, please call me at extension 743. 9 H IN IM ORDINANCE NO. 480-N RDINANCE AMENDING ORDINANCE NO. 4809 AS AMENDED, COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS BY REVISING REGULATIONS AFFECTING NONCONFORMING USES AND STRUCTURES; PROVIDING FOR THE AMORTIZATION OF NONCONFORAEING USES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. / WHEREAS, the Texas is a home rule city aztffig under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Southlake has heretofore adopted Ordinance No. 480, as amended, as the zoning ordinance for the City; and WHEREAS, the City Council of the City of Southlake now deems it necessary to amend Ordinance No. 480, as amended, to provide specific regulations governing nonconforming uses and structures and the amortization of nonconforming uses under specified guidelines; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the Zoning Ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHI.AIE, TEXAS: f.\files\muni\slakc\ordinanc\480-N002 I (06-28-94) '1F-� SECTION 1. That Sections 6.4, 6.5 and 6.6 of Ordinance No. 480, as amended, are hereby amended to read as follows: "6.4 NONCONFORMING USES OF LAND - Where, at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: a. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance; b. A nonconforming use, if changed to a conforming use, may not thereafter be changed back to a nonconforming use. A nonconforming use, if changed to a more restrictive nonconforming use, may not thereafter be changed except to an equal or a more restricted use; C. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance; d. No additional structures not coidoin-Ang to the ts-of this shall be erected in connection with such nonconforming use of land. 6.5 NONCONFORMING STRUCTURES - Where a lawful structure exists at the effective date of this ordinance or amendment thereof that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: a. Such structure may not be enlarged in a way which increases its nonconformity; b. Such structure may not be altered in a way which increases its nonconformity; f.\filcs\muni\slake\ordinanc\480.N002.r1(06-2&94) 2 I ' 3 y C. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved. 6.6 NONCONFORMING USES OF STRUCTURES - If a lawful use of a structure, , exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance,. the lawful use may be continued so long as it remains otherwise lawfuQ subject to the following provisions: a. No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located; b. A nonconforming use, if changed to a conforming use, may not thereafter be changed back to a nonconforming use. A nonconforming use, if changed to a more restrictive nonconforming use, may not be thereafter changed except to an equal or a more restricted use; C. Any nonconforming use may be extended throughout any parts of a structure which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such structure." ' SECTION 2. That Section 6.8 of Ordinance No. 480, as amended, is hereby amended to read as follows: "6.8 SPECIAL EXCEPTION USES/SPECIFIC USE PERMITS: NOT NONCONFORMING USES - Any use for which a special exception or specific use permit is granted pursuant to this ordinance shall not be deemed a nonconforming use, but shall, without further action be deemed a conforming use in such district only for the single property granted such :special exception or specific use permit. Any special exception or specific use permit heretofore granted by the Board of Adjustment or City Council which was lawfully existing at the effective date, of this ordinance but which is no longer permitted under fvacs\muni\slakc\oranaoc\480-x002.d (06-2s-94) 3 this ordinance or amendment thereof shall be considered a nonconforming use and shall be subject to all terms of this ordinance relating to nonconforming uses, unless the zoning classification under this ordinance for the property to which the special use attaches allows that particular use. Any special exception or specific use permit which has expired or which is not in compliance with the conditions placed upon such use shall not be permitted to continue." SECTION 3. That Section 6, "NONCONFORMING USES," of Ordinance No. 480, as amended, is hereby amended by adding thereto new Sections 6.9, 6.10 and 6.11 to read as follows: "6.9 DISCONTINUANCE OR ABANDONMENT a. A nonconforming use, when discontinued or abandoned, shall not be resumed and any further use shall be in conformity with the provisions of this ordinance. Discontinuance or abandonment shall be defined as follows: (1) When land used for a nonconforming use shall cease to be used in a bona fide manner for the nonconforming use for six (6) consecutive months or for a total of eighteen (18) months during any three (3) year period. (2) When a structure designed or arranged for a nonconforming use shall cease to be used in a bona fide manner as a nonconforming use for a period of six (6) consecutive calendar months or for a total of eighteen (18) months during any three (3) year period. (3) When a structure designed or arranged for a conforming use shall cease to be used in a bona fide manner as a nonconforming use for a period of three (3) consecutive calendar months. (4) When land or a structure used only on a seasonal basis is not used in a bona fide manner as a nonconforming use during such season. b. Discontinuance or abandonment shall be conclusively deemed to have occurred irrespective of the intent of the property owner if the nonconforming use was dilapidated, substandard, f:\files\muni\slake\ordinanc\480-NO02xI (06-28-94) 4 r]F'5 or was not maintained in a 'suitable condition for occupancy during the above time periods. C. Upon evidence of hardship, the Board of Adjustment shall have the power to extend the time limits in paragraph a not to exceed one (1) year. 6.10 DESTRUCTION OF NONCONFORMING USE a. If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire, the elements or otherwise, it may not be reconstructed or rebuilt except to conform with the provisions of this ordinance unless the destruction amounts to less than fifty percent (50%) of its fair market value at the time of destruction. b. If the destruction is greater than fifty ercent (50%) and less than total, the ci€th may, •:•:v'i4X•}F•}}.•:•�in•.ti•}:•}:•i}:?h}:+ k+:i•}}}}}:• O} •iv.L after a public hearing, authorize repair, taking into consideration the property owner's circumstances and the effect on surrounding properties. C. Where an individual structure or structures are destroyed by more than fifty percent (50%), upon submission by the owner of sufficient evidence to prove that the destruction amounts to less than fifty percent (50%) of the total value of the entire nonconforming use and that the destroyed structure or structures constituted an integral part of the nonconforming use, without which the nonconforming use cannot be profitably operated, the Board of Adjustment may permit the reconstruction of such destroyed structure or structures under conditions which reasonably allow the owner to recoup his original investment. d. Notwithstanding anything herein to the contrary, a single family residence which is destroyed shall be permitted to be reconstructed without Board of Adjustment approval regardless of the extent of destruction provided that the construction complies with all current building codes and is commenced within six (6) months of the date of destruction. The failure of the owner to start such reconstruction within six (6) months shall forfeit the owner's right to restore or reconstruct the dwelling except in conformance with this ordinance. e. If the owner of a nonconforming use fails to begin reconstruction of the destroyed structure (when permitted to do so by the terms of this ordinance) within six (6) months of f \files\muni\slake\ordinanc\480-N002.d (OCr28-94) 5 the date of destruction or approval'by the Board of Adjustment, the nonconforming structure or use shall be deemed to be discontinued or abandoned as provided in Section 6.9 above. 6.11 AMORTIZATION OF NONCONFORMING USES The Board of Adjustment may from time to time on its own motion or upon cause presented by interested persons inquire into the existence, continuation or maintenance of any nonconforming use within the City. The Board of Adjustment may take specific action to abate, remove, limit or terminate any nonconforming use or structure under reasonable guidelines as set forth in Section 44.3 of this Ordinance. The concurring vote of four (4) members of the Board shall be necessary to take any such action." SECTION 4. That Section 44.3 of Ordinance No. 480, as amended, is hereby amended by adding new Paragraphs d, a and f thereto to read as follows: "d. Discontinuance or Amortization of Nonconformine Use - The Boardmay require the discontinuance of a nonconforming use or structure under a reasonable plan whereby the owner's investment in the nonconforming use or structure can be recouped through amortization over a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance. e. Reconstruction of Nonconforming Use - The Board may permit the repair or reconstruction and occupancy of a nonconforming structure or a structure containing a nonconforming use where the structure has been destroyed in excess of fifty percent (50%) but less than the total value as provided in Section 6.10, provided such reconstruction does not, in the judgment of the Board; prevent the return of such property to a conforming use or increase the nonconformity of a nonconforming structure beyond what is permitted by Section 6 of this ordinance. Such action, by the Board of Adjustment shall have due regard for the property rights of the person or persons affected when considered in light of the public welfare, the character of the area surrounding such structure and the conservation, preservation and protection of surrounding properties and their values. f:\files\muni\slake\or&nanc\480-N002.r1 (W2 -94) 6 WI IM f. Resumption of Abandoned Nonconforming Use - Within the limits prescribed in Section 6.9, the Board may review nonconforming uses which have been abandoned or discontinued to determine whether such uses should be allowed to resume operation. Such action by the Board shall consider any unnecessary hardship on the property owner if the use is discontinued and shall have due regard for the public welfare, the character of the area surrounding such use, and the conservation, preservation and protection of surrounding properties and their values." SECTION 5. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. f:\facs\m,��e\«ainanc\asaxooui (0&23-94) 7 OR SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 10. 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 f:\files\muni\slakebrdinanc\480-N002xI (0&28-94) 8 �F- 9 and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 11. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1994. MAYOR ATTEST: CITY SECRETARY F\files\muni\slakc\ordinanc\480-N002.r1 (06-28-94) 9 WJw, I APPROVED AS TO FORM AND LEGALITY: City Attorney f:\files\muni\slake\ordinanc\4WN002.r1 (OCr2&94) 10 City of Southlake, Texas MEMORANDUM CITYMA IAGER June 29, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance No. 612, 2nd Reading, an Ordinance Vacating and Abandoning a Portion of North Kimball Avenue, Adjacent to Lot 1, Block 1, Kimball/1709 Addition, City of Southlake. North Kimball Ave. from Southlake Blvd. (F.M. 1709) to S.H. 114 was platted in the Kimball/ 1709 Addition. The final design of N. Kimball required the right-of-way to be widened and realigned. The street design and new alignment as approved by City Courieil, has made certain portions of the platted Kimball Avenue to be not used by, nor useful or convenient to the public, and the public would be better served and benefitted by their vacation and abandonment. The proposed right-of-way to be abandoned is 15,507.04 sq.ft. on the east side of the platted N. Kimball Ave. The attached Exhibit "A" and Exhibit "B" describe the property. The attached Ordinance will accomplish the vacating and abandoning of the excess Kimball Ave. right-of-way. The first reading for Ordinance 612 was presented during the June 21st Council meeting. Please place this on the July 5th agenda, for Council consideration. MAU Attachments wpfi1es\memos\12inch2.fm 79 A ORDINAWE NO. AN ORMNANCE VA TI BANDONING PORTIONS OF KIMBALL AVENIJr ITHIN THE CITY OF SOUTHLAKE, TEXAS, DECLARING T'I II SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PIJBIA PROVIDING A SEVERABILITY CLAUSE; AND PROVIDNNC' AN EFFECTIVE DATE. WILE AS, the City of Southlake, Texas is a home rule city acting under its charter Eby the electorate pu to Article XI, Section 5 of the Tex 'tution and Chapter 9 of the Local Government Code; and WIIERF_AS, the City Council of the City of Southlake, after careful study and consideration, has determined that certain portions of Kimball Avenue within-1he City of Southlake, sire not being used by, nor useful or convenient to the public in general; therefore, they constitute a public charge without a corresponding public benefit, and the public would he hotter served and benefitted by their vacation and abandonment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOtJTTTT,^ K1 . 'T'F,\'AS: SECTION 1. The rc,rtions of Kimball Avenue more specifically described in Exhibit "A" and Exhibit "B" �Itiached hereto and incorporated herein for all purposes, are not being used by, nor uscf►II or convenient to the public in general. They constitute a public charge without a corresponding benefit, and the public would be better served and benefitted by their vacation and abandonment. Accordingly, the above described portions of the Kimball Avenue right-of-wny are hereby vacated and abandoned as public property and such areas f:\files\muni�sl:�kc`.� r�1in;"�c�kimhall.vac (06-16-94) so vacated and ihandoncd shall revert in fee simple to the owners of the abutting properties. SECTION 2. 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, elapse, 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. QW, SECTION 3. This Ordinance shall be in full force and effect from and after its passage provided by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1994. MAYOR ATTEST: CITY SECRETARY f.\files\muni\slakc\<xdin:uic`.kimhall.vac (06-16-94) 2 %-3 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF(tow, y 1994. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECT I V E Qe f:\filcs\muni\slakc`.cir(lin:uic\kimb:ill.vac (06-16-94) 3 EXHIBIT 'A' IN CURL£ DATA A + /JAS$e- R _ lNO00' T. 144.ee' L - Ie4A1' ® A _ IIVIW R . lOdgY I _ =54' L - 3W.23• © A: Only R - 5069r r - nse• L - 34M' A: 1325W R _ "2.00' I - I147J' L _ 232.40' ©A: I27e75- R-f" r T - e7.5i' L _ 1DI.Jr 001218LL.DWG 0 .m CHEATHAM AND ASSOCIATES 1801 E. LAMAR BLVD. SUITE 200 ARUNGTON. TEXAS 78011 METRO (817) 265-8836 (817) 540-0696 7a S- ROPERTY O XER O 15.507.04 SO. FT. 0.3560 ACRES O Il P. / © � N W E LqKl 1-=100, O fit e I certify that this is a true and accurate representation of this survey as made on the ground. E L. CHEATH o_ 2346 " SURV- DATE EXHIBIT ' B' KIMBALL AVENUE RIGHT-OF-WAY Field Notes Being a 0.3560 acre tract of land, more or less, situated in the County of Tarrant, State of Texas, and being out of the Samuel Freeman Survey, Abstract 525, and being within the Kimball/1709 Addition, an addition to the City of Southlake, filed in Cabinet A, Slide 146 on June 6, 1989, which 0.3560 acres of land, more or less, is more particularly described by metes and bounds as follows: COMMENCING at an iron pin, said point being in the west line of the Samuel Freeman survey and being the Southwest corner of the above referenced lot. THENCE continuing in a northeasterly direction, along a curve to the left 194.33 feet, said curve having a radius of 904.93 feet and a central angle of 120 18' 15", to a point, said point being the POINT OF BEGINNING; THENCE N 130 09' 26" W, a distance of 461.49 feet to a point, said point also being the beginning of a curve to the right having a radius of 1260.00 feet and a central angle of 13° 05' 56"; THENCE Along said curve to the right, a distance of 288.06 feet to a point for a corner, said point also being the beginning of a curve to the left having a radius of 908.00 feet and a central angle of 19° 04' 20"; THENCE continuing along said curve to the left, in a southeasterly direction, a distance of 302.25 feet to a point; THENCE S 190 07' 50" E, a distance of 203.76 feet to a point, said point also being the beginning of a curve to the right having a radius of 992.00 feet and a central angle of 130 25' 22" ; THENCE Along said curve to the right, a distance of 232.40 feet to a point for a corner, said point also being the beginning of a curve to the right having a radius of 904.93 feet and a central angle of 02' 1l' 18"; THENCE Along said curve to the right, a distance of 34.56 feet to a point for a corner, said point being the POINT OF BEGINNING containing 0.3560 acres of land, more or less. X City of Southlake, Texas MEMORANDUM CiTY�V1Apt M%jr June 30, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance No. 613, 2nd Reading, an Ordinance Releasing the City of Southlakes's Ownership Interest in a Certain Portion of Right -of -Way on Kimball Avenue, Between S.H. 114 and F.M. 1709. This ordinance authorizes and empowers the Mayor to execute a Special Warranty Deed on a certain portion of the right-of-way of North Kimball Avenue which has been vacated and abandoned. This vacated right-of-way is described in the attached Exhibit "A" and Exhibit "B" . The vacated right-of-way is being released to the owners of Kimball/1709 Addition as an exchange for the same amount of additional right-of-way from Lot 1, Block 2, Kimball/1709 Addition, City of Southlake. This exchange of 15,507.25 sq.ft. of Lot 1, Block 2 will provide for the realignment of North Kimball Avenue between Southlake Blvd. (F.M. 1709) and S.H. 114. Attached is a copy of the Special Warranty Deed and the Agreement between the City of Southlake and the landowners. This Ordinance had the first reading during the June 21st Council meeting. Please place this on the July 5th agenda for Council consideration. BW Attachments: Ordinance 613 Special Warranty Deed Agreement wpfi1es\memos\kimba112.vac '7N-/ ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE, TEXAS, TO EXECUTE A DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF CERTAIN PORTIONS OF THE RIGHT-OF-WAY OF IOMBALL AVENUE VACATED AND ABANDONED BY ACTION OF THE CITY COUNCIL IN ORDINANC NO. ; PROVIDING A SEVERABILITY CLAUSE, AND PROVED G FOR AN EFFECTIVE DATE. of Southlake, Texas is a home rule city acgurunder its charter adopted by the electorate pursuant of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake, Texas, after due and careful consideration, has adopted Ordinance No. , in which it vacated and abandoned certain portions of the right-of-way of Kimball Avenue, more particularly described in said ordinances; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right-of-way, the City desires to execute a deed releasing all title, ownership and control in said right-of-way to the owners of the abutting property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a deed releasing all claims to title, ownership, or control of the property identified in Ordinance No. , on behalf of the City of Southlake, Texas. f:\files\muni\slake\ordinanc\kimba112aut (06-21-94) 71-1-Z SECTION 2. A copy of said deed shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. This Ordinance shall be in full force and effect from and after its passage provided by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1994. MAYOR ATTEST: CITY SECRETARY f.