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1994-10-04 CC Packetn City of Southlake, Texas MEMORANDUM September 30, 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 October 4, 1994 1. Note: Agenda Item No. 7A, the 2nd reading of Ordinance No. 480-144 (ZA 94-88), the rezoning and development plan for Coventry, will be held at the C.I.S.D. High School cafeteria at approximately 7:20 p.m. We have heard rumors that much of the opposition to Coventry, including the organized speakers from last meeting, has decided to support the development as changed. However, we have also heard that many people still want to speak to City Council. Given the logistics, it would be difficult to wait until the meeting night to decide whether to move the meeting. Therefore, we decided to have the meeting at the high school for the Coventry item only. 2. Agenda Item No 5A. Agreement for Services with G.R.A.C.E. The proposed agreement will extend our existing agreement for twelve months and increase our contribution from $5,000 to $7,500 as approved with the adoption of the FY 94-95 Annual Budget. 3. Agenda Item No 5B Letter of Agreement with Ralph and Linda Evans, will provide the City with a temporary easement to construct a drainage channel to handle the storm water from the Bicentennial Park Expansion Project. In exchange for this, the City will • allow the Evanses to graze livestock on the property the City purchased from the Trueloves until such time as the property is used for Bicentennial Park development. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest . September 30, 1994 Page 2 The City will be able to use the excavated soil from the channel for park purposes and in turn will fence the property along the west line of the park. This is in keeping with our agreement with the Evanses when we originally purchased the property. The additional fencing (over and above our original purchase contract) under this agreement will be from the property line between the Evans' tract and the former Truelove tract, to the F.M. 1709 R.O.W. 4. Agenda Item No. 5C. The professional services contract with Cheatham and Associates is to design Section H of the S-2 sewer line (north of F.M. 1709). This project is provided for in the FY 94-95 Annual Budget and is to be funded through sewer impact fees. 5. Agenda Item No 5D A Request by the Nelson Corporation to extend the preliminary plat of Country Walk until October 4, 1995. This will be the second extension of the plat. Nelson Corporation is in the process of preparing a final plat for submittal. FYI the warranty deed for the 5.6896 acre tract park dedication next to Carroll Elemental is in our possession and has been filed with the County deed records. 6. Agenda Item No 5E A request to authorize execution of a professional services contract to prepare a City-wide Trail Master Plan. Recall this is the item (trails) raised during the City Council/SPIN Standing Committee meeting Thursday night, September 29. The interview team reviewing the proposals recommended Newman, Jackson, Bieberstein, with a fee schedule of $19,975. This is within our budget estimate of $20,000. . 7. Agenda Item No 5F Award of bid for Traffic Signal at intersections of Kimball and F.M. 1709 and Kimball and S.H. 114. The recommended low bid is $99,196 by Traffic Signals, Inc. This is less than the estimated cost of $107,000 previously given to City Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 30, 1994 Page 3 Council. The memo on pg. 5F-3 of your packet indicates the estimated breakdown prior to the bid opening. The City's share of the project is $64,618.75--half the cost of the signal at F.M. 1709 ($34,577.25), plus the full cost of the signal at S.H. 114 ($30,041.50). Wal-Mart has committed to the other half of the cost for the signal at F.M. 1709 ($34,577.25). 8. Agenda Item No. 7A. 2nd Reading, Ordinance No. 480-144 (ZA 94-88). Rezoning and development plan for Coventry. The applicant has revised the plan to reflect the one acre lots adjacent to the existing large residential tracts as proposed at the last meeting. Applicant proposes 21 lots of one acre or larger, 37 lots of 30,000 s.f. to one acre in size, and the remaining lots 20,000 to 30,000 s.f. The average lot size is approximately 32,400 s.f. The gross density is 0.97 dwelling units per acre which meets the land use plan designation of low density. It is our understanding that Mr. McMahan is continuing to meet with those who are opposed to the development. Staff has not received any withdrawals of opposition so the matter still requires a super -majority vote for approval by Council. . 