\files\muni\slakebrdiwmc\kimball2aut (06-21-94) 2 %N•3 C. PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1994. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: 6 --a- ( - '7 `% EFFECTIVE: f:\files\muni\slakc\ordinanc\kimba112aut (06-21-94) 3 7,11-,l, =1 Pnovarcd by the State Bar of Texas for use ov tawvers only. Revtsea "5. O� W$—VaI— WARRANTY DEED Uatc: Grantor: CITY OF SOUTHLAKE grantor s Mailing Address uncludmg cuuntvi: 667 North Carroii Avenue Southlake, Tarrant County, Tx 76092 JOHN D. GOURLEY, VINCENT J. and PEGGY STAGLIANO Grantee: and KENNETH W. SHAW Grantee's Matting Address uncludine countv): t: unstucrat)on: TEN DOLLARS ($10.00) cash and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property Irncludtne any improvements): An approximately 0.356 acre tract of land out of the right-of-way of N. Kimball Avenue, as more particularly shown in Exhibit "A" and described in Exhibit "B" attached hereto. QW, Reservations from and Exceptions to Conveyance and Warranty: Grantor's right, title and interest in and to the above described property is limited to the use of such property for: right-of-way purposes, which right-of-way has been vacated and abandoned by Grantor for the benefit of the abutting property owners. Grantor. for the consideration and subject to the reservations from and exceptions to conveyance and warranty. grants. sells. .,nu conveys to Grantee the property. together with all and singular the rights ana appurtenances thereto to any wise belonging. to have and hold it to Grantee. Grantee's heirs. executors. administrators. successors. or assigns forever. Grantor binds Grantor .rnu Grantor's heirs. executors. administrators. and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs. executors. administrators. successors. and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. except as to the reservations from and exceptions to conveyance and warranty, when the claim is by, through or under Grantor, but not otherwise. When the context requires. singular nouns and pronouns include the plural L GRANTOR: STATE OF TEXAS COUNTY OF TARRANT THIS instrument was acknowledged before me on the _ day of . 1,994 by GARY FICKES, Mayor of the City of Southlake, on behalf of said City. Notary Public in and for the State of Texas My Commission Expires: Notary's Printed Name: AFTER RECORDING RETURN TO: Mr. Wayne K. Olson FIELDING, BARRETT & TAYLOR, LLP. 3400 BankOne Tower 500 Throckmorton Fort Worth, Texas 76102-3821 AGREEMENT This Agreement is entered by and between the City of Southlake (the "City") and John E. Gourley, Vincent J. and Peggy S. Stagliano, and Kenneth W. Shaw (the "Landowners"). Re: Right -of -Way ("R.O.W.") for North Kimball Ave. The City and the landowners understand and agree as follows: 1. The City will convey by special warranty deed 15,507.04 square feet (0.356 acres) of excess ROW adjacent to Lot 1, Block 1 Kimball/FM 1709 Addition, City of Southlake in the platted North Kimball Avenue (as more particularly described on Exhibit "A" attached hereto) in exchange for 15,507.04 square feet (.03560 acre) of Lot 1, Block 2. In addition, the City will purchase 19,103.25 square feet of Lot 1, Block 2 for a sum of $98,016.00. Therefore, the entire property acquired by the City from Lot 1, Block 2, Kimball/FM 1709 Addition is 15,507.04 square feet (by exchange) and 19,103.25 square feet (by purchase), for a total of 34,610.25 square feet (.7945 acre), as more particularly described on Exhibits "B" and "C" attached hereto. In regard to the surplus square footage of Lot 1, Block 2 not being acquired by the City, the Landowners may, at their option, convey such surplus to the City at no cost to the City, but free and clear of any outstanding costs, taxes, assessments, liens, or other charges. 2. The City will, as part of the Kimball Avenue construction, provide at no cost or assessment to the Landowners or to Lot 1, Block 1 or Lot 1, Block 2 Kimball/FM 1709 Addition, (1) a 6 inch sewer line (stubbed with manhole) to Lot 1, Block 1, and (2) a twelve inch water main within and on the east side of proposed 140 foot Kimball Avenue ROW, and; 3. The City will not assess costs to the Landowners or to Lot 1, Block 1 or Lot 1, Block 2, Kimball/FM 1709 Addition for the present or future costs of or related to Kimball Avenue. The City agrees that neither the Landowners nor Lot 1, Block 1 and Lot 1, Block 2 will be responsible for contribution toward such present or future costs. 4.-, For the above consideration, the Landowners will convey the required Kimball Avenue ROW to the City by special warranty deed. This Agreement shall inure to the benefit of the City and Landowners, and their respective successors and assigns. CITY OF SOUTHLAKE Gary Fickes, Mayor eq LANDOWNERS: JOHN D. GOURLEY STATE OF TEXAS COUNTY OF TARRANT THIS instrument was acknowledged before me this day of 1994 by JOHN D. GOURLEY. My Commission Expires: STATE OF TEXAS COUNTY OF TARRANT Notary Public in and for the State of Texas Notary's Printed Name: VINCENT J. STAGLIANO THIS instrument was acknowledged before me this _ day of , 1994 by VINCENT J. STAGLIANO. Notary Public in and for the State of Texas My Commission Expires: Notary's Printed Name: /f/- 8 PEGGY S. STAGLIANO STATE OF TEXAS COUNTY OF TARRANT THIS instrument was acknowledged before me this day of 1994 by PEGGY S. STAGLIANO. My Commission Expires: Notary Public in and for the State of Texas Notary's Printed Name: KENNETH W. SHAW STATE OF TEXAS COUNTY OF TARRANT THIS instrument was acknowledged before me this day of 1994 by KENNETH W. SHAW. Notary Public in and for the State of Texas My Commission Expires: Notary's Printed Name: EXHIBIT 'A' I I PROPERTY DES 15.507.04 SQ. FT. CURD£ a,tU I I 0.3560 ACRES O . 1I R R . , 1126aOO' 16' T - 1.66' 2en L - o6' / 'I 1 0 ® A: 19D470- I It - 90e.00' T - 15254• 1 L - M223' © A - 02717e' 11 R - 904.93• T - 171e' C - 3436• .may O 7� R - 99200' i - I7G7J' I 9 , L - 232.40' ® G - I27e73' R - 904.' r- 9Z59J I G LOT 1 \ BLOCK 1 I \ / QD / 001218U.DWG LOT 1 1 / BLOCK 2 I 1 P.O.B� / P. 0. C.` 0 N d � TyL 1"=100 tit. I certify that this is a CHEATHAM AND ASSOCIATES true and accurate representation of this 1601 E. LAMAR BLVD. SUITE 200 survey as made on the ARLINGTON, TEXAS 76011 ground. METRO (817) 265-8836 (817) 548-0696 EDDIE L. CHEATHAM y.•..... •....•.. ......... '.q 2346 S. :'•''P�F � O�.r. Q' 9ti0 SUR`1- DATE : '2'� —Z\-- C 4 EXHIBIT ' B' KIMBALL AVENUE RIGHT-OF-WAY Field Notes Being a 0.3560 acre tract of land, more or less, situated in the County of Tarrant, State of Texas, and being out of the Samuel Freeman Survey, Abstract 525, and being within the KimbaI111709 Addition, an addition to the City of Southlake, filed in Cabinet A, Slide 146 on June 6, 1989, which 0.3560 acres of land, more or less, is more particularly described by metes and bounds as follows: COMMENCING at an iron pin, said point being in the west line of the Samuel Freeman survey and being the Southwest corner of the above referenced lot. THENCE continuing in a northeasterly direction, along a curve to the left 194.33 feet, said curve having a radius of 904.93 feet and a central angle of 12' 18' 15", to a point, said point being the POINT OF BEGINNING; THE N 13' 09' 26" W, a distance of 461.49 feet to a point, said point also being the beginning of a curve to the right having a radius of 1260.00 feet and a central angle of 13' 05' 56"; THENCE Along said curve to the right, a distance of 288.06 feet to a.point for a corner, said point also being the beginning of a curve to the left having a radius of 908.00 feet and a central angle of 19° 04' 20"; THENCE continuing along said curve to the left, in a southeasterly direction, a distance of 302.25 feet to a point; THENCE S 190 07' 50" E, a distance of 203.76 feet to a point, said point also being the beginning of a curve to the right having a radius of 992.00 feet and a central angle of 13' 25' 22"; THENCE Along said curve to the right, a distance of 232.40 feet to a point for a corner, said point also being the beginning of a curve to the right having a radius of 904.93 feet and a central angle of 02' 11' 18"; THENCE Along said curve to the right, a distance of 34.56 feet to a point for a corner, said point being the POINT OF BEGINNING containing 0.3560 acres of land, more or less. o 1 City of Southlake, Texas - MEMORANDUM June 27, 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-l" 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) 01 KPG/bls C A WPRMEMO\94CASES\94-61-Z SN -' TR SB 205 @ E38 ;0� P — "CS" a g 3A 2A (g60 Church of 1A Christ Our King 1B !6 AC J. Ezell TR 1B1 3 AC "AG" 266 AC m TR 3F W TR3F1 TR 3B2 D 144 @ 1.477 AC Cn TRACT lE 3.747 AC TR 6A1 TR 1E2 r 151 @ .173 @ I TRACT 1E1 .2366@ `'TR 68107@+ �\ 1 .984 AC IN2 TR 6 Ice TR 2C "C_3" '.66 AC J. Dinsmoo(r[ TA 26 \ TR 849 AC 0ANR 45z G. Fickes �� TR 2A3A 1 1 1 .031 @ T "C-3"�.55 @ �s J. Miller TR 2 1.59 AC "SF -IA", "SF-1A"; H. Carr TR 2A 2.94 AC TR 1 "AG" TR 2A 5.73 AC ADJACENT OWNERS AND ZONING ' TR 2A3 5.428 AC o AKs TRACT i TR 1E1A 086 @ Sp $ . TR 2A3A 1.189 AC MN 5 NORTH ° L / �P. 0. B. SCALE: ��= 40� JOHN A. FRESWASURVEY N 000 0d 00 ° E /N M— NSU,RVEY r��-� 7 KIMBA4L AVENUE(2LANE lq_ FIRE �^�_ WAYER OGAS M£�E'R /7.5 UT/L/TY EASEMENT VOL./0805,PG. WOOD PLANK FENCE Z I o CITY OF SOUTHLAKE o TARRANT COUNTY, TEXAS o ABSTRACT NO. 1098 TRACT 2E 1.997 Acres STREET ADDRESS: 155 SOUTH KIMBALL AVENUE 8 I ' II 2 STORY RESIDENCE O b 246.86' ABSTRACT ENTRY TRANS/T/ON No. 529_ N cur � a Ntvo PLANK FENCE t� COLUMN t7 POW O PO, o 0 A C PAD Ct PORCH _ DEWALK CAR DECK 1 PORT x WROGHT /RON FENCE 0 5 PAD 90 FENCE W CHAIN L/NK{ I L/GHT N FENCE v `POLE Pl µ R i w x POLE, N C t R GATE HOG W/RE FENCE Y _ WOOD gSTABLE METAL AWN/NG g HOG WIRE gFENCE O MA/N SURVEY _ _ lM G W/RE FENCE ON R TEASTER SURVEY S 000 11 08 ° E 246.86' 0 0 ti 4 ABSTRACT " No. /098 _ ABSTRACT No.474 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 BEIN 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 r ..,w ,,,,M 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 GAORMONNGNM t37 Page 1 changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: GAORMZONING1480.137 Page 2 �A ` to -.- -0 am, N-- - N-- N-- - =-- - - W-- - - 0-- - - N- --- ' "hand more fully and completel described in Exhibit "A" attached hereto and incorporatedMherein from toON 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 ,. GAORDWNIN13\480.137 Page 3 Q n U1�' 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 MAYOR ATTEST: day of , 1994. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. G:%0RDWNWG%480.137 Page 4 Y n 0 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: GAORDMNINM480.137 Page 5 RA- q EXHmu "A" 13EI14G A TRACT OF LAND 1'4 TflE G. 1:4. HAI4 SURVEY, An's RACT HO. 1998, StTUATEO IN TARRANT COUNTY, TEXAS, A-40 02ttIG TIIE TRACT OESCRIREO IN A DEED OF RECORD IN VOLUME 7371, PACE 2219, OI:FO RFCOnnS, TAnn11fIT COUNTY, TEXAS, AND SCING A PORTION OF A 3.60 Acne TRACT ttl SAID SIInVrY COflVEYEO BY GUY A. STEVEh3 AND RICHARD T. DAVtS TO t,ARRY C. MOOD AY TRUSTEE'S OECD of RECORD tN •VOLUME 591 S. PAGE'- 391 , DEED RECoROs, TAnRANT COUtITY, TEXAS, AND BEING MORE PARTICULARLY OESCRIOCO RY METES AND BoUlIDS AS fO1,t.oWSt BEGINtllliG AT A POINT tN TIIE CENTERLItIE OF COUNTY ROAD 110. 1199, f10RF. C04MONLY RHOWN AS AND IN THE .LEST tat4E OF SAtn NAtt: SUR 'dY, SAID POINT ALSO nEItlG TIIE HORT1114CST' CORNER OF smo 3.68 ACRE TRACT ,;10 BEING, RY DEED CALL, SOUTH 210.0 FEET FROM TIIE NORTHWEST CORNER OF SAID NAtH SURVEY? TNFNCF. EAST ALONG THE NORTH LINE OF SAID 3.68 ACRE TRACT AT 2C.0 FEET PASStt?G AN IRON PIN I9 TIIE EAST LINE Or SAID COUNTY ROAD ACID COVTtNUIHG IN ALL 351.$0 FEET TO AN IRON PIN FOR CORNER AT THE NORTIIF.AST CORNER OR SAID 3.60 ACRE TRACT? TIIENCF S. 0 OGG. 11 01H. EAST AVX4C A FENCE AND AL011C TIIE. FAST I,tNE or SAIO 3.63 ACRE TRACT 246.86 FEE'C TO AN IRON PIN FOR CORNERI THENCE WEST AT 332.6 FEET PASSING AN IRON PIN IN TIIE EAST LINE OF TltE AOOVf: REFERENCED COUNTY ROAD AND CONTINUING IN ALL 352.6 FEET TO A POINT FOR CORNER IN TIIE. CENTER OF SAID COUNTY ROAD, SAIn POINT OFIN, 1.4 T11P. "WEST LINE OF SAID MAIN SURVEY AND THE WEST LINE Or SAID 3.68 ACI(r TRACT? TIIENCF tiORTN ALONG Tllr CENTER OF SAID COUNTY ROAD AND TIIE: %test LINE OF SAID ftAIN SURVEY, SANE BEING THE WEST LINE OF SAID 3.68 ACRE TIIACT 246.06 FEET TO THE POINT OF UeC[NNINGt SAVE L CXCEPT ANY PORTION OF TfIF. ,SUBJECT PROPERTY LYING -.N A ROADWAY? PUBLIC OR PRIVATE. GAORMONWQ480.137 Page 6 �k - 10 City of Southlake, Texas - MEMORANDUM June 27, 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) STAFF COMMENTS: Note that the property does meet the 300' minimum lot width as A1,19-- required by the "RE" district. KPG/bls C AVVTF\MEMO\94CASES\94-62-Z I I 1 ca. ME'LCba=n JI/RfY A -.Jae i,/ I 31 ROBINSON Jt41K1' -JI!/e 12 EIS D. It 1 nl U1131 KI Is 1 " 1 " 1, u I W. HILLS 76RHY �7)• mug%" PI'IiLLIPS A -III A 1111111111111111111 =5 -- -- REIS 0. PRICE TRACT . A a DENTON IIIIIIIIl11111U, _ .ate-�.•<:: , IWODAVID Ir 1 , DOUTIIA ui N i■:rmw fe C�ff Pr•�. U) 2 I AC C-) 18 1.096 AC "SF-lA", Indian Creek Properties R. Smith I I AC 9 "SF-lAff L 1.028 AC �a-0 B =,J 'R 8 TR 7 AC 2.5 AC- M. Hye Cc F- TA 78 AG 10 TR 6A 1.2 AC 3.8 AC J. & P. Landesburg TR 7 I "SF-lAll "SF-lAll TR I A(W 2.5 2.21 c[ AC 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 .86 1 AC JONES RD 'IAG't 123 124 :25 ;26 �8 129 130 31 1132 33 J. Littlejohn & C. Farina 34 135 36 37 38 39 40 41 42 43 44 45 46 47 51 52 OOSE NECK DR R.C.Dawson —2 --- 43 T 11% vi 20 1 26 2 25 2 32 3 3 41 3 14 Cr- 3 18 3 . 24 3 30 13 z < 4 ---- 17 cr. 4 23 ---- 4 29 39 ��l 21 5 't 16 M F- rn 5 22 5 28 38 % ADJACENT OWNERS -1 6 27 7 I LA37 136 8 AND ZONING F4 < cr - 7 26 cl cr- Ul 9 LU ip 8 0- Q 25 z Ld . 4�a0 d�awEs �eaAD P • ..EAST 03, CINNIN EAST— _ x PK na,7 Ind• nail found for the northeast corner of 58.078 acre tract t (Volume 312, Page 422) i I i' I IScale 1 "-100' I Z{ X t MD N01r DESCRIPTION Xlj J^i1 to Behq a great or proof of land elluetd In the M. Maneffty Swwn Abstract MO. Olt; N Denton County. toter, and be, a O O a eollad U070 sere tract of lend derrtbed ea the,del unttti f O u frame/metal w 00 a Deed It Earnest pdx dated January Jt; 1945. recorded h Vehdns Q buftding p J12, Page 422, of the Dead Roerde of Denton Count)i rtaea,(ORDCrj '�► N a 0 Marc P011Warfy ditrbod bj melee end bounds as foll' m I t� Carrunanebtp of a nob found bl Bob .bnse Road gold print being Nt Nrthedtl Comer a/ 44M 61076 two tract. saW point also `�' r nl eeiatbd IA aµ� re gran Rea Coady et we Tualwcl' of lend In Volwne 659, Page 404. UROCT. thence Woof, along sold Bob .kna Roog a dhtmCo of 479.66 fact to o.point for Comer, and of point of Boghnb.q of the beef hraN dsterbot, from a" ppeW�nI a PAt. Nag /eund boon N 00 dog. C j 1 Q 27 min SJ see. Wool, a dlatanct of 2.82 lest, 114W paint rise (b I x bohg the Nrthwal earner of a tract of iend describedIna dead a I 9 to Bumey N. Adak and wife Mrta K Adair, recorded In Volume N T . 7.00 Acres X5 1258. Page #4 bach (304, 922 sq. ft.) �y Marco South DO rip. 14 min. if doe. fool, along the Was, line of Ln le $ @OW Adair boat, passing a 1/2 inch tan rod found of a distance (N a of J117 ICIL oantbuing an h ON lwlance of 1001.44 (riot to p ■ 5/0 heh Iron red found par cony, sold peknt being the b d Sw,hwtil corner Of aaW Addle tract, and ofto being in (Ae North Q J' • W of West Booth Additkm( 0ge9 deb; South 00 649. JJ min 020 coe see. East. a dkidne of 1001.0J3 act J 1 lhaned South SO dog. 22 min. 02 see. West, tong the Nrlh Poo of a seal West Bsdch Additton, a dblance Of JOSgI goal fo a peter h to c66 a ranee pest for ernr, ddid point brio Inn Southaool ernr of a tract of land described In a dead to MrisiHtaon Blojd Nyo, v v roeordsd in Valurns 2Jd.1, page age. 0RVC7• (( D4ea Cox; South 69 O O 469. 22 min. 02 pR Wast, a dlslan4e of JOj gli feet jk (qjl Q Thence North 00 deg. 14 trim. JS sec. West, 01949 the fact iho of v a414 Hi+ greet, a diglanee Of 10"00 foot to a P.K. Nab found h O O Bob Jones Roaq said peinl baley the Nrfndast Corner O of. eaW Frye tract* Good CMS North 00 deli, JJ mkn. 02.0 got. t A Weal, a distance of 1004.096 toot k thence fat, Wang said Bob Jon## Rood a distance of JOJ.9J fdol to the peh,1 of Bpinah9, and 4anlahing 7.00 were, of land mac or Idea. Save and Except any end as portion thersof contained wlthtn any 1 publk or prImle roadway. 1 •Ir x .-NM�.,.� x�-x S 89 22 02 W 303. 9 � West Beach Addition k the undarstgned hrcby ertlly that the wrvy map hraon, and 14, aee•mpanylnl 4•erlPllan, d•pkls and describes the results of r a Cald and accuratevervey, mods an the 9reund, and to the beat of my Iv,•wi•dpe and belief. let a truo and Correct depiction and desriplien of the property owwyed, and that Uwe R r• na apparent anerwetunants r Protrusions Great boundary lines, shortages of run Of boundary, �` e'pelaT .ti �.•�• /, •leapt CC shown hroon, the only easements the undwofgnd has knowt•dgs, are those as shown, 4:. however this property Is subject to dny and db esm doaats, r marvaltana, and. r4strlsUans V*t may be of record Any .. • • • • • • • .... . RICQ ARD 0. HAM rafrance to the 100 year Bed 111461 Or sod hoard zone. Is on astimato based an the data d4t/d harden, and shaJ4 not be •Inlsrprel4d • %. •' • • . • • . • • • • •r • M 4687 as a study or detrrninalkn of the 600dhq propanalt104 of this poparty. Note 7W4 �•� I- p� survey cab Performed it connection with the trans6cllon doorbod h! GF Ne. 1401996-t7 A, for Lawyers Ameken TIUe car pany.Richard w� "UJI'Yf J140 A.0-1) ICU411 JU P,o. 801( 8399' FORT WORTH, TWS 78112 Registered Professional Land Surveyor No. 4587 Legend: 0 Iron Rod Found -x-x- Wood or Mrs Fence • Iron Rod Set A Control Mbnument Rote: J/9/94 All Iron rods are 1 2' rebar_ unless oth"l-- --'- • Job No. 10193-W79 so - � Im N ITY OF SOUTHLAKE, TEXA " ORDINANCE NO. 480- 1 38 AN ORDINANCE AMENDING ORDINANCE NO. 4 , AS AMENDED, THE COMPREHENSIVE ZONING ORDINANC OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZON 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 = TIM TO w ., ....� 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 HEREO , PROVIDING A SAVINGS CLAUSE; PROVIDING F R PUBLICATION IN THE OFFICIAL NEWSPAPER; D PROVIDING AN EFFECTIVE DATE. WHEREAS, V ity of Southlake, adopted by the electorate pursu of the Texas Local Government Code; and, .-ffome rule City acting under its Charter 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 the City's Comprehensive Zoning Ordinance; and under 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 GAORDWNINM480.I38 Page t changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: GAORDWNING�480. 138 Page 2 M Being acre tr c f land situated in the a " m and more fully and completely described in Exhibit "A" ...��` �a �` � �-�a,g attached hereto and incorporated herein, from to ..w1 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 GAORMZONING480.138 Page 3 6b' I 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 GAORMZONINQ480.138 Page 4 f1 = m APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: GAORMONINM480.I38 Page 5 OR IN EXHIBIT "A" ScIng a tract or parcel of land sltvotvd In the M. Mahaffey Survey, .Abrtraet No. 916, In Denton County. Texas, and being q portion of a coiled 68.078 acre tract of land described an the llrst tract In o Oeed to Earnest Clay, doted January J0, 1945. recorded In Volume J12, Page 422, of the peed Records of Denton County, Texas,(DROCT),. qnd being mare particularly detcYlbed by metee and bounds as Iollawes Commencing at a nary favnd In Bob Jones Road, said point being the Northeast comer of acid 58.076 acre tract. sold point also being the Northwest corner of a called J.150 Ccre tract of land described In a deed to from Rosa Clay to W.E. Tucker, recorded in Valumo 559, Page 484, DROCT; thence West, along said Bob Jones (toad, a dlstanct of 479.66 feet to a. point for corner, and the Point of Beg/nning of the tract hsraln described. from aatd ppoint a P.K. NO faurtd bears N 00 deg. 27 min. SJ see. Wool, a distance of 2.82 feet, told paint also bding the Northwest corner of a tract of land described In a dead to Burney N. Adair and wife Marto K. Adair, recorded in Volume 12513, Page 905, dROCTt Thencd South 00 deg. 14 min. J1 see. Eatt, along the West line of told Adair tract, passing a 1.12 Inch Iron rod found of a distance of 35.17 feet, continuing an In all a distance of 1001.04 feet to a* a/$ Inch iron rod found for corner. sold point being the Southwest corner of sold Adair tract, and alto being In the North litre of West Bsach Addition,-( Deed coil; $outh 00 deg. 33 min. 02.8 ago. East, a distan6o of 1001,5.56 feet ); Thence South 89 deg. 22 min. 02 sec. Weal, Clang .the North line of told West Beach Addition, o distance of 303.91 fOst to a point In a fence post for corner, Bald point being the $outheoet corner of a tract of land described In a deed to MarletHellen Sinja kyv, recorded in Volume 2J5J, Page 860, pROCr; ( Dead Call; South 89 deg. 22 ruin. 02 sec. West, a distance of Jo3.91,2 feet ); Thencs North 00 deg. 14 min. J5 W. West, along the East line or sold Nye tract, o distance of 1005.00 feet to C P.K. NO found in Bob Jones Rood, sold point bolog the Northeast Corner Of said Nye tract; ( Deed Call: North 00 deg. 33 min. 02.8 leC. West, a distance of 1004.996 feet ); thence East, a1onq said Boa Jones Road, a distance of 303.93 foot to the Point of Baginning, and containing 7.00 aerca of land, rnere 4r Issr. Sdve and Except any and all portion thereof contained wltltlq any public or privole roadway. GAORDVONING\480.138 Page 6 • City of Southlake, Texas ' MEMORANDUM July 5, 1994 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Annexation of 0.361 acres of land Ordinance No. 607, 1st 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 first reading of Ordinance No. 607. If you have questions, please let me know. /sl co\amox\mtg\st ORDINANCE NO. 607, AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TRACT 7A, ABSTRACT 1510, CM THROOP SURVEY, TARRANT COUNTY, TEXAS, INTO THE CITY OF SOUTHLAKE, 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 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 QW F.\,iles\muni\slake\ordinanc\annex (05-16-94) ye'l -, �— 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. 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 corner 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 9d, 3 THENCE SOUTH 89 degrees, 45 minutes, 15 seconds West with fence in the North line of said Veterans' Iand 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 y 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\anncx (05-16-94) 4 APPROVED AS TO FORM AND LWALITY: CITY ATTORNEY DATE: EFFECTIVE: f:\,i,",Muni\slakd\ordinanc\annex (05-16-94) EXHIBIT'A' Y ANNEXATION TRACT BEING a tract of land in the C.M. Throop Survey, Abstract 1510, by Deed to ThurmadHead 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 l 1.32 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, Tan -ant County, Texas, said point being 318.3 varas West of the Southeast corner 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, It 5.65 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. A1A 126 Ac EXHIBIT 'B' ANNEXATION TRACT ---------- --------------- ----- 0 11� Q i � Q o OI 3 7 40 Q 6 7A4B 's 4810 U I ~ ti 7A 7A 182A I J 1" =200' 7A V 4 lA W I I Q 7A 7A J 48 48 4A 4811 TRACT 8 9 182A1 WEST oOV 7A 7A t F STRFe� 4c � I L I 5A AL2 SURVEY A-1510 - - - - - R SURVEY A-2003 SOUTHLAKE CITY LIMIT 18 „ 2e I 17 _ _ _ 1 Ac -.-._._.-.__---- 16 10� 2C -- ---- c�� ._._.-..._. ,s 1 Ac J� I 9 --.—.—.—.— — — --- C 14 � 13 <p 3 I C B V •—•—•— — —- 12 LLl + POIF 11 L 35 Ac Q (N 1A A EXHIBIT "B" TO ORDINANCE NO. 607 ANNEXATION SERVICE PLAN CM THROOP SURVEY, ABSTRACT NO. 1510, TRACT 7A GENERAL: This annexation incorporates an area of the C.M. Throop Survey, Abstract No. 1510. Tarrant County, Texas referred to as Tract 7A (see attachment). SOLID WASTE COLLECTION: Solid Waste Collection service in the City of Southlake is presently being provided by Laidlaw. Service will be provided to the annexed area. UTILITY SERVICE: POWER: (TU Electric/Tri County Electric) will provide power service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. GAS: There is no current gas service adjacent to the annexed area. CABLE TV: Harron Cable will provide cable TV service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. TELEPHONE: (General Telephone Company/Southwestern Bell Telephone Company) will provide service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. This will include the "9-1-1 " Emergency Program. WATER: The City of Southlake does not provide the water service to this area; however, City water is available immediately adjacent to the annexed area. All water system improvements within the annexation area will be in accordance to the present City policy, and will occur regardless of the annexation. SEWER: Wastewater flows from this annexation will be accommodated by Septic Systems installed in accordance with Texas Board of Health Standards for the construction of private sewerage facilities, as administered by the Tarrant County Health Department. 9" i 1 ANNEXATION SERVICE'PLAN C.M. Throop Survey Abstract No. 1510, Tract 7A Page 2. ROADWAYS AND ROADWAY MAINTENANCE: The proposed annexation area is currently being maintained by County forces. The County will continue to provide maintenance to the current streets. The annexed area does not include any of the existing roadway. FLOOD PLAIN: Based upon the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM), dated January 6, 1993 a portion of this property is located within the 100-year floodplain. Development within the floodplain area will be controlled by existing City codes and regulations. POLICE PROTECTION: The annexed area is currently and will continue to be patrolled. No additional police personnel or capital expenditures are expected as a direct result of annexation of this area in providing police protection. FIRE PROTECTION AND AMBULANCE SERVICE: The annexed area is currently and will continue to be provided fire protection and ambulance service by the central fire station until additional substations are required by development in the general area of this annexation. The additional staffing, equipment, and capital expenses will be incurred regardless of the annexation. SUMMARY: Fire protection, police protection, water and sewer services to the area can be provided at no direct expense to the City under present policies, ordinances, and staffing levels. All other services can be provided via Franchise Agreement with TU Electric, Tri-County Electric, Lone Star Gas, Planned Cable Systems and Laidlaw. RECOMMENDED FOR COUNCIL CONSIDERATION: Curtis E. Hawk City Manager At B (r EXHIBIT =fir" TO ORDINANCE NO.A4W 40 ANNEXATION SERVICE PLAN CM THROOP SURVEY, ABSTRACT NO. 1510, TRACT 7A GENERAL: This annexation incorporates an area of the C.M. Throop Survey, Abstract No. 1510. Tarrant County, Texas referred to as Tract 7A (see attachment). SOLID WASTE COLLECTION: Solid Waste Collection service in the City of Southlake is presently being provided by Laidlaw. Service will be provided to the annexed area. UTILITY SERVICE: POWER: (TU Electric/Tri County Electric) will provide power service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. �w GAS: There is no current gas service adjacent to the annexed area. CABLE TV: Harron Cable will provide cable TV service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. TELEPHONE: (General Telephone Company/Southwestern Bell Telephone Company will provide service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. This will include the "9-1-1" Emergency Program. WATER: The City of Southlake does not provide the water service to this area; however, City water is available immediately adjacent to the annexed area. All water system improvements within the annexation area will be in accordance to the present City policy, and will occur regardless of the annexation. SEWER: Wastewater flows from this annexation will be accommodated by Septic Systems installed in accordance with Texas Board of Health Standards for the construction of private sewerage facilities, as administered by the Tarrant County Health Department. ANNEXATION SERVICE PLAN C.M. Throop Survey Abstract No. 1510, Tract 7 A Page 2. ROADWAYS AND ROADWAY MAINTENANCE: The proposed annexation area is currently being maintained by County forces. The County will continue to provide maintenance to the current streets. The annexed area does not include any of the existing roadway. FLOOD PLAIN: Based upon the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM), dated January 6, 1993 a portion of this property is located within the 100-year floodplain. Development within the floodplain area will be controlled by existing City codes and regulations. POLICE PROTECTION: The annexed area is currently and will continue to be patrolled. No additional police personnel or capital expenditures are expected as a direct result of annexation of this area in providing police protection. FIRE PROTECTION AND AMBULANCE SERVICE: The annexed area is currently and will continue to be provided fire protection and ambulance service by the central fire station until additional substations are required by development in the general area of this annexation. The additional staffing, equipment, and capital expenses will be incurred regardless of the annexation. SUMMARY: Fire protection, police protection, water and sewer services to the area can be provided at no direct expense to the City under present policies, ordinances, and staffing levels. All other services can be provided via Franchise Agreement with TU Electric, Tri-County Electric, Lone Star Gas, Planned Cable Systems and Laidlaw. ED FOR COUNCIL CONSIDERATION: City Manager 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. achodule�aonexat. I FTFT MMI TtARRETT & TAYLOR, L.L.P. ATTORNEYS 3400 BANK ONE TOWER 500 THROCKMORTON STREET FORT WORTH, TEXAS 76102-3821 TELEPHONE (817) 332-2580 (800) 318-3400 FAX (817) 332-4740 Of Counsel MARY E. DRAKE VIA HAND -DELIVERY City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Attn: City Secretary Sandy LeGrand: Dear Ms. LeGrand: RECEIVED v N 1 1 1994 CITY SECRETARY, - Licensed in the States of Texas and Illinois and the U.S. District Court for the Central District of Illinois Pursuant to our telephone conversation, enclosed are three (3) Ordinances and a Resolution pertaining to the Texas Utilities Electric Rate Petitions filed with the City on June 6, 1994. Pursuant to the Public Utility Regulatory Act, Article 1446(c), §17(a), municipalities have exclusive original jurisdiction to regulate the rates, operations and services of electric utilities within the city's corporate limits. These documents represent the four (4) options available to the City in dealing with this TU Electric Petition. These are: Approve, Approve Subject to the Approval of the Public Utilities Commission, Deny, or Suspend Consideration for a maximum of ninety (90) days. If the City decides to approve the rate change, then ten percent (10%) of the rate payers within the City may appeal this action to the Public Utilities Commission which has appellate jurisdiction over public utility rates. If the City denies the rate change then TU Electric may appeal to the Commission, which it has indicated in its Petition and Statement of Intent that it intends to do. If the City decides to approve contingent upon the approval of the Commission, then the available appellate remedy will be available to ten percent (10%) of the rate payers following approval by the Commission. If the City decides to suspend the rates for the maximum ninety (90) day period provided in the Statute, and the City takes no action by the end of the suspension period, then the Statute provides that the rate change becomes effective. The proposed effective date of the rate change is thirty-five (35) days following the filing.pf the Petition, or July 11. The City will need to place the rate change on its Council agenda for consideration at the June 21 meeting. Approval, contingent approval, or denial must be dealt with by Ordinance which requires 2 readings of the Ordinance. If this cannot be accomplished prior to July 11 through regularly scheduled meetings, I suggest that the proper course would be to pass a Resolution Suspending the rate change for June 17, 1994 Page 2 ninety (90) days to enable the City to deal with the Petition in proper form without time pressure. Let me now explain the contents of the Petition for rate change. TU Electric is asking for the ability to negotiate lower rates on a case -by -case basis to certain specified customers in certain specified situations. These are as follows: 1. Wholesale Power Competitive Pricing - Rate WPC. When a wholesale customer, such as a municipality, to which the utility is providing electricity for resale, can show to the utility's satisfaction that the customer has available to it a lower electric rate, for example, through another utility or by co -generation or self - generation of electricity, then TU Electric would have the ability to negotiate and offer to the wholesale customer the same rate which the customer can receive elsewhere. 2. General Service (Retail) Competitive Pricing - Rate GC. TU Electric is also asking for the ability to negotiate the same decreased rate in the same circumstance for the individual retail customer using above a certain minimum KW as well. 3. Economic Development Rider - Rider ED. This rate will enable the utility to negotiate on a case -by -case basis with new customer using 200 KW or more, or contemplating adding 200 KW or more, who can show to the utility's satisfaction that unless TU Electric provides a decreased rate the customer will not enter the TU network. In order to negotiate this rate the customer must show to TU Electric, that it will not relocate to the TU Electric network, unless certain concessions are available. This also requires the customer to show to the utility that a certain number of jobs will be available due to relocation or expansion if the economic development rate is provided. 