9. Agenda Item No 7B 2nd Reading Ordinance No. 480-133 (ZA 94-96). This item is a zoning change request from AG to SF-30. There is a related item concerning sewer which has broad implications which we will discuss in executive session. The sewer issue should not affect the zoning, so the item can be considered prior to the executive session discussion. The request for a variance from ZBA to allow for a septic system on less than a one -acre lot was tabled at last night's meeting due to the late time. It will be considered by ZBA at their next meeting in two weeks. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 30, 1994 Page 4 10. Agenda Item No. 7C. 2nd Reading, Ordinance No. 480-148 (ZA 94-102). Rezoning of 6.002 acres from AG to SF-1. There have been no changes in this request since City Council approval of the 1st reading. 11. Agenda Item No 7D 2nd Reading Ordinance No. 609, Lone Star Gas Rate Change. This item originally came before City Council on June 7, 1994. The request called for an estimated $1,952 total increase in the annul revenue from Southlake, estimated at $0.67 per month additional for each residential customer of Lone Star Gas. Lone Star's last increase in Southlake occurred in February 1989. Staff outlined City Council's options: 1) Approve or deny by ordinance --denying would give Lone Star Gas right to appeal to Texas Railroad Commission; 2) Suspend rates by resolution for 90 days to give staff time to study the request; 3) Defer to Railroad Commission. Staff suggested the minimal impact probably did not warrant suspension, that either of the other options would be appropriate. City Council, at request of Lone Star, suspended the rates for 90 days. On August 16, City Council voted to deny the rate increase request. The 90 day suspension would have been up September 14 so the rates would be deemed approved if not acted upon by' City Council on second reading by September 6, according to state statute. On September 6, Lone Star Gas requested City Council grant a 35-day extension to the rate request, which City Council granted. The request was made to give Lone Star an opportunity to reach a negotiated settlement with the Lone Star Gas Distribution Cities. We received the fax from the City of Arlington at almost 3:00 this afternoon, so we have not had time to review. We will finish our review and report to City Council Tuesday night. As I understand the statute, City Council effectively no longer has a real option in this matter. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 30, 1994 Page 5 12. Agenda Items No. 8A & 8B. 1st Reading, Ordinance No. 480-149 (ZA 94-104) and Plat Showing, ZA 94-105. Rezoning from SF-1 to RE. The property was rezoned in 1987 from AG to SF-1 by the owners at the time (Mike Davis and Doug Martin) in the current tract configuration. The applicant is proposing the change in zoning due to more flexibility in the accessory buildings allowed on site. They are also requesting to plat the .property (ZA 94-105) which would then require that adjacent properties provide a minimum lot size of 30,000 s.f. if developed. The significant issue with these items is the required lot width (300') for a lot in RE zoning. The panhandle access to White Chapel is approximately 60' in width. The request for a variance to the lot width is scheduled for ZBA hearing on October 13, which will be after the City Council meeting. The City Council could approve the plat subject to the review comments. If the lot width variance is approved, the plat could then be filed. If the variance is denied by ZBA, the plat, though approved, could not be filed of record. 13. Agenda Item No. 8C. 1st Reading, Ordinance No. 480-151 (ZA 94-113). Rezoning request from CS to 0-1 the former Pleasant Hill Advent Christian Church site on north side of F.M. 1709. This site is on top of the hill north of F.M. 1709, east of White Chapel. Some residents of Diamond Estates have expressed concern that the proposed building will look down on their properties, into their backyards. The P&Z Commission discussed the pending corridor study, the adjacent residential uses, and the fact that the site fronts on F.M. 1709. They concluded that 0-1 would be the least offensive 'reasonable use given the various surrounding uses and therefore recommended approval 4-2. Dissenting votes preferred a site plan approach. City Council has previously decided not to consider rezoning requests on F.M. 1709 (e.g. the tract across from Wal-Mart on F.M. 