4. Environmental Technology Rider - Rider ET. The utility is seeking the ability to provide a decreased rate to customers as an incentive to either put in, or switch to, a more environmentally beneficial technology which is based on the use of electricity. One example is the use of electrically generated ozone to treat public drinking water. Each of these rates will be available to the customer for a period of five (5) years, and each year the benefit to the customer is decreased by a certain percentage. At the end of the five (5) year period the customer would be back at the regular rate. In answer to concerns about whether TU Electric, by providing these decreased rates, would be discriminating among customers or creating an unlevel playing field, TU Electric replies-�hat they will be providing only the rate that the customer can prove would be ' available to it anyway from a different service provider. Also, the ability to keep customers in the rate base, even though at reduced rates, means that the remaining customers will be less burdened in terms of the rates paid by them in order to carry the utility's service base. M June 17, 1994 Page 3 s Please note that the Statute provides in utility rate cases that municipalities may hire the services of consultants, including attorneys, accountants, analysts, and so forth to assist them in analyzing the material provided by the utility, and seek reimbursement for those costs from the utility. If you have any additional questions concerning this, or if I may be of any assistance, please contact me. MED/jbs f:\files\md\solake\tu.let cc: Betsy Elam Analeslie Muncy Wayne K. Olson E. Allen Taylor Lq Very truly yours, Mary rake ON #1 ORDINANCE NO. AN ORDINANCE ARIDDXU[_ TARIFF SCHEDULES OF TEXAS UTILITIES ELECTRfC COMPANY AND PROVIDING AN EFFECTIVE DATE THEREOF, PROVIDED THAT SUCH TARIFF SCHEDULES SHALL BE APPROVED BY THE TEXAS PIIBLIC UTILITY COMMISSION; PROVIDING CONDITIONS UNDER WHICH SUCH TARIFF SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS UMXLtLANCE IS PASSED IS OPEN TO THE PIIBLIC AS REQUIRED BY LAW. _ WHEREAS, the Cil-►,,of Southlake, xas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the 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: IN SECTION 1. The said tariff schedules of Texas Utilities Electric Company are hereby approved for application within the corporate limits of this municipality, but only to the extent that same are approved by the Public Utility Commission of Texas pursuant to the Petition and Statement of Intent filed by said Company with the Public Utility Commission of Texas on June 6, 1994, 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 date the Public Utility Commission of Texas orders said new tariff schedules effective for Texas Utilities Electric Company, provided that said tariff schedules may be earlier placed in effect within this municipality to the same extent that said tariff schedules are earlier placed in effect in the areas subject to the original jurisdiction of the Public Utility Commission of Texas fixing interim rates or pursuant to a bond filed with the Public Utility Commission of Texas and subject to refund to the same extent as authorized by Section 43(e) of the Public Utility Regulatory Act. 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 5. 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. SECTION 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 Qe by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 199 rwrr'_m ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 199_ MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: f:\files\md\slake.ord -4- ED-rr OPTION #2 AN ORDINANCE APPROVING TARIFF SCHEDULES OF TEXAS, UTILITIES ELECTRIC COMPANY AND PROVIDING AN EFFECTIVE DATE THEREOF; PROVIDING CONDITIONS UNDER WHICH SUCH TARIFF SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. —WHEIkS, the City Southlake, Texas is a home rule c'ty acting under its charter adopte the electorate pur ant to Article XI, Section 5 of the Texas Consti 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: i0 -4. Qe 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. QW 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. -2- SECTION 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 8. 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. -3- PASSED AND APPROVEn, ON FIRST READING ON THIS DAY OF 199 MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 199_. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: f:\files\md\slake.2ord -4- OPTION #3 ORDINANCE NO. AN ORDINANCE DENYING TARIFF SCHEDULES OF TEXAS UTILITIES ELECTRIC COMPANY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. 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, 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: SECTION 1. The said tariff schedules of Texas Utilities Electric Company are hereby denied. 9'b-lo SECTION 2. 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 3. 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. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances in the City of Southlake, Texas, except where the Q0, provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of Qe -2- 90-1( any such unconstitutional phrase, clause, sentence, paragraph or section. 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 FIRST READING ON THIS DAY OF , 199. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 199 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: - EFFECTIVE: f:\filee\md\slake.rej -3- u D-' Z'. OPTION #4 RESOLUTION NO. A RESOLUTION SUSPENDING THE PROPOSED 13FFECTIVE DATE OF THE PROPOSED RATE SCHEDULES AND ERVICE REGULATIONS OF TEXAS UTILITIES ELECTRIC COMPANY IN THE CITY OF SOUTHLAKE, TEXAS; PROVIDING THAT THE RATE SCHEDULES AND SERVICE REGULATIONS OF SAID COMPANY SHALL REMAIN UNCHANGED DURING THE PERIOD OF SUSPENSION; PROVIDING FOR NOTICE HEREOF TO SAID COMPANY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, on June 6, 1994, Texas Utilities Electric Company filed with the City Council of the City of Southlake its Application and Statement of Intent, together with its rate filing package, proposing to change its rate schedules and service regulations within the corporate limits of the City of Southlake, effective upon approval by the City of Southlake. WHEREAS, in order to allow sufficient time for the consideration of the voluminous data filed by said Company, it is the desire of the City Council to suspend, pursuant to Section 43(d) of the Public Utility Regulatory Act, the proposed effective date of said proposed changed rate schedules and service regulations for a period of 90 days from the passage of this resolution, such suspension being in the public interest. NOW, THEREFORE, be it resolved by the City Council of the City of Southlake, Texas: I. The effective date of the proposed changed rate schedules and service regulations of Texas Utilities Electric Company is hereby suspended for a period of 90 days from the date of passage of this resolution. II. The rate schedules and service regulations of Texas Utilities Electric Company within the City of Southlake in effect on the date of passage of the resolution, shall continue in force during the period of suspension as provided in Section I hereof. The City Secretary is hereby directed to deliver a copy of this Resolution to Texas Utilities Electric Company promptly after the passage hereof. IV. It is hereby officially found and determined that the meeting at which this Resolution is passed was open to the public and that public notice of the time, place and purpose of said meeting was given, all as required by law. V. This Resolution shall be effective upon passage. PASSED and APPROVED this day of 1994. ATTEST: City Secretary -2- Mayor, City of Southlake APPROVED AS TO FORM AND LEGALITY: ,. City Attorney Date: ADOPTED: EFFECTIVE: f:\files\md\sl-elres 14 A -3- g D,15' City of Southlake, Texas MEMORANDUM July 1, 1994 TO: Honorable Mayor Fickes and Councilmembers FROM: Sandra L. LeGrand, City Secretary SUBJECT: Appointments to the Zoning Board of Adjustments =Wjyfi�% Resolution No. 94-31 allows for the appointment of two members and Alternate #1 to the Zoning Board of Adjustments. This board consists of five (5) members with two (2) alternates. I have attached the applications for these appointments, as well as the letters from current members who wish to be reappointed for another term. Council has had the opportunity to interview each of the applicants. I contacted those who had applied for other positions, and the following indicated they would like to be considered for Board of Adjustments: Dick Waltke, Jim Burger, Art Sorenson (currently serves as an alternate member), Gary Hargett and John Moore. I have attached their applications for your review. If you have questions, please do not hesitate to contact me. memo\res94-31\boards and comm\sl 9a-I City of Southlake, Texas RESOLUTION NO. 94-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake has a Zoning Board of Adjustments as stated in the City Home Rule Charter, Chapter XI, Section 11.02; and, WHEREAS, the Zoning Ordinance No. 480, Section 44, calls for a five (5) member board with two (2) alternate members; and, WHEREAS, currently the two year terms of two (2) members and one (1) alternate member have expired; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All the findings in the preamble are found to be true and correct and the City Council does hereby incorporate said findings into the body of this resolution as if copied in its entirety. Section 2. The terms of members, Fred Joyce, Dennis Minder and Alternate #1, Sharon Hobbs, have expired. Section 3. Under this resolution, the following persons are hereby appointed to the Zoning Board of Adjustments for terms to expire in June, 1996: 1. 2. 3. Section 4. This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE 5TH DAY OF JULY, 1994. J City of Southlake, Texas Resolution No. 94-31 page two CITY OF SOUTHLAKE, TEXAS Mayor Gary Fickes ATTEST: Sandra L. LeGrand City Secretary oo\m$\bofa\$I • 06-02-94 01:41PM FROM JOYCE-MYERS ENT. P02 s FRED JOYCE - MARY MYERS ENTERPRISES, ]ETC. 1017 William D. Tate Ave. Grapevine, TX 76051 Office Phone: (811) 4814619 Mobile Phone; (817) 475-1812 Fax: (817) 481-4593 June 2, 1994 City of Southlake 667 North Carroll Ave. Southlak% TX 75092 Attention: Sandy Legrand, City Secretary Dear Ms. Legrand: RECEIVER .10 N 0 2 1994 CITY SECRETAR .tJ This letter serves to notify you of my willingness to serve another term on the Zoning Board of Adjustments for the City of Southlake. Affinceree �V RECEIVED 6 12,1 S Y m juN 0 2,1594 CITY SECRETARY lit -4500, City of Southlake, Texas RECEIVED APPLICATION FOR APPQR*%r IVIENT TO - SO IFILAKE BOARDS AND COMMISSIONS NAY 7 1994 T CITY SECRETARIW APPLICATION FOR APPOINTMENT TO: (Name of Board, Commission, or Committee) use a separate application for each appointment des NAME: Aze-/ z�,�E/�/�� ADDRESS: HOME PHONE: YEARS IN 'CITY: EMPLOYER: PHONE: Current and/or previous board, commission, or committee experience in the City of Southlake: / A-r! ♦ a /l Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: c�,v�`/il/UE"D ��Y/�-� /40 Qualifications and experience that would assist you in serving in this position: Do you you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? XZ151 Additional information or comments? Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. signature: z �GG�Lu�jZ�� Date: S -1 7 — i If addition space is needed, attach to this application City of Southlake, Texas RECEIVED APPLICATION FOR APPOTZVTMENT TO - MAY 3 11994 SQUIBLAKE BOARDS AND COABUSSION ITY SECRETARY APPLICATION FOR APPOINTMENT TO: (Name of Board, Commission, or Committee) /? (/ rvl2 P ar_ x use a separate application or each appointment des NAME: ToA Al /Y . moox ADDRESS : -_� 0 c - ,S fl Lf Z]J/ ZXA-t' HOME PHONE: YEARS IN CITY: ) p EMPLOYER: 14 /ffC PHONE: Z / z3 2 Sol Current and/or previous board, commission.. or committee experience in the City of S/+oPuthj/l ke : Reasons for desiring to serve on this board, commission, or committee,�,,�nd yo r opinion alp to th�purgose, q als, and duties of same : 441-1 . �,� _ , -7/' _ alp �_ n / � - -� /V . . _ 0 a�i'icatio a d xp Tien JF a that would assist you in er i g in is positior)4 v�� _`_ !y D Do you understand and agree that your regular attendance and active support are required as an appointee andj that noncompliance could result in r�rTM.vT�,.i r..cm t a,oa=%7w �r�a t�vYi the LV.:LL.a� Additional information or comments? -- � Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. signature: Date: 17 jy'9 y If addAtional space is needed, attach to thl�6 application qa- - 7 City of Southlake, Texas ,RECEIVED APPLICATION FOR APPOINTMENT TO E E B 2 5 1994 SOUTHLAKE BOARDS AND COSIONS APPLICATION FOR APPOINTMENT TO: (Name Committee) / / /a"'/7rn a F2- GL7// J ai i 1-7e us a separat6 application for eac CITY SECRETAK r, of Board, Commission, or i I I appointment desired I NAME: ADDRESS: G ,?(D %i'u e lc Ll t° % ✓u , / .Su,T� /:rz / HOME PHONE: (21 7) `7` 9 - /c:.;3 YEARS IN CITY: EMPLOYER: GTE /,in �,,7-/� f-?�L.y%�-s PHONE: (�2/y)?Ig- 5,Z,12,p Current and/or previous board, commission, or committee experience in the City of Southlake: /`/y/�E Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties'of same: TG o — � LJ�"77�i�//r'i. G ram... ,•ri Qualifications and experience that would assist you in serving in this position: I-r?C✓c- /7, /✓r- .1 y.�xi Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in- removal from the board? >-F Additional information or comments? o'7Z7 J,,. 17t4 /p k (, /J • 7` l"///s&&Ze 7`i4 e Ccr-i7 brt.h�z lir C u.✓P�7"_/y -P��/1�� C.,r C'i7�iZr.,1 �%�-7•`/�� 75 Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. Signature j --Date: If additio al space is needed, attach to this application City of Southlake, Texas :"CEME.� "PLICAMN F,QR AM'POIM`IV ENT TO FEBj 5 1z94 " ' SQIL � jL(/ BOARDS .AND C011►'IlVt SLO S. s i CITY SECRETAW4 APPLXCATION FOR APPOINTXEl'iT TO: (Name of Board, Commission., or l Committee) PANNING and ZONING COMMISSION use a separate.application.for..each appointment desired I Nam: Gary H. Hargett ADDRESS: 1125 S. White Chapel Blvd. HOME P80NE: 488-1327. YEARS IN CITY: one Imperial Eagle Investments, Inc. EMPLOYER.% pgO; 457-80.80 i Current a.nd/or previous board;, commission, or co=ittee experience in the .City Of SOuthlake: None i , .Reas;ons fo.r desiring to serve on this board, commission, or comma ttee., and your opinion as to the .purpose-, goals, and duties of smile.: Contr-i hu..P_tn tha dyynami r d'PVP1 n, magt Whi 1 p ma i ntani nn the t 1 rharartPL of the rity. of Sniithlaka i ¢ualifioations: and experience that would assist you in serving in this position: %30 years construction including replat, rezoning and { development and management office -warehouse- prn "C s i in various cjties Do you understand and agree that your regular attendance and active support are required, as an appointee and that noncompliance could. result in removal from the board?yPs Additional iatormation or comments? Please review attached resume Please return this completed form to the city Secretaryls office. Bach application will be kept on file for one (i) year. • A✓ February 14 1 4 Signature... Date. y 99 if additional space is needed, attach to this application TOTAL P.02 OBJECTIVE: EXPERIENCE: MILITARY: DUCATION: PROFESSIONAL TRAINING: LICENSE: SERVICE: PROFESSIONAL REFERENCES: GARY H. HARGETT 1125 S. WHITE. CHAPEL .BLVD. SOUTHLAKE, TEXAS (817) 488-1327 To acquire experience in city planning and zoning with an emphasis on preserving the natural character of-Southlake To serve as a communication liaison for planning and zoning issues and Coalition of Southlake Neighbors Imperial Eagle`Investments, Inc. - President land acquistion, replat, rezone., construction and management of office -warehouse complexes in * Ft. Worth * Watauga * Forest Hill Ft. Worth Plumbing Supply :Co. - Chairman founded company in 1976 Gary's Plumbing Co. - owner from 1.9.69 - 1976 United States Coast. Guard pipefitter - Engineman 2nd Class Texas Christian. University - Bachelor Degree Polytechnic High School - Ft. Worth American Management Association - 4 week management course National Association of Wholesale Distributors management course - Ohio State University State of Texas Master Plumber.# M 5505 City of Ft. Worth Mechinical Contractor # A 369 White Lake School - Board of Directors Wholesale Distributors Association Junior Executives - Board of Directors Wholesale Distributors Association - Board of Directors Mr. Bill Keating - City Manager of Watauga Mr. Gary Caldwell - Chief Building Inspector of Ft. Worth City of Southlake, Texas "PLYCATYQN FOR APPM �'TM ENT TO R]EC.ENTS-9 SOUTHLAKEBPOA�DS ArTD COM_NYMSSIONS AN APPLICATION FOR APPOINTMENT TO. CITY SEon, R � (Name of Board, Commission, p Committee) Southlake Parks Board use a separate applicaf .ion tor each appointment des NAME: James P. Burger Sr. ADDRESS: 1041 Summerplace Lane HOME PRONE: (817)421-1439 YEARS IN CITY- 13 EMPLOYER: IBM PHONE: (214)402-5688 Current and/or previous board, commission, or Committee experience I in the City of Southlake; None : Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, gaa-ls, and duties of same: The ur ose of the board should be to provide organized and constructive activities for the children and adu is of our city to par icip in which should have them feeling an en'o able construe ive sense o accomplishment once they have participated in the activities. J Qualifications and experience that would assist you in serving in this position: See Attachment Do you understand and agree that your regular attendance and Active support are required as an appointee and that noncompliance could result in removal from the board? Additional information or comments? See Attachment Please return this completed form to the City secretaryfs Office. Each application will be kept on file for one (1) year. Signa If additional spaQe is qA, -/ I te: June 10, 1994 attach to this application TOTAL P.02 04 y Qualifications: 1977-78 Ohio Big Brothers program volunteer 1981-94 D/FW IBM Club volunteer 1985 D/FW IBM Club Secretary 1986 D/FW IBM Club Vice -President 1987 D/FW IBM Club President 1991-94 Grapevine Soccer.Association coach 1991-92 Dallas Special Olympics volunteer 1992 Southlake Youth Basketball coach 1993 Southlake Youth Baseball coach 1993-94 IBM Adopt -A -School program - Schulze Elementary The D/FW IBM Club is a non-profit organization established for the purpose of offering education, social, athletic and recreational programs for approximately 6,000 IBM Corporation employees and their families in the Dallas/Fort Worth metropolitan area. I have been the sports commissioner for golf, tennis, basketball, softball, and volleyball. These leagues were offered two to three times a year and several were active during the same time. Duties involved league organization, scheduling, handicapping, arranging facilities throughout the metroplex for the leagues to play, resolving game protests, contracting officials and umpires and the annual year-end sports banquet and awards. These activities were performed along with my normal business duties and responsibilities. I strongly believe the programs offered for children should be managed for the enjoyment and education of the children who participate in them. The programs should be conducted in a professional atmosphere where any league, officials and parent negotiations and resolutions should be conducted at the appropriate time and place and not during the games where the children are affected. I also have a sincere concern for the safety, of'the children using the city facilities. There should be city, board, community, (mow, and parent awareness regarding this matter and an effort should be put forth to solicite volunteer adult participation in ensuring the facilities are maintained for everybody to enjoy. 