1709) until the Corridor Study is Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 30, 1994 Page 6 completed. However, due to the circumstances, an argument can be made that this tract is not situated similar to the other property, and thus it would not be inconsistent to act on the matter before you at this time. 14. Agenda Item No. 8D. ZA 94-114. Plat Showing on south side of Crooked Lane, east of South Kimball Ave.. Lots 1 and 2 of Easter Addition. Note the staff comments on the memo in your packet. The owners of the west tract currently own less than one acre and intend to acquire additional square footage from the adjacent property owner so that their lot will have the necessary area to meet the one -acre minimum for SF-1A. The only significant issue with this plat is the requirement for the aviaation easement since the property is situated in the airport overlay zone. The City attorney has been working with the D/FW attorney to draft a mutually agreeable instrument. We will make every effort to have this resolved by the meeting, but if we do not, City Council could still approve the plat subject to the letter, if the applicant agrees to the granting of the new easement. 15. Agenda Item No 9A Resolution No. 94-46 establishing fee schedules for FY 94-95. The key changes are outlined in the cover memo from Director of Finance Lou Ann Heath. In the resolution, changes are indicated through highlighting and strikeout. Note the parkland dedication raw acreage cost, item II 29 (pg. 9A-4) remains at $25,000 per acre. Using TAD average data as our guide, we could not justify a change. 16. Aizenda Item No 10A A request by Blockbuster Video for a variance in the si&n ordinance requirements. Note the staff recommendations set out in the memo from Public Works Director Bob Whitehead. 17. Agenda Item No 10B Appointing Charter Review Committee members. We are running out of time if you are going to consider appointing a committee to review the laced before the voters in January. need for Charter Amendments to be p Given the comments we have received in almost every meeting I have attended in the last six r Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 30, 1994 Page 7 months concerning the length of Council meetings, etc., etc., we really need to look at the requirements for when ordinances can be consider by City Council if no other issue is considered. As I mentioned previously with City Council, it would be appropriate for the committee to include the following "types" of members: • 3 holdovers from the previous Charter Review Committee (perhaps Betty Springer, Brad Bradley, etc.) C� • 3 newcomers (since the Charter was approved) to Southlake, but who have an interest in being involved(probably from SPIN, e.g., Carolyn Hobbs, Robin Jones, etc.) • 3 members (one each) from the major Boards and Commissions (e.g., Ernest Johnson (P&Z), Bethann Scratchard (P&R), etc.). These names are not necessarily who I would recommend to you exclusively; there are others I could name and who you know who would also be qualified. These names come to mind as the kind of folks who would do well in this capacity. I would however urge you to appoint Brad Bradley as a member and as the chairman of the committee since he chaired the original Charter Commission. 18. Agenda Item No. 10C. Appointments to the CGS Teen Court Advisory Board. The City of Southlake is I believe the last to appoint members to the Board. The C.I.S.D. appointed Buddy Luce and Annette Skupin, who were also the District's appointments to our Teen Court Advisory Board as previously constituted. I have spoken with Councilmembe Wambsganss concerning his willingness to serve on the CGS Board as one of our appointments, and he indicated he would let you know Tuesday night. He and I both recommend tha Cathy Turner be our other appointee. 19. Agenda Item No 10D The Bicentennial Park Expansion Project bids for construction were opened todgy and are currently under review by staff. We hope to have a Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 30, 1994 (4hw Page 8 recommendation to you by Tuesday evening. If not, we will defer the recommendation until the following meeting. 20. Agenda Item No. 11A.Request to amend Zoning Ordinance to allow for a full service car wash is being brought forth at the request of Thomas McClendon. Included in your packet is the request from Mr. McClendon and a memo to him from Zoning Administrator Karen Gandy outlining the process. We have placed this item on the agenda as a discussion item to give you the opportunity to direct staff in this matter. OTHER ITEMS OF INTEREST 21. Southlake Youth Advisory Commission (SYAC) Update - Judge Bradley has received applications from almost 40 students interested in serving on SYAC. An orientation and information session with the applicants is scheduled for 7:00 p.m., Tuesday, October 11, in the Council Chamber. Student representatives will be chosen by school committees later in October. 22. Students Promoting Alternative Resolutions to Conflict (SPARC), i.e., peer mediation, orientation sessions have been held at the high school and are scheduled to begin soon at the middle, intermediate, and grade schools. A survey will be given to randomly selected classes in the next few weeks to determine the general attitudes of the students regarding grades, conduct in school, and personal tendencies towards conflict resolution. The survey will be given again at the end of the school year to help gauge the impact of the peer mediation program. Wednesday and Thursday, a committee comprised of the adult advisors will interview the 32 high school students interested in becoming mediators. As a member of the high school advisory committee, I will participate in the interviews. 23. Shady Oaks School - CISD should be coming forward with their developers agreement soon, probably for the October 18 or November 1 Council meeting. Earthwork has OR Uq A Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 30, 1994 Page 9 begun on -site, including construction of the berm for the retention pond. Site preparation does not require that the developer's agreement be approved, however any further construction work must wait until after approval of the agreement. We also anticipate coming to City Council at the October 18 meeting for award of bid for the water main which will serve the new school site. 24. Public Works Update: The following is the latest status/estimate of work on street projects. Peytonville - GTE should be finished with their work within the next two weeks. The county is planning to begin drainage work in about a week. Paving should begin in November. Carroll - Sunmount Corp. is scheduled to begin work on Monday, October 3, between Dove Creek and S.H. 114. Estimated duration of work is 4-6 weeks. Kimball extension - No start date on street construction has been established yet. We are working with the contractor to try and begin next week. Dove Road - Under design; work should begin by January 1995. White Chapel - Under design; anticipate coming to Council October 18 for authorization to request bids. Construction should begin by January 1995. S. Kimball at 1709 - Estimate work completion in two weeks. 25. FYI, I met earlier this week with Charlie Fechtel concerning use of his property south of City Hall for employee parking. If we can find adequate space for parking, we would then be able to place additional modular buildings elsewhere on the current site. Our need for office space will continue to grow in the next three years. It is critical as we bring on new personnel to deal with service demands, but we can get by this year as is. 26. REMINDER: TML is scheduled for October 26-29 in Austin. Let Sandy, Kim, or Linda know, if you haven't already, whether or not you plan to attend. Let me know if you have questions. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 30, 1994 Page 10 27. The Corridor Study Public Hearing is scheduled for Monday, October 17, at the Carroll High School cafeteria. We will have the temporary public address system set up for this meeting. This is the same system we used for the September 20 Council meeting at Johnson elementary and will use for the October 4 meeting at CHS cafeteria. A notice of the meeting was placed on the current month's water bills, which went out today. Also, attached you will find a memo from Greg Last with the "List of Principles" that are to be discussed at the public hearing. FYI, also calendar a Sign Ordinance Work Session with P&Z at City Hall Council Chamber 7:00 - 9:00 p.m., Wednesday, October 12. I believe several Councilmembers will attend. 28. At the SPIN meeting last night, one issue that was mentioned concerned the slow response of our code enforcement officer to complaints of code violations. As you are aware, we were without a code enforcement officer for quite a long period of time. We have had a full-time code enforcement officer only since March. In addition to trying to work off the backlog of the previous years, the lone code enforcement officer is responsible for 23 square miles of city. We are attempting to address problems as they arise, but there are circumstances where we are not able to respond. as quickly as we would like to. We necessarily prioritize complaints, but we still try to address all complaints. 