2 fI'V /3 James P. Burger Sr. City of Southlake, Texas - CI MANAGER MEMORANDUM July 1, 1994 TO: Honorable Mayor Gary Fickes and Councilmembers FROM: Sandra L. LeGrand, City Secretary SUBJECT: Appointments to Teen Court Advisory Committee The Teen Court is a volunteer program which allows juvenile misdemeanor offenders an alternative to the criminal justice system, and the opportunity to assume responsibility for their own actions by involvement in the judicial process and community service. The Teen Court Advisory Committee is comprised of nine (9) members: one (1) City Council member; two (2) citizens appointed by the City Council; and, one (1) member of the Carroll Independent School District staff; one (1) member of the CISD Board of Trustees, to be appointed by the Superintendent of Schools of the CISD, on an annual basis. Upon application to the board, four (4) students from Carroll High School are selected by the board. Andy Wambsganss currently serves as representative from the City Council. Sally Hall and Cathy Turner were the citizens appointed by the City Council. Cathy Turner has indicated that she would like to be considered for reappointment to another year on the board. I have not received any applications specifically for this board, however, I contacted applicants for other Boards and Commissions, and the following have indicated they would like to be considered for Teen Court Advisory Committee: Art Sorenson, Gary Hargett, and John Moore. If you have questions, please give me a call. mono\res94-34\board3 and comm\sl ' City of Southlake, Texas - RESOLUTION NO. 94-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE TEEN COURT ADVISORY COMMITTEE FOR A ONE (1) YEAR TERM; PROVIDING AN EFFECTIVE DATE. WHEREAS, Teen Court is a volunteer program which allows juvenile misdemeanor offenders an alternative to the criminal justice system; and, WHEREAS, Teen Court allows juvenile offenders the opportunity to assume responsibility for their own actions by involvement in the judicial process and community service; and, WHEREAS, Teen Court brings juvenile offenders to a jury of their peers and to the community for constructive punishment which will provide the youths with an understanding of their judicial system and a realization of their rolls in their community; and, WHEREAS, Teen Court Advisory Board is comprised of nine (9) members: one (1) City Council member; two (2) citizens appointed by the City Council; and one (1) member of the Carroll Independent School District staff (CISD); and one (1) member of the CISD Board of Trustees, to be appointed by the Superintendent of Schools of the Carroll Independent School District, on an annual basis. Upon application to the board, four (4) students of Carroll High School are selected by the board; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All the above premises are found to be true and correct and are hereby incorporated into the body of the resolution as if copied in its entirety. Section 2. The members appointed by the City Council include one (1) City Council member and two (2) citizens at large. 1. Councilmember 2. 3. Section 3. The Resolution is to be effective on the day of approval by the City Council. 76 City of Southlake, Texas Resolution No. 94-34 page two PASSED AND APPROVED THIS THE 5TH DAY OF JULY, 1994. ATTEST: Sandra L. LeGrand City Secretary cc\es\tcm COU&Sl rAi Mayor Gary Fickes City of Southlake, Texas RECEIVE. APYLICA TIQN FOR AP_.PO NIN N4EN=O F E B 5 199�t TH.LA B4A�riS D COlVI1 U SIGNS CITY SECRETARY APPLICATION POR APPOINTMENT To: (Name, of Board, Commission, or ; Committee) PANNING and ZONING COMMISSION use a separate application for each appointment desired i NAME: Gary H. Hargett ADDRESS. 112.5 S. White Chapel Blvd. I HOME PRONE: 488-1327 YEARS IN CITY: one EMPLOYER: Imperial Eagle Investments, Inc. pgONE. 457-8080 Curreat apd/or previous board, comtaission, or committee experience in the City of Southlake: None Reasons for desiring to serve on this board, commission, or commi ttee:, and your opinion as to the :purpose.. goals. and duties of SaLM0:: rnnfiri burp. to the d,yi3ami r development Wbi 1 e ma i ntan i nn the natjAral rhararte): of the rite of rmithlake Qualifications. and- experience that would assist you in serving in this position: 30 years construction including replat, rezoning and development and management offire-warehnuce.pj_rcts in various -itips Duo you understand and agree. that your regular attendance and active support are..required as an appointee and that noncompliance could_ result as rex val from the board?yes Additional lufbrmation or comments? Please _review attached resume Please return this Completed form to the city Secretary's office. Each application will be kept on file for one (1) year. J February 14 1994 SignatureDate. e.. _ Y if additional space is needed,- attach to this application TOTAL P.02 GARY H. HARGETT 1125 S. WHITE*CHAPEL BLVD. SOUTHLAKE, TEXAS (817) 488-1327 OBJECTIVE: To acquire experience in city planning and zoning with an emphasis on preserving the natural character of Southlake To serve. as a communication liaison.for planning and zoning issues and Coalition of Southlake Neighbors EXPERIENCE: Imperial Eagle Investments, Inc. - President land &cquistion, replat, rezone, construction and management of office -warehouse complexes in * Ft. Worth * Watauga * Forest Hill Ft. Worth Plumbing Supply Co. -`Chairman founded company in 1976 Gary's Plumbing Co. -owner from 19.69 - 1976 MILITARY: United States Coast Guard pipefitter - Engineman 2nd Class DUCATION: Texas Christian. University - Bachelor Degree Polytechnic High School - Ft. Worth PROFESSIONAL TRAINING: American Management Association - 4 week management course National Association of Wholesale Distributors - management course - Ohio State University LICENSE: State of Texas Master Plumber # M 5505 City of Ft. Worth Mechinical Contractor # A 369 SERVICE,: White Lake School - Board of Directors Wholesale Distributors Association Junior Executives - Board of Directors Wholesale Distributors Association - Board of Directors PROFESSIONAL REFERENCES: Mr. Bill Keating - City Manager of Watauga Mr. Gary Caldwell - Chief Building Inspector of Ft. Worth A APPLICATION Committee) City of Southlake, Texas RECEIVED. APPLICATION FOR APPOINTMENT TO MAY 1 7 19t SOU' MAI E BOARDS AND COMI��IISSIONS CITY SECAETARO-i, FOR APPOINTMENT TO: (Name of Board, Commission, or i use a separate application for each appointment desir NAME: Alze/ ADDRESS: HOME PHONE: EMPLOYER: YEARS IN " CITY: -%, PHONE: Current and/or previous board, commission, or committee experience in the City of Southlake: A ,�(-TF ', X ,;7 6iYC;�F7T Reasons for desiring to serve committee, and your opinion as to same: C®,vT//l/UEp �2V/C67- ;010 on this board, commission, or the purpose, goals, and duties of Qualifications and experience that would assist you in serving in this position: ,F,<-),f7EO Tr2 ,�LijoL!/l'S%Il�i! A- ,-A Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? �XZ15' Additional information or comments? Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. Signature: ��i�zuc��_ Date: i If additio space is needed, attach to this application 0-� City of Southlake, Texas RECEIVED APPLICATION FOR APPOMM NT TO MAY 3 1 1994 s SOUTHLAKE BOARDS AND COWL SSION ITY SECRETARY APPLICATION FOR APPOINTMENT TO: (Name of Board, Commission, or Committee) /� 4iWL2 use a separa p D_r_� application for appo NAME: � )o /✓ N . /WODl(,t ADDRESS :% s 0 yT_W L 7 ZX7 o j} z HOME PHONE: Tzd,yg/ _ Z/ 88' YEARS IN CITY: jQ EMPLOYER: jg� /3 L j e ✓ e t i �E /ff C , PHONE: Current and/or previous board, commission, or committee experience in the City of Southl/_qke: LY Reasons for desiring to serve on this board, commission, or committeend yo r opinion as to thpurgose, g als, and duties of same: �l�f_ .:__ � T/_ _ . If_ �_ � /s.: _ �-T.�J iirications s position that would assist n n - � is meryinq_in Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in r=--val from the boar.'a bC� Additional information or comments? Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. signature: Date: 17 G� � 1,5�9191 If addAtional space is needed, attach to thM application 0,7 City of Southlake, Texas MEMORANDUM June 30, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works IRMA SUBJECT: Variance to Ordinance No. 506 (Sign Ordinance) for Attached Signage at Albertsons. Mr. Jim Gual, ABC Sign Company, has requested a variance to the Sign Ordinance for the storefront of Albertson. He has asked to be allowed to use 36 inch, 48 inch and 60 inch lettering instead of the 24 inch maximum allowed by the Sign Ordinance (See elevation drawing). The City Council may grant a variance to any aspect involved in the sign permitting process if the request meets the four tests as given in Sec. 12 Variances. The four tests and Mr. Gual's responses are presented in the attached Request for Variance. Mr. Gual's basic argument is the 520 foot setback from F.M. 1709 creates a need for larger letters on the storefront. A similar variance was given to Food Lion. Please place this on the July 5, 1994 City Council meeting. BW/sm Attachments wp files\memos\albect. sgn City of Southlake, Texas MEMORANDUM June 18, 1994 TO: Bob Whitehead, Director of Public Works FROM: Paul Ward, Building Official SUBJECT: Variance to Ordinance No. 506 (Sign Ordinance) for Attached Signage at Albertson's A variance to Ordinance No. 506 (sign ordinance) has been requested by Albertson's to allow for additional square footage and letter height for the attached signage on the storefront. A variance has been requested for an additional 156 square feet of area for the Albertson's logo and signage (see elevation drawing). The sign ordinance allows a total of 100 square feet for attached signs. A variance to lettering height on attached signs has been requested to allow for 36", 48", and 60" lettering. The sign ordinance allows for maximum 24" letters. Please place this item on the agenda for the July 5, 1994 City Council meeting. If there are any questions, please contact me. -V PW attachments - variance application elevation drawings site plan sign applications sign ord. provisions ', 9- z PIOR-21-1994 15:40 FRCM CITY OF 9OUTHLAKE City of Southlake, Texas TO 12143333834 P.02 SIGN ORDINANCE REQUEST FOR VARIANCE 4 CASE NO.: FEE:- $100.00 NAME : JIM GUAL ABC SIGN CO. ADDRESS: 3325 FT. WORTH AVE., DALLAS, TX. 75211 PHONE: 214-943-7916 LOCATION OF APPLICATION: (address/legal description) 2201 SOUTHLAKE BLVD. VARIANCE REQUESTED: FOR A SET OF 5' 0" to 4' to 3' ALBERTSONS INDIVIDUAL LETTERS AND LOGO TYPE DUE TO A 520' SETBACK FROM SOUTHLAKE BLVD. ?LEASE DEMONSTRATE THAT THE FOLLOWING CONDITIONS ARE APPLICABLE TO (4� HE REQUESTED VARIANCE: 1. That a literal enforcement of the sign regulations will create an unnecessary hardship or practical difficulty on the applicant. THE READIBILITY OF SMALLER NAME COULD CAUSE A HARDSHIP AT TH14 520'/SETBACK FROM SOUTHLAKE BLVD. 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed. THIS 520' SETBACK IS REQUIRED IN ORDER TO PROVIDE FIVE ADDITIONAL PAD SITES ON THE FRONT PORTION OF THIS DEVELOPMENT. IF THESE PADS WERE NOT REQUIRED, THE SETBACK WOULD HAVE BEEN IN THE 300' TO 400' RANGE. AP.R-21,-1994 15 : 41 FRO11 CITY OF SOUTHLAKE TO Gty of Southlake, Texas - VOIANCE TO SIGN ORD. CASE NO PAGE TWO 12143333834 P.03 3. That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. THE VARIANCE SHOULD NOT IMPACT OTHER ADJACENT COMMERCIAL DEVELOPMENTS AS IT ONLY RELATES TO NAME IDENTIFICATION FOR ALBERTSONS. THEIR SECONDARY "PHARMACY" AND "FOOD" LETTERS ARE 30" IN HEIGHT 4. That the granting of the variance will be in harmony with the spirit and purpose of the sign ordinance. THE GRANTING OF THIS VARIANCE SHOULD BE IN HARMONY WITH THE SIGN ORDINANCE AS THE LETTER SIZES ARE IN PROPORTION TO THE SIZE OF THE BUILDING AND ARE COMPATIBLE WITH THE BUILDING ARCHITECTURE. THE DEEP SETBACK ON THIS SITE REQUIRES ADDITIONAL LETTER HEIGHT. 3IGNATURE; : DATE: JUNE 15 /1994 /D.9 . , r 71 I V) w w r ~ U w J .q :.o 00 O N V- Cl ® a (p aLA- CY � w Q 0 tL- (A O op ? r U N N ! LAJ c r- (_) i NJ Tux .2fY 333 '�'f3/ APPLICATION FOR SIGN PERMIT ( 5z p v,-;--" 4:& y- 21-GY fj5 City of Southlake DATE ADDRESS OF PROJECT TENANT AL P6 e aT-��.r4 5PHONE NO. SIGN COMPANY A Oc' i?I(qN Co • PHONE NO. ADDRESS J�`� FT• Wo+2TH A V E / 94 U-4- / 7721 1 address city zip ILLUMINATED? YES NO (circle) ELECTRICAL CONTRACTOR TYPE OF SIGN Permanent V ATTACHED POLE MONUMENT OTHER DESCRIPTION �. li�gfJJll Temporary BANNER BALLOON MODEL HOME SPECIAL PURPOSE - CO e'/ '. OVERALL HEIGHT (attached, pole, monument) SETBACK(S) FROM R.O.W. PHONE Dimensions A,-b (t HEIGHT 1 ^1'6"WIDTH 143--7S AREA DOCUMENTS ATTACHED: Plot Plan Sign Drawing Letter From Property Owner Electric Regist tion DUAL SIGNATURE OF APPLICANT APPLICATION APPROVED BY: DATE: y' Z ( - 9 PERMIT FEE COMMENTS 125 ' e A IN DATE 4-13'9 APPLICATION FOR SIGN PERMIT City of Southlake ADD RESS OF PROJECT o�a0( �S`�<<e 61v).l TENANT AL Z e 1_20--A 5 PHONE NO. SIGN COMPANY Age, 5((qM PHONE NO. ADDRESS Sr-y�j FT. wo1z-fit-1 A V E / V4 3S t / %%2� 1 address ILLUMINATED? YES NO (circle) ELECTRICAL CONTRACTOR PHONE TYPE OF SIGN Permanent Temporary Dimensions ATTACHED BANNER 12 L HEIGHT POLE BALLOON gr()" WIDTH MONUMENT MODEL HOME ao AREA OTHER SPECIAL PURPOSE DESCRIPTION OVERALL HEIGHT (attached, pole, monument) SETBACK(S) FROM R.O.W. DOCUMENTS ATTACHED: Plot Plan tE Sign Drawing Letter From Property Owner Electri,lcrr�' Regi sycatio� SIGNATURE OF APPLICANT APPLICATION APPROVED BY: `v` DATE: q- 21 L PERMIT FEE COMMENTS N fI /D�9 L APPLICATION FOR SIGN PERMIT City of Southlake DATE 4-13-9 ADDRESS OF PROJECT L?-©� Ujr200-rM LA-�!--F_ �'t-y TENANT A L en(Z22T4,-t>r4 5 PHONE NO. SIGN COMPANY '�)IOM QQ- PHONE NO. ADDRESS !��25FT Wovzr , A V E V4U4A 721 I address city zip ILLUMINATED? YES NO (circle) ELECTRICAL CONTRACTOR TYPE OF SIGN Permanent ATTACHED POLE MONUMENT OTHER Temporary BANNER BALLOON MODEL HOME SPECIAL PURPOSE PHONE Dimensions TJHEIGHT WIDTH I92.5 AREA DESCRIPTION 5• F C4-i/1ooe, Sl(it-1 - Cc7p A LF,e2T--x-µs OVERALL HEIGHT attached pole, monument) �;-)O`6r' SETBACK(S) FROM R.O.W. DOCUMENTS ATTACHED: Plot Plan it II 10 W I ✓ Sign Drawing v Letter From Property Owner Electr 'an Re istrat n AM I $ SIGNATURE OF APPLICANT GUIMING DEPT. APPLICATION APPROVED BY: DATE: PERMIT FEE COMMENTS O /lr /f vCa �( �C' I q � " o �Pc°"S -- p��7 d/art• /D.9 00 ordinances and regulations. shall be final. SEC. 12 VARIANCES The decision of the City Council The City Council shall have the authority to permit variances to any requirements regarding number of signs, area, height, setback, or any other aspect involved in the sign permitting process. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign -ordinance. A person may request -a variance from the Sign Ordinance by filing said request with the Building Official. Any request for variance shall be accompanied by a non-refundable filing fee of $100.00 and a completed application. Any such variance applied for shall not be granted to relieve a self-created or personal hardship, nor for financial reason alone. .ARTICLE IV - GENERAL SIGN PROVISIONS SEC. 13 WIND PRESSURE AND DEAD LOAD REOUIRE14ENTS All signs shall be designed and constructed to wind pressure of not less than thirty (30) pound's SEC. 14 MAINTENANCE OF SIGNS All signs and supports shall be maintained to prevent the following defects or conditions: (a) where the structural supports or frame members are visibly bent, broken, dented, deteriorated, or torn; (b) where the portions of the finished material of the sign surface or background have flaked, broken off, missing, or otherwise not in harmony or consistency with the rest of the surface; (c) where the sign, or its elements are twisted or leaning at angles other than those at which it was originally erected; slake\sign.ord(111291) -9- /2�// OR (d) where under normal viewing conditions, the sign or its elements can no longer be clearly read by a person with normal eyesight; and (e) where the sign or its elements are not in compliance with the requirements of any building, electrical, sign, or other type code construction standards adopted by the City of Southlake. SEC. 15 GENERAL SIGN CATEGORIES AND REGULATIONS A. ATTACHED SIGN (1) Unless otherwise specifically provided, the regulations set forth in this paragraph shall be applicable to all attached signs which are allowed under this ordinance. Only one attached sign per street frontage shall be allowed on any premises, unless otherwise specifically provided in this ordinance. ' (2) Wall Height Above Grade Maximum Letter/Locro Height 0 - 25 ft. 24 inches 26 - 50 ft. 36 inches (3) AREA: One hundred (100) square feet. (4) Attached signs shall not exceed seventy five percent (75%) of the facade width -(or height, if vertical) of any building. (5) In no case shall an attached sign project above the roof line of any building, except those attached to parapet walls. B. MONUMENT SIGN (1) Unless otherwise specifically provided, the regulations set forth in this paragraph shall be applicable to all monument signs which are allowed under this ordinance. Only one monument sign per street frontage shall be allowed on any premises, unless otherwise specifically provided in this ordinance. (2) HEIGHT: Six (6) feet, including monument base, measured from ground level at base. (3) AREA: Fifty (50) square feet. (4) SETBACK: Fifteen (15) feet from property line. slake\sign.ord(111291) -10- c City of Southlake, Texas MEMORANDUM ( June 28, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Request for Amendment to Ordinance No. 480 Attached please find a letter from John Drews, Development Partner of Southlake Marketplace. In his letter, he requests that Section 22, "C-3" General Commercial District, be amended by adding a full service cleaners to the permitted uses. He further requests that the maximum floor area of such a facility be 4,000 s.f. Currently the "C-2" Local Retail Commercial District permits cleaning, dying and pressing works; laundry and washaterias" with a maximum floor area not exceeding 3,000 s.f. Mr. Drews' request is on behalf of Comet Cleaners, a future tenant in Southlake Marketplace. Should the City Council wish to consider this suggested revision, they should direct staff to advertise the proposed amendment and seek a recommendation from the Planning and Zoning Commission. Should you have questions regarding this request, please call me at extension 743. Vj KPG Drews Realty Group Commercial & Investment 41100, Real Estate June 22, 1994 Ms. Karen Gandy, Zoning Administrator - Community Development City of Southlake 667 N. Carroll Southlake, Texas 76092 Re: Comet Cleaners - Southlake Marketplace Dear Karen: EJUN 301994 ; As we discussed, there appears to be a limitation on the allowable size for cleaners in C-3 zoning that is incompatible with our lease with Comet Cleaners. Comet Cleaners is leasing 3,500 square feet as a combination laundry, "pick-up", "plant" and central office operation. Their use, layout, etc. is typical for cleaners in larger centers such as ours where adequate service drives, employee parking, etc. are built into the master design of the center. Since C-3 contemplates larger shopping center uses such as a full service cleaners such as Comet, we request that City Council amend the zoning ordinance to allow cleaners up to 4,000 square feet for C-3 zoning. This will not only satisfy our specific situation with Comet, but also allow similar uses in future larger shopping centers that might be developed on 114 and 1709. Please let me know if this request can be considered by Council, and if so, what we can do to assist in getting the change made. Sincerely, SOUTHLAKE MARKETPLACE JRD:dd cc: Ms. Suzanne Tracy - Comet Cleaners Mr. Tim Vickery QR, - a- 5440 Harvest Hill Road, Suite 150 • Dallas, Texas 75230-1605 • Telephone: (214) 490-3977 • Fax: (214) 392-1109 City of Southlake, Texas MEMORANDUM June 29, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Dangerous and Substandard Buildings Ordinance - No. 615 While working with City Attorney Betsy Elam and Code Enforcement Officer Glenda Jaynes on legal procedures for the Abatement of Dangerous Buildings, we found that our current Ordinance No. 560 does not meet all the requirements of the Texas Local Government Code, Chapter 214. Please find attached a letter of explanation from City Attorney Betsy Elam and a draft copy of Ordinance No. 615, Establishing Regulations Applicable to Dangerous and Substandard Buildings. It is requested that Ordinance No. 615 be placed on the agenda for the July 5, 1994 City Council meeting for consideration and discussion. Thank you. ii,4 m FIELDING, BARRETT & TAYLOR, L.L.P. ATTORNEYS 3400 BANK ONE TOWER 500 THROCKMORTON STREET FORT WORTH, TEXAS 76102-3821 O TELEPHONE (817) 332-2580 (800) 318-3400 FAX (817) 332-4740 ELIZABETH ELAM June 1, 1994 Mr. Curtis E. Hawk City Manager City of Southlake 667 North Carroll Avenue Southlake, TX 76092 Dear Curtis: Enclosed is a revised draft of an ordinance revising Southlake's procedures for the abatement of substandard and dangerous buildings. Please discard the draft I sent last week. Southlake's current ordinance adopts the Uniform Code for the Abatement of Dangerous Buildings, and contains detailed local amendments that complied with Chapter 214 of the Local Government Codes (the "Code") prior to the last legislative session. The last legislature amended Chapter 214 and created a confusing array of grants of authority and procedures to be following by municipalities to secure, repair, demolish, remove or vacate substandard or dangerous buildings. The procedures established by Southlake's current ordinance do not fully comply with the requirements of Chapter 214, and potentially expose the City to challenge by disgruntled property owners. As stated above, Chapter 214 of the Code presents a confusing array of grants of authority and required procedures. For example, Section 214.001 does not require a final abatement order by the governing body, but it does establish detailed procedures, including prior notice to the owner and all lienholders, and a requirement that the owner and lien holders be granted a "reasonable" time to perform the ordered work, a public hearing. Section 214.0011 grants additional authority to secure a substandard building prior to public heanIng, but requires a different set of detailed notice and hearing procedures that must be followed after the building is secured. Unlike Section 214.001, Section 214.0015 permits a municipality to repair a building that is substandard or dangerous, and assess the expenses on the land on which the building stands. However, 214.0015 only permits repair of residential structure with 10 or fewer dwelling units. Section 214.002 permits a municipality to repair, remove or demolish any structure upon a finding by the governing body that the structure is likely to endanger persons or property. Section 214.002 does not e�t�. blish or -.require the adopting specific procedures. However, under Section 214.002, the City must establish procedures for notice and hearing in order to comply with due process requirements of the State and Federal Constitutions. f:\files\muni\slake\letters\hawk032.1tr Mr. Curtis Hawk June 1, 1994 Page 2 Our current ordinance does not comply with the because the final abatement order comes from a Board Council, and our local amendments do not contain th provisions required by Section 214.001. requirements of Chapter 214 of Appeals instead of the City e detailed notice and hearing The proposed ordinance complies with all of the procedural requirements of 214.001 (with one minor exception as explained below), and gives the City Council the authority to act under Section 214.002 if the building constitutes an immediate danger. The procedures contained in the proposed ordinance may appear onerous, but in our opinion, they will provide protection in case the City's actions in demolishing a building are challenged by a property owner or lienholder. Following are some comments explaining why the ordinance is drafted as it is, and setting forth alternatives in case the Council finds the procedures too onerous: 1. Section V and VII of the ordinance provide for a public hearing and order by the City Council prior to any action by the city regarding substandard buildings. The procedures established by Sections VI, VII and VIII are required by Section 214.001 of the Code. Therefore, if the Council chooses, an appointed body can carry out these functions. 2. The required time periods for completions of the work set forth in Subsection VII(2) are required by Section 214.001 of the Code. Arguably, if the order comes from the City Council these time periods are not mandatory. However, we think their inclusion in the ordinance will make it easier to defend. 3. If the Council chooses to have another body conduct the public hearing, any repair work by the city resulting from an order of that body must be limited to residential buildings with ten (10) or fewer dwelling units. Repairs ordered by the governing body are arguably not so limited. 4. Chapter 214 permits the assessment of a civil penalty in certain circumstances. For example, a civil penalty is authorized by Section 214.0015 if a property owner fails to repair, remove or demolish a building as ordered. I did not include a civil penalty in the ordinance, but will if the Council desires. 5. Section 214.001 requires that the owner be given a reasonable time to complete the ordered work and then,if the owner does not complete the work within a reasonable time, the lien holders must be given an additional period of time to complete the work prior to any remedial action by the City. I did not include this requirement in our ordinance. If the order comes from the —4 Cifiy Council, arguably we are not required to comply with all of the procedures established by Section 214.001, since Section 214.002 appears to grant additional authority to abate dangerous buildings. If the Council f.\filcs\muni\slakc\letters\hawk032.ltr //,q 3 IN X-A Mr. Curtis Hawk June 1, 1994 Page 3 - chooses not to conduct the public hearing and the abatement order comes from a different body, we will have to provide for additional time for lien holders to make the required repairs. 6. Section XII of the ordinance permits the building official to secure a substandard building, prior to public hearing if it is unoccupied or occupied by persons who have no right to be there. Additionally, Section XII permits the City Council to order, without public hearing, the abatement of a substandard building if it constitutes an immediate danger. This section is drafted pursuant to Sections 214.0011 and 214.002 of the Code, and establishes procedures separate from those in other sections of the ordinance. I hope this has not been too confusing. Please call if I can answer any questions regarding this matter. BE:mjw cc: Glenda Jaynes f:\files\muni\slake\letters\hawlc0321tr Sincerely, Betsy Elam DRAFT ORDINANCE,-NO.(41W _ AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; 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 is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake deems it necessary to adopt this ordinance providing minimum standards to safeguard the health, property and welfare of the citizens of Southlake by regulating and controlling the use, occupancy, maintenance, repair, vacation, removal, demolition, and abatement of substandard or dangerous buildings (4w, within the City of Southlake; and WHEREAS, Chapter 214 of the Local Government Code authorizes a municipality to regulate substandard buildings and establishes procedures thereof, and WHEREAS, it is the intention of the City Council of the City of Southlake to establish minimum standards for the continued use and occupancy of all buildings regardless of the date of their destruction and to provide for the giving of proper notice to the owner of a building and to provide for a public hearing to determine whether a building complies with the standards set out in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF_SJUTHIAJM TEXAS: f:\files\muni\slake\ordinanc\dangerbld (05-31-94, DRAFT SECTION I. PURPOSE AND SCOPE (1) Purpose. It is the purpose of this Ordinance to provide a just, equitable and practical method, to be cumulative with and in addition to any other remedy provided by the Building Code, Housing Code, Chapter 214 of the Local Government Code, or otherwise available at law, whereby buildings, as defined herein, which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated, demolished, removed or secured. (2) Scope. The provisions of this Ordinance shall apply to all buildings which are hereinafter defined as dangerous or substandard buildings whether now in existence or whether they may hereafter become dangerous. SECTION H. DEFINITIONS (1) Building means and includes any building, fence, awning, canopy, sign, shed, garage, house, tent or other structure whatsoever and the enumeration of specific types of structures shall not be deemed to exclude other types of structures to which the sense and meaning of the provisions hereof in context reasonably have application. (2) Building Code is the Uniform Building Code promulgated by the International Conference of building officials, as adopted by the City of Southlake. SECTION III. (awl ENFORCEMENT (1) General. (a) Administration. The building official is hereby authorized to enforce the provisions of this Section. The building official shall have the power to render interpretations of this Ordinance and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this Ordinance. \ (b) - Inspections. The building official, code enforcement officer and the fire marshall or their designees are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this Ordinance. (c) Right of Entry. When it is necessary to make an inspection to enforce the provisions of this Ordinance, or when the building official or his --.4 designm;has a reasonable cause to believe that there exists in a building or `upon a premises a condition which is contrary to or in. violation of this Ordinance which makes the building or premises unsafe, dangerous, or Qe f-\files\muni\slake\ordinanc\danger.bld (05-31-94) 2 DRAFT hazardous, the building official or his designee may enter the building or premises at reasonable times to inspect or perform the duties imposed by this Ordinance, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official or his designee shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. (2) Abatement of Dangerous or Substandard. Buildings. All buildings or portions thereof which are determined after inspection by the building official to be dangerous or substandard as defined by this Ordinance are hereby declared to be public nuisances and shall be abated by repair, vacation, demolition, removal or securing in accordance with the procedures specified in this Ordinance. (3) Unlawful to Violate Ordinance. It shall be unlawful for any person, firm or corporation to erect, construct, or use, occupy or maintain any building or cause or permit the same to be done in violation of this Ordinance. (4) Inspection Authorized. All buildings within the scope of this Ordinance and all construction or work for which a permit is required shall be subject to inspection by the building official. SECTION IV. SUBSTANDARD BUILDINGS DECLARED For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building: (1) Any building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare. (2) Any building that, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children. if: (3) Any building that is boarded up, fenced or otherwise secured in any manner (a) The building constitutes a danger to the public even though secured from entry; or fAfiles\muni\slare\ordi... 6dangerbld (05-31-94) 3 DRAFT (b) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section IV(2) above. (4) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. (5) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (6) Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. (7) Whenever any portion thereof has been damaged by fire, earthquake, wind flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. (8) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. ,,. (9) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. (10) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. (11) Whenever the building, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. (12) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe{for the'pt�rpose for which it is being used. f.\files\muni\slake\ordinanc\danger.bld (05-31-94) 4 DRAFT (13) Whenever the exterior walls or other vertical structural members list, lean or ' buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. (14) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 or more percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings. (15) Whenever the building has been so damaged by fire, wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons. (16) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building -provided by the building regulations of this jurisdiction, as specified in the Building Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (17) Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non -supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire -resisting qualities or characteristics, or (c) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. (18) Whenever a building, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Code Enforcement Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to, the following: (a) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. (b) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. (c) Lack of, or improper kitchen sink in a dwelling unit. (d) Lack of hot and cold running water to plumbing fixtures in a hotel. —4 (e), Lack of hot and cold running water to plumbing fixtures in a `dwelling unit or lodging house. f.