29. Resignation letter by Larry Goldstein from the SPDC. Attached hereto is a letter from Mr. Goldstein concerning his difficulty in serving on the Board due to scheduling conflicts.. We have had several special called meetings in addition to the regularly scheduled meetings, due to a number of issues. It is difficult to schedule these meetings where everyone can attend, however, most of the members have been able to make most of the meeting. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 30, 1994 Page 11 30. After 5:00 p.m. todgy. we received the year-end numbers for our single-family residential permits for the fiscal year. As you can tell from the attachments, we finished FY 93-94 with 629 permits. (We estimated the budget based upon 610.) Note that in September, just completed, we had 72 permits -our highest ever. We believe the sudden surge at the end was due in part to the pending increase in the permit fees for FY 94-95 which begins Monday. 31. Budget Award. Congratulations are in order to Finance Director Lou Ann Heath. We received notification from the Government Finance Officers Association that Southlake has been presented the Distinguished Budget Presentation Award for the fiscal year beginning October 1, 1993 -- the fiscal year just completed. This makes two in a row! One of the significant factors in this award is the recognition of the ease that a reader would have in finding out what is included in the budget (short of a "truth in accounting" function). This is especially helpful in a community where many people want to know what is going on. 32. FYI, I will be on vacation from Friday, October 7 through Wednesday, October 12. I will be back in the office on Thursday, October 13. Shana will be returning from her honeymoon this week and will return to work on Tuesday, October 4. In case you did not notice, I marked the end of my 6th year with the City September 28. It has been quite a decade! ! ! Obviously from the attached article in the Dallas Morning News (Tuesday, September 20), we have had an easier time than some of our sister cities and my counterparts therein. Thank you for your leadership. CE kb Vllr VI VVull 11 4M1%V, 1 W^"o October 3, 1994 TO: Curtis E. Hawk, City Manager FROM: Kim McAdams, Park Project Manager SUBJECT: Bicentennial Park Expansion Project - Phase I Re-evaluated SPDC Budget Plan Construction bids opened Friday, September 30. The staff has reviewed the bids and recommend the low bidder, Dean Electric for the base bid of $1,837,000, plus add alternate #6 which includes moving fences and light poles on the current Fields #1 & #2 at $13,000 and the deduct alternate #7 to drill seed the turf at-$7000. The grand total of the bid award to Dean Electric would be $1,843,000. With the construction costs of Bicentennial Park known and projected costs of the gym, staff re- evaluated our SPDC budget plan. SPDC BUDGET FY 1993-44, 1994-95 and 1995-96 Land Acquisition - Phase I (Truelove) $ 253,000 Bicentennial Park- Phase I 1,843,000 Bicentennial Park -Contingency 50,000 CMS - Gymnasium 700,000 West Beach Property 473,000 Land Acquisition -Phase II (Brunson) 225,000 Bicentennial Park - Phase II 456,000 TOTAL $ 4,000,000 Staff proposes to set aside funds for the Bicentennial Park Furnishings at $100,000 from the Park Dedication Fee Budget in FY 1994-95. 44, 4 /� City of Southlake, Texas MEMORANDUM September 30, 1994 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Summary of Corridor Advisory Committee (CAC) Meeting on 9/28/94 The CAC meeting on September 28, 1994 met with the purpose of discussing general concepts and direction for the Corridor Study. There was a lively discussion and general consensus about the direction of the study and areas to be addressed. The attached "List of Principles" is the result of our meeting. These principles will be presented for discussion at the next public meeting on October 17, 1994 at 7:00 p.m. in the Carroll High School cafeteria. Please feel free to contact me should you have any questions or comments. :LIN enc: Draft List of Principles dated September 29, 1994 G:\WPRPROJECTS\CORRIDOR\MEMOS\SUMMARY.WPD SEP-30— J4 FR I T 1 6 W i t s Gr1 ATc Hss G G Soutidake Corridor Study 27 September 1994 Vision for the Southtake Corridors �rni--rural residential community characterized by high quality homes, neighborhoods, retail, and