\files\muni\slakc\ordinanc\dangerbld (05-31-94) 5 //,4- Y DRAFT (f) Lack of adequate heating facilities. (g) Lack of, or improper operation of, required ventilating equipment. (h) Lack of minimum amounts of natural light and ventilation required by this code. (i) Room and space dimensions less than required by this code. 0) Lack of required electrical lighting. (k) Dampness of habitable rooms. (1) Infestation of insects, vermin or rodents. (m) General dilapidation or improper maintenance. (n) Lack of connection to required sewage disposal system. (o) Lack of adequate garbage and rubbish storage and removal facilities. (19) Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the (6w, fire marshal to be a fire hazard. (20) Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. (21) Whenever any portion of a building remains on a site after the demolition or destruction of the building. (22) Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (23) Any building constructed and existing in violation of any provision of the Building Code, Uniform Fire Code or any other applicable provision or law of the City of Southlake. SECTION V. DETERMINATION BY BUILDING OFFICIAL . When thq, building official has inspected or caused to be inspected any building and has found and determined that the building is substandard, the building official may take any or all of the following actions, as he or she deems appropriate: Q" f:\files\muni\slare\ordinanc\danger.bld (o5-31-94) 6 DRAFT ' (1) Issue notice to the record owner that the building is substandard and must be repaired of demolished; or (2) Issue citation(s) for violation(s) of this Ordinance; or (3) Secure the building if permitted by Subsection XII(1) below; or (4) Recommend to the City Council that abatement proceedings be commenced pursuant to Section VI below. SECTION VI. PUBLIC HEARING FOR ABATEMENT OF SUBSTANDARD BUILDINGS (1) Commencement of Proceedings. When the building official has found and determined that a building is a substandard building, the building official shall commence proceedings to cause the repair, vacation, relocation of occupants, removal, demolition or securing of the building. (2) Public Hearing to be Held. Except when the City Council finds that a building is likely to immediately endanger persons or property, a public hearing before the City Council shall be held to determine whether a building complies with the standards set out in Section IV above. If the City Council determines that the building constitutes an immediate danger, the procedures set forth in Section XII shall be followed. (3) Notice. Not less than ten (10) days prior to the date on which the hearing (awis set, the building official shall issue a notice of the public hearing directed to the record owner of the building as appears in the records of the office of County Clerk, and to all mortgagees and lienholders that can be determined from a reasonable search of instruments on file in the office of the County Clerk. The notice shall contain: (a) The name and address of the record owner; (b) The street address or legal description sufficient for identification of the premises upon which the building is located; (c) A statement that the building official has found the building to be substandard or dangerous, with a brief and concise description of the conditions found to render the building dangerous or substandard under the provisions of Section IV above. (d) A statement that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the Ordinance, and the time it will take to ----4 reasonably perform the work. (e) Notice of the time and place of the public hearing. Qe f-.\files\muni\slare\ordinanc\danger.bld (05-31-94) 7 //sir DRAFT QW (f) A statement that if the building is found to be in violation of this Ordinance, the City Council may order that the building be vacated, secured, repaired, removed or demolished within a reasonable time. (4) Additional Notice of Public Hearing. Prior to the public hearing, the City may file a copy of the notice mailed pursuant to Section IV(3) above in the official public records of real property in the county in which the property is located. If such notice is not filed of record, each identified mortgagee and lienholder must be notified of any abatement order issued by the City Council at the public hearing, prior to any remedial action by the City. (5) Burden of Proof. At the public hearing, the owner, lienholder or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with the Ordinance, and the time it will take to reasonably perform the work. (6) Conduct of Public Hearing. At the public hearing, the owner of the building, and all other interested persons may make their appearance and be heard. Any evidence may be received and considered by the City Council. The mayor, or in his absence, the mayor protem, shall preside and shall determine all questions of order. The hearing may be adjourned from day to day or continued upon a majority vote of the Council. SECTION V 1. ORDER OF CITY COUNCIL (1) Findings of City Council. If the Council, by a majority vote, finds upon evidence presented at the public hearing that the building is in violation of standards set out in Section IV, the City Council may order that the building be repaired, vacated, removed or demolished, secured, or the occupants relocated, by the owner, mortgagee or lienholder within a reasonable time as provided herein. (2) TIme Allowed to Complete Work. (a) The order must require the owner, lienholder or mortgagee of the building to within 30 days: (i) Secure the building from unauthorized entry; and/or (ii) Repair, remove or demolish the building unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days. (b) If the City Council allows the owner, lienholder or mortgagee " more tI"ii thirty (30) days to repair, remove or demolish the building, the 'City Council shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder or f.\files\muni\slake\ordinanc\danger.bld (05-31-94) 8 11'.4 iz DRAFT mortgagee to secure the property in a reasonable manner from unauthorized QW entry while the work is being performed, as determined by the City Council. (c) The City Council may not allow the owner, lienholder or mortgagee more than ninety (90) days to repair, remove or demolish the building or fully perform all work required to comply with the order unless the owner lienholder or mortgagee: (i) Submits a detailed plan and time schedule for the work at the hearing; and (ii) Establishes at the hearing that the work cannot be reasonably completed within ninety (90) days because of the scope and complexity of the work. (d) If the City Council allows the owner, lienholder or mortgagee more than ninety (90) days to complete any part of the work required to repair, remove or demolish the building, the Council shall require the owner, lienholder or mortgagee to regularly submit progress reports to the building official to demonstrate that the owner, lienholder or mortgagee has complied with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder or mortgagee appear before the Council or the building official to demonstrate compliance with the time schedules. (awl (3) Contents of order. The order of the City Council must contain at minimum: (a) An identification which is not required to be a legal description, of the building and the property on which it is located; and (b) A description of the violation of municipal standards present in the building; and (c) A description of the ordered actions, including a statement that the owner may repair, if feasible, or demolish or remove at his option; and (d) A statement that the City will vacate, secure, remove or demolish the building or relocate the occupants of the building if the ordered action is not taken within the time allowed, and charge the cost to the property; and (e) If the City Council has determined that the building will endanger persons or property, or if the building is a dwelling with 10 or fewer dwelling units, a statement that the city may repair the building and charge the costs to the ` ,yroperty f.\files\muni\slake\ordinanc\danger.bld (05-31-94) 9 //A 13 DRAFT SECTION VHL QW NOTICE OF ORDER OF CITY COUNCIL (1) Order Shall be Mailed. After the public hearing, the building official shall promptly mail, by certified mail, return receipt requested, a copy of the order to the record owner of the building, and each identified lienholder and mortgagee of the building. (2) Order Shall be bled with City Secretary. Within ten (10) days after the date that the order is issued by the City Council, the building official shall file a copy of the order in the office of the City Secretary. (3) Order Shall be Published. Within ten (10) days after the date the order is issued by the City Council, the building official shall publish in a newspaper of general circulation within the City a notice containing: (a) The street address or legal description of the property; and (b) The date the hearing was held; and (c) A brief statement indicating the results of the order; and (d) Instructions stating where a complete copy of the order may be obtained. SECTION IX. ENFORCEMENT OF THE ORDER OF CITY COUNCIL (1) If order not complied with, City may take action. If the building is not vacated, secured, repaired, removed or demolished within the time specified by the order, the City may vacate, secure, repair, remove or demolish the building or relocate the occupants at its own expense, provided however: (a) The City may not act to remove or demolish a building until after the Council has found: (i) That such defects or conditions exist to the extent that the life, health, property or safety of the public or the occupants of the building are endangered; and (ii) The building is infeasible of repair; or (iii) There is no reasonable probability that the building will be repaired within a reasonable period of time if additional time is given. (b), The city may only repair a building as provided herein to the extent ``necessary to correct the conditions which render the building dangerous, and may not act to repair a building unless: f.\files\muni\slake\ordinanc\danger.bld (05-31-94) 10 DRAFT (i) The Council has made a determination that the building is likely to endanger person or property; or (ii) The building is a residential dwelling with ten (10) or fewer dwelling units. (2) Posting of Notice to Vacate Building. If the order requires vacation or if compliance is not had with the order within the time specified therein, the building official is authorized to require that the building be vacated. Notice to vacate shall be mailed by certified mail, return receipt requested to the occupant of the building and it shall be posted at or upon each entrance to the building and shall be in substantially the following form: "SUBSTANDARD BUILDING DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building or to remove or deface this notice. Building Official City of Southlake" (3) Remedial Action by City. Any repair or demolition work, or securing of the building shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided. Any surplus realized from the sale of such building, or from the demolition thereof, over and above the cost of demolition and cleaning of the lot, shall be paid over to the person or persons lawfully entitled thereto. (4) Failure to Obey Order. Any person to whom an order pursuant to Section VII is directed who fails, neglects or refuses to comply with such order shall be guilty of a misdemeanor and may be prosecuted in municipal court in addition to any other remgdies available to the City provided herein. (5) Interference Prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City or with any person who owns or holds any estate or interest in the building which has been ordered repaired, vacated, demolished, removed or secured under the provisions of this Ordinance; or with any person to whom such building has been lawfully sold pursuant to the provisions of this Ordinance, whenever such officer, employee, contractor or authorized representative of :the4City, person having an interest or estate in such building, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing, removing or securing any such building pursuant to the provision of this Ordinance, or in performing any necessary f:\files\muni\slake\ordinanc\danger.bld (05-31-94) 11 DRAFT act preliminary to or incidental to such work or authorized or directed pursuant to this Ordinance. (6) Permit Required. Any work of closure, repair, removal or demolition by the property owner or any lienholder or mortgagee or their agents must be performed pursuant to valid unexpired permits issued by the City. All permits issued pursuant to an order of the City Council shall expire upon expiration of the time for compliance set forth in the order. SECTION X. PERFORMANCE OF WORK BY THE CITY (1) Procedure. When any work of repair, removal, demolition or securing is to be performed by the City pursuant to the provisions of any order of the City Council, the work may be accomplished by City personnel or by private contract as may be. deemed necessary. Rubble and debris shall be removed from any premises and the lot cleaned if removal or demolition is ordered. The building or building materials may be sold if removal or demolition is ordered, and the proceeds shall be used to offset other costs of the work. (2) Costs. The cost of such work shall be paid from City funds and shall constitute a special assessment and a lien against such property to secure payment thereof, together with ten percent (10%) interest on such amount on the date from the work is performed. (3) Repair to Minimum Standards Only. The its own expense and assess the expenses on the land on attached to only to the extent necessary to bring the minimum standards; and City may repair the building at which the building stands or is building into compliance with SECTION XI. RECOVERY OF COST OF SECURING, REPAIR, REMOVAL OR DEMOLITION (1) Itemized Account and Notice of Lien. The building official shall keep an itemized account of the expenses incurred by the City in the closure, repair, removal or demolition of any building pursuant to this Ordinance. Upon completion of the work, the Building Official shall prepare and file with the City Secretary a sworn account and Notice of Lien containing the following information: (a) The name and address of the owner if that information can be determined with a reasonable effort; (b) A legal description of the real property on which the building --.4is or was located; (c) The type of work performed; and f.\files\muni\slake\ordinanc\danger.bld (05-31-94) 12 //,4-/4!�' DRAFT y (d) The amount of expenses incurred by the municipality in performing the work and the balance due. (2) Notice Filed in County Records. The City Secretary shall file the Notice of Lien along with a copy of the order of abatement issued by the City Council in the deed records of the county in which the premises are located. (3) Personal Obligation of Property Owner. The expenses incurred by the City as set forth in the sworn account of the building official shall be a personal obligation of the property owner in addition to a priority lien upon the property. The City Attorney may bring an action in any court of proper jurisdiction against the owner or property to recover the costs incurred by the City. (4) Lien Shall be Valid and Privileged. Upon filing of the Notice of Lien in the Deed Records of Tarrant County, Texas, the lien shall be valid against the property so assessed. The lien shall be privileged and subordinate only to tax liens, existing special assessment liens, and previously recorded bona fide mortgage liens attached to the same property, and shall be paramount to all other liens. The lien shall continue until the assessment and all interest due and payable thereon has been paid. (5) Assessment Must be Paid. No utility service, building permit or certificate of occupancy shall be allowed on any such property until the assessment is paid and such lien is released by the City. (6) Release of Lien. After the expenses incurred by the City, as set forth in the sworn account of the building official, have been fully paid with interest of ten percent (10%) per annum from the date the work was performed, the building official shall execute a release of lien which shall be filed in the Deed Records of Tarrant County, Texas. SECTION XII. ADDITIONAL AUTHORITY TO SECURE CERTAIN SUBSTANDARD BUILDINGS PRIOR TO PUBLIC HEARING AND SECURE, DEMOLISH, REPAIR OR REMOVE CERTAIN DANGEROUS BUILDINGS (1) Securing of Unoccupied, Substandard Building. Notwithstanding any other prm4sions of this Ordinance the City may secure a building if the building official determines: (a) That the building violates the minimum standards set forth in Section IV above; and (b) That the building is unoccupied or is occupied only by persons who do not have the right of possession to the building. f.\files\muni\slake\ordinanc\danger.bld (05-31-94) 13 //,4-17 DRAFT (2) If Building Creates Immediate Danger. Notwithstanding any other provisions ' of this Ordinance, if the City Council finds that a building is likely to immediately endanger persons or property the City may: (a) Order the owner of the building, the owner's agent, or the owner or occupant of the property on which the structure is located to repair, remove, or demolish the structure, or the dangerous part of the structure, within a specified time; or (b) Repair, remove, or demolish the structure, or the dangerous part of the structure, at the expense of the municipality, on behalf of the owner of the structure or the owner of the property on which the structure is located, and assess the repair, removal, or demolition expenses on the property on which the structure was located. (3) Before the eleventh (11th) day after the date the building is secured pursuant to Subsection XII(1) above, or action is ordered pursuant to Subsection XII(2)(a) above, or the building is repaired, removed or demolished pursuant to Subsection XII(2)(b) above, the building official shall give notice to the owner by: (a) Personally serving the owner with written notice; or (b) Depositing the notice in the United States mail addressed to the owner at the owner's post office address; or (c) Publishing the notice at least twice within a ten (10) day period in a newspaper of general circulation in the county in which the building is located, if personal service cannot be obtained and the owner's post office address is unknown; or (d) Posting the notice on or near the front door of the building if personal service cannot be obtained and the owner's post office address is unknown; and (e) In addition to the above, depositing notice in the United States mail to all lienholders and mortgagees who can be determined from a reasonable search of instruments on file in the office of the County Clerk. (4) The notice must contain: (a) An identification, which is not required to be a legal description, of the building and the property on which it is located; (b) A description of the violation of the municipal standards -- present=at the building; f.\files\muni\slake\ordinanc\danger.bld (05-31-94) 14 //, 4 /p DRAFT (c) A statement that the city will secure or has secured, as the case may be, the building, or that the City has taken or will take the action ordered pursuant to Subsection XII(2) above; (d) An explanation of the owner's entitlement to request a hearing about any matter relating to the City's securing, removing, demolishing or repairing of the building. (5) The City Council shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the City's securing, repairing, removing or demolishing of the building, if, within thirty (30) days after the date the City has taken action pursuant to Subsections XII(1) or (2) above, the owner files with the City a written request for the hearing. The hearing shall be conducted within twenty (20) days after the date the request is filed. (6) If the City incurs expenses under this Subsection, such expenses incurred shall be a personal obligation of the property owner in addition to a priority lien. upon the property, and costs shall be recovered as provided by Section X of this Section. (7) It shall be unlawful to fail to comply with an order issued pursuant to this Section. SECTION XIII. 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 XIV. 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 f:\files\muni\slare\ordinanc\danger.bld (05-31-94) 15 IZ4 /f DRAFT City Council without the incorporation in this ordinance of any such unconstitutional (Swe phrase, clause, sentence, paragraph or section. SECTION XV. 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 XVI. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 560 or any other ordinances affecting the abatement of dangerous or substandard buildings 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 XVII. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION XVIII. The City Secretary of the City of Southlake is hereby directed to publish the propewd ordirtal,ce 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 f.\files\muni\slake\ordinanc\danger.bld (05-31-94) 16 //,4 -,2o of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for an violation of an of its provisions, then the i Secretary shall additional) Y Y P � City rY Y publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION IXX. 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: Qe CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: f.\files\muni\slake\ordinanc\danger.bld (05-31-94) 17 N FIELDING, BARRETT & TAYLOR, L.L.P. ATTORNEYS 3400 BANK ONE TOWER 500 THROCKMORTON STREET FORT WORTH, TEXAS 76102-3821 TELEPHONE (817) 332-2580 (800) 318-3400 FAX (817) 332-4740 111:4 4114s 0MCI May 26, 1994 Mr. Curtis Hawk City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Re: Customer Service Standards Ordinance Dear Mr. Hawk: MAY 31M OFFICE OF CITY, i Legal Assistant Enclosed for your review and comments is a draft customer service standards ordinance. The city has already adopted the ordinance prescribing regulations for rates charged by the cable system. The enclosed draft ordinance deals only with customer service. It is based on the customer service standards implemented in the Cable Television Consumer Protection and Competition Act of 1992. This ordinance outlines the customer service standards and provides for enforcement and penalties for violation. The FCC is assigning the responsibility of enforcing the customer service standards to the city. The FCC will not assume this responsibility under any circumstances. Please review this ordinance to determine if the City of Southlake wishes to include any additional standards. I am enclosing a copy of a previous letter that outlines the regulation of customer service standards for cable television. If you have any questions, please do not hesitate to call. TH:ty citymrg.ltr Sincere Terri Hale Legal Assistant to Analeslie Muncy Ile July 6, 1993 Mr. Curtis Hawk City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 RE: Regulation of Customer Service Standards for Cable Television Dear Curtis: Last month I wrote you concerning the implementation of the regulation of cable television rates under the Cable Act of 1992. We now have some breathing time on that issue since the FCC has delayed implementation until October 1, 1993. But there is no rest for the weary. You should use this time to consider whether the city wants to be involved in the regulation of customer service standards. FCC Established standards The Act authorizes the regulation of certain customer service matters, and the FCC has established standards for these matters and authorized their enforcement by cities. A summary of the standards is attached to this letter. The FCC regulations provide, however, that city enforcement is not automatic. A city must take the initiative if it desires to enforce the standards. City Must Initiate Enforcement Although the standards became effective July 1, 1993, the city must notify the cable company by certified mail that it intends to implement enforcement. The company then has 90 days to phase in the standards before the city may take any action. The enforcement mechanism is left to the city. The regulations allow a city to unilaterally amend its franchise, or to adopt a separate ordinance setting out enforcement methods. These may include ordering credits or refunds or imposing penalties. Also, some reporting may be required by the city for monitoring purposes. //e- z. city Franchise May contain More stringent Standards The FCC regulations make it very clear that the FCC standards do not preempt more stringent standards in a city franchise. On the other hand, any prohibition on regulation of customer service standards found in a franchise is preempted by the FCC regulations. If a city wants to impose more stringent standards and they are not currently in the franchise, they may be implemented only with the consent of the cable company or at the next franchise renewal process. Steps to Be Taken If the city does not enforce the customer service regulations, they will not be enforced, because the FCC is not assuming this responsibility under any circumstances. If the city decides to enforce the customer service regulations, the city would need to take the following steps: (1) notify the cable company of the intent to enforce customer service standards; (2) develop and adopt an enforcement mechanism (the city may already have this in its franchise); and (3) designate a city employee to receive citizen complaints and communicate with the cable company. The city may give the notice to the cable company at anytime, but actual enforcement may not begin until after 90 days from the date of the notice. A form for notification is enclosed for your use. If you have any questions or want assistance in developing enforcement mechanisms, please give me a call. AM/ds Enclosure slake\cable.ltl Ile -3 Sincerely, Analeslie Muncy ORDINANCE NO. her AN ORDINANCE OF THE CITY OF SOUTHLAKE ADOPTING REGULATIONS FOR CUSTOMER SERVICE STANDARDS FOR CABLE TELEVISION OPERATORS; PROVIDING FOR ENFORCEMENT; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Federal Communications Commission has issued rules pursuant to the Cable Television Consumer Protection and Competition Act of 1992, Pub.L. No. 102- 385 (1992), implementing the regulation of customer service standards for cable television operators; and WHEREAS, these regulations allocate the enforcement of customer service standards to local governments; and WHEREAS, the city has given notice to the city's cable operators that it intends to enforce customer service standards pursuant to the rules of the Federal Communications Commission, 29 CFR Part 825; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1. DEFINITIONS. In this ordinance: CABLE OPERATOR means any person or group of persons: (A) who provides cable service over a cable system directly or through one or more affiliates that own a significant interest in the cable system; or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system. NORMAL BUSINESS HOURS means those hours during which most similar businesses in the community are open to serve customers. "Normal business hours" must include some evening hours at least one night per week and some weekend hours. NORMAL OPERATING CONDITIONS means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. fAfilcs\muni\.clake\cable\custscrv.ord 1 //e— �e, Those which are ordinarily within the control of the cable operator include, but are not (Me limited to, special promotions, pay -per -view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system. SERVICE INTERRUPTION means the loss of picture or sound on one or more cable television channels. STANDARD INSTALLATION means the installation of cable service at a location that is no more than 125 feet from the existing distribution system. SECTION 2. REGULATION OF CUSTOMER SERVICE STANDARDS. Pursuant to the Cable Television Consumer Protection and Competition Act of 1992 and its implementing regulations, the city has given written notice to cable operators, by certified mail, return receipt requested, that the city intends to enforce customer service standards. Ninety days following the cable operator's receipt of this notice, the cable operator is subject to the provisions of this ordinance and its enforcement. SECTION 3. OFFICE HOURS AND TELEPHONE AVAILABILITY. (a) Access line. A cable operator shall maintain a local, toll -free, or collect call telephone access line which is available to its subscribers 24 hours a day, seven days a week. (1) Trained representatives of the cable operator shall be available to respond to customer telephone inquiries during normal business hours. (2) After normal business hours, the access line may be answered by an answering service or an automated response system, including an answering machine. (3) Inquiries received after normal business hours must be responded to by a trained representative of the cable operator on the next business day. (b) Telephone response time. Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed 30 seconds after the connection is made. (1) If the call needs to be transferred, transfer time shall not exceed 30 seconds. (2) Under normal operating conditions, a cable operator shall meet these answering and transfer standards no less than 90 percent of the time, measured quarterly. (3) The cable operator shall maintain sufficient telephone capability so that under normal operating conditions, callers receive a busy signal less than three percent of the time. (4) A cable operator is not required to acquire equipment or perform surveys to measure compliance with these telephone answering standards unless the record of complaints indicates a clear failure to comply. fAfiles\muni\slake\cable\custeerv.ord 2 Ile (c) Office availability. Customer service and bill payment locations shall be open at least during normal business hours and must be conveniently located. SECTION 4. INSTALLATIONS, OUTAGES, AND SERVICE CALLS. Under normal operating conditions, a cable operator shall meet each of the following standards 95 percent of the time, measured quarterly: (1) Installations. The cable operator shall complete standard installations within seven business days after an order has been placed. (2) Service problems. A cable operator shall: (i) except for conditions beyond the control of the cable operator, begin working on service interruptions promptly, but no later than 24 hours after the interruption becomes known to the cable operator; (ii) begin actions to correct other service problems the next business day after notification of the service problem. (3) Appointments. (i) When a cable operator makes an appointment with a customer for installation, service calls, or other installation activities, the appointment must be for a specific time or, at maximum, within a four-hour time block during normal business kw hours. (Appointments may be scheduled outside of normal business hours for the express convenience of the customer.) (ii) A cable operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. (iii) If a cable operator representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the cable operator shall notify the customer and reschedule the appointment to a time that is convenient for the customer. SECTION 5. COMMUNICATIONS WITH SUBSCRIBERS. (a) Notifications to subscribers. (1) A cable operator shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request: (i) products and services offered; (ii) prices and options for programming services and conditions of subscription to programming and other services; fAfiles\muni\slake\cable\custserv.ord 3 /lam- 6 (iii) installation and service maintenance policies; (iv) instructions on how to use the cable service; (v) channel positions of programming carried on the system; and (vi) billing and complaint procedures, including the address and telephone number of the city's cable office. (2) A cable operator shall notify subscribers of a change in rates, programming services, or channel positions as soon as possible through announcements on the cable system and in writing. (i) Notice of these changes shall be given to subscribers not less than 30 days before the changes take effect unless the change is not within the control of the cable operator. In this case the cable operator shall give the notice as soon as the information is received. (ii) A cable operator shall notify subscribers 30 days before any significant change is made in the information required in Paragraph (a)(1). (b) Billing. (1) A cable operator shall prepare subscriber bills: (i) so that they are clear, concise, and understandable; and (ii) with charges fully itemized, including, but not limited to, basic and premium service charges and equipment charges. (2) In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within 30 days. (c) Refunds. A cable operator shall issue refund checks promptly, but no later than either: 11 (1) the subscriber's next billing cycle following resolution of the request or 30 days, whichever is earlier, or (2) the return of the equipment supplied by the cable operator if service is terminated. (d) Credits. A cable operator shall issue credits for service no latter than the subscriber's next billing cycle following the determination that a credit is warranted. SECTION 6. ENFORCEMENT. (a) Notice of violation; failure to respond; civil penalty. If a cable operator violates this ordinance, the City Manager shall send written notice by certified mail, return receipt requested, to the cable operator, specifying the facts supporting the city's claim of fAfiles\muni\slake\cable\custserv.ord 4 //e-7 violation. If the cable operator fails to respond to the notice in writing within 15 days of receiving the notice, the city council may, upon proper posting on the city council's agenda, (W impose a civil penalty against the cable operator of $100 per day for each day after the 15th day that the cable operator fails to provide its written response to the city's notice. (b) Response. If, in its response, the cable operator acknowledges the violation alleged by the city, the cable operator shall have 30 days from the receipt of notice to correct the violation. If, in its response, the cable operator disputes the city's allegation of violation, the city council shall set a time for a public hearing on the matter and send the cable operator written notice of the hearing, by certified mail, return receipt requested. (c) Public hearing; decision; appeal. The hearing must occur at least 10 days after receipt of the notice by the cable operator. At the public hearing, the city and the cable operator may present relevant evidence concerning the alleged violation. If the city council determines that a violation has occurred, the city council shall issue an order prescribing how the violation is to be corrected and imposing civil penalties, if warranted. The cable operator has 30 days from receipt of the order to comply or begin compliance with the order or appeal the order to the Federal Communications Commission. (d) City council order. The city council may, by its order, impose civil penalties up to $500 per day, require refunds to subscribers if determined appropriate, require the cable operator to install monitoring equipment or conduct surveys to measure compliance with telephone response and service standards, and order specific actions by the cable operator to correct violations of this ordinance. SECTION 7. CUMULATIVE CLAUSE 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 8. SEVERABILM 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 is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, that unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections (W of this ordinance, since the remainder would have been enacted by the city council without f:\files\muni\slakc\cable\custserv.ord 5 Ile -s the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, (W paragraph or section. SECTION 9. PUBLICATION 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 10 days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine 'or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty, and in the official City newspaper one time within 10 days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. PUBLICATION IN PAMPHLET FORM The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 11. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING THIS DAY OF , 1994. MAYOR ATTEST: CITY SECRETARY fAfiles\muni\slake\cable\custserv.ord 6 /lam -� PASSED AND APPROVED ON SECOND READING THIS DAY OF (W � 1994. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: fAfiles\muni\stake\cable\custserv.ord 7 Me —/-o City of Southlake, Texas . CITY Mq qG R 7 � June 30, 1994 TO: Curtis E. Hawk, City Manager FROM: Robert R. Whitehead, Director of Public Works SUBJECT: Roadway Realignment In connection with the redesign of White Chapel Boulevard and Dove Road we have asked the consultants to analyze several intersections and alignments along the routes. White Chad and HigWand - This intersection has a problem in sight distance especially when attempting to turn onto White Chapel from Highland. In addition, Highland is not continuous across White Chapel, but has a "jog." We have asked the consultant to develop several alternatives to realign Highland and to eliminate the sight distance problem on White Chapel. White Chapel Curves - South of 1709 on White Chapel there are several curves that present a potential problem for site distances and vehicular safety. The consultant has identified those areas and the ROW requirements to realign this portion of the street. White Chapel mi Dove - This intersection is characterized by a jog in the alignment of Dove as it crosses White Chapel. 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