services in an attractive and naturally landscaped environment. The Sfl 114 corridor should reflect a unified urban design character, include a `Town Center", avoid strip retail, and include a comfortable buffer between the residential neighborhoods and the highway and commercial development. The FM 1709 corridor west of Carroll, should reflect high quality buffered residential neighborhoods, and local service and retail facilities. The Davis Road corridor should serve as an attractive service area for Southlake and surroundf.pg cities and include retail and light industrial uses and services. SEP-30-94 FR I 1 0 = 29 W i I son. & (ass OG i at E s R _ 0 1 P LIST OF pRINCIPLES S.uthlake Corridor Study I)RA 1 gopfember 1994 The following are principles upon r inpurB is t from the next xt public meeting n Con1dor Advisory reernent with the Committee, an A October, wilt form the direction that the consultants will take in developing detailed mmendations for the corridors. They are not to be consid'end as specific so utions at this point in time, but rather as a point of departure developin strategies and standards for guiding development in the three corridors. CORRIDORS OVERALL Unified Identity for the City. Quality of commercial development should reflect the quality of residential. Buffering of residential from commercial development. SH 114 AND FM 1709 EAST OF CARROLL AVE. Concep (*MW SH 114 in Southlake will be treated as a centdestination, noer for the a eat and corridor for through travel. it IN be a major employment compreh nsive feel that reflects the residential quality of the, City. it wilt contain office Pat retail center, and (screened) single family residential development. A Town f -enter should be created in the vicinity of SH 1'14 and FM 1709. Land Use • In general, allow office, retail, hotel, recreation, cultural facilities, and single family residential which is screened from commercial and highway traffic, • No Rp retail, or industrial uses • All R tail parcels must have direct access from a cross street. • No mlljor parking areas adjacent to SH 114. • The own Center should contain primarily retail uses and may include recreation, office, library, theater and other cultural activities. It should also be pedestrian oriented, and may or may not include a City Hall or other muni4ipal services. Development Controls • Require site plan approval for all properties adjacent to SH 114 No p�le signs; limit billboards; monument signs must utilize building masonry. • Masoinry requirement shall include only brick, stone, cast stone, glass or ` other material approved by the City Council. CoZol roof lines. page 1 SEP-3EO—'izl4 F It 1 f = 1 i=S W a 1 so r. k5. Hss c.c I .aL C__s F - y4 DRAFT 29 September 1994 Traffic • Ideally, access buildings from parallel roadway, as in Las Colinas. • Establish access standards which limit the number of access points to frontage roads. • Possibl limit the extent of frontage roads in some areas, if not already establis ed. • Establis property access from non -freeway streets where possible. • Encourage development of non -motorized (bicycle and pedestrian) facilities. • Strategically locate highway interchanges. Entry Areas • Develoli a hierarchy of portals. • Identify entry points through identification graphics and their design settings. • Unify all entry ways through repetitive use of materials and design form. • Provide simple portal solutions that are "visually legible and understood at many different travel speeds'. • Recog ze existing Solana development as Southlake's western portal on 114. • Solutions should recognize potential costs of streetscape developments at a SH 114 scale. • Provide. Visual unity and order on corridors_ • Design hould be simple, recognizing good maintenance procedures. • Recogn ze existing and future landmarks, e.g. the Solana obelisk. • Pursue . eatments to highway overpasses. • Encourage public art, possibly with a rural theme. FM 1709WEST OF CARROLL AVE. Concept FM 1709 is`primarity a residential corridor with some local service retail and services. Land Use Residential subdivisions, local retail centers and professional office uses. Development Controls • No residential lots, as part of new subdivisions, with direct access to 1709. • Maximum 2 story non-residential development. • Screening wall for subdivisions must be masonry (stone, cast stone or brick) and wrought iron, and the setback must be varied, with landscaping. • Control roof lines. • Monument signs must utilize building masonry. Page 2 � -a Yi — 1 —r r rt � • i � w • . .3 ti.r • . aac •-v � = t. ar i _. a. c � r � _• .1 ` DBAYrf 29 September 1994 • Minimize number of roadway access points to adjacent property. Entry Features and Streetscape • Create landscaped median in the long run. • Maintain visibility to retail graphics. • Streetscape to respond to adjacent land use. • Preserve existing trees along ROW. • Considgr lighting aril street trees as design elements to provide corridor unity a continuity. DAVIS Concept Davis is a �ervice area for the City and N. Richland Hills. It is a light industrial service, and large scale retall1wholesale area. it concentrates service and large scale activities which have an unusually high generation of car and truck traffic, and which re consistent with many of the uses that are currently there. Land Use, Office shairoom, retail, low density light industrial and various commercial service uses. Developi-Aent Controls • Maso4 facade requirement. • Monument signs must utilize building masonry • Minimize number of roadway access points to adjacent property. Entry Features and Streetscape • Utilize ROW islands at intersection of 1709 and Davis. • Preserve existing trees along ROW. • Recognize pleasant views into Big Bear Creek Corridor. • Buffer parking and service areas adjacent to Davis ROW. Um Page 3 The Company You Keepo SEPTEMBER 30, 1994 TO: MR STRVE APPLE FROM: LARRY GOLDSTEIN SUBJECT: SPDC New York Life Insurance Company 2350 Airport Freeway, Suite 640 Bedford, TX 76022 Bus. 817 540-5442 Res. 817 329-9085 Fax 817 545-1228 Larry Goldstein Agent I KNOW THAT YOU ARE AWARE OF HOW EXCITED I WAS TO SERVE ON THE SPDC, AS THIS PROGRAM WAS THE CULMINATION OF OVER TWELVE YEARS OF MY PERSONAL INVOLVMENT IN WORKING TOWARDS THE EXPANSION OF SOUTHLAKE'S PARKS AND RECREATION FACILITIES. THE PLANS THAT HAVE BEEN FORMULATED ALONG WITH THE CONTINUED INCREASE IN SALES TAX REVENUES ARE GOING TO MAKE OUR CITY ALL THE MORE ATTRACTIVE FOR CURRENT AND FUTURE RESIDENTS. ON SEPTEMBER 1ST I WAS ASKED TO SET ASIDE SEPTEMBER 14TH FOR A SPDC MEETING, AND CONFIRMED THAT DATE. ON SEPTEMBER 17TH I GOT A PACKAGE IN THE MAIL INDICATING THAT THIS MEETING WAS ON SEPTEMBER 22 INSTEAD. I HAD TO MISS THIS AS I HAD ALREADY MADE PLANS TO BE OUT OF TOWN ON BUSINESS THE 22ND. YESTERDAY, THE 29TH I RECEIVED MAIL REGARDING OUR NEXT MEETING ON OCTOBER 3RD, AT 6:00PU ON THE 28TH I HAD ALREADY CONFIRMED A BUSINESS APPOINTMENT FOR THE 3RD OF OCTOBER AT 7:OOPM. STEVE, PLEASE ACCEPT THIS LETTER AS MY RESIGNATION FROM THE SPDC. I JUST CANT PROPERLY SERVE ON THIS BOARD WITH THE LACK OF TIME TO SCHEDULE THE MEETINGS. I KNOW THAT YOU CAN FIND A QUALIFIED CITIZEN TO FILL MY SEAT. IF I CAN BE OF SERVICE IN ANY OTHER MANNER, PLEASE DO NOT HESITATE TO CALL UPON ME. LARRY GOLDSTffiN CC: GARY FICKES CURTIS HAWK 0 Business and Personal Insurance Planning w4LIFE for Financial Products & Services Registered Representative for NYLIFE Securities Inc. 1320 S. University Dr., Suite 900 Ft. Worth, TX 76109 New York Life Insurance Company New York Life Insurance and Annuity Corporation lA Delaware Corporation! NYLIFE Securities Inc. 51 Madison Avenue, New York, NY 10010 SEPTEMBER 30, 1994 COMPARISON OF SINGLE FAMILY RESIDENTIAL PERMITS BY YEAR SEPTEMBER 30, 1993 & SEPTEMBER 30, 1994 NO. OF YEAR SINGLE FAMILY PERMITS VALUATION 09/30/93 374 $79,550,941.00 09/30/94 486 109,014,902.00 COMPARISON OF SINGLE FAMILY RESIDENTIAL PERMITS BY FISCAL YEAR 1993 & 1994 AS OF SEPTEMBER 30, 1994 FISCAL NO. OF YEAR SINGLE FAMILY PERMITS VALUATION 09/30/93 477 $100,406,032.00 09/30/94 629 $140,035,538.00 COMPARISON OF SINGLE FAMILY RESIDENTIAL PERMIT FEES BY FISCAL YEAR 1993 & 1994 AS OF AUGUST 30, 1994 YEAR PERMIT FEES 09/30/93 $588,190.00 09/30/94 $807,606.00 SEPTEMBER 30, 1994 COMPARISON SINGLE FAMILY RESIDENTIAL PERMITS 1992 1993 1994 JANUARY 22 30 49 FEBRUARY 30 31 34 MARCH 28 34 45 APRIL 15 39 60 MAY 25 44 70 JUNE 31 41 62 JULY 48 59 47 AUGUST 42 46 47 SEPTEMBER 33 50 72 OCTOBER 36 38 NOVEMBER 23 46 " DECEMBER 44 59 TOTALS 377 517 486 Submitted by CITY OF SOUTHLAKE AGREEMENT FOR COMMUNITY SERVICE STATE OF TEXAS § § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "City"), and Grapevine Relief and Community Exchange (G.R.A.C.E.), a nonprofit "relief" center operating in the Grapevine- Southlake- Colleyville area as an organization described in section 501 (c) 3 of the Internal Revenue Code, acting by and through its duly authorized Executive Director (hereinafter referred to as G.R.A.C.E.). WHEREAS, the purpose of G.R.A.C.E. is to centralize resources and to provide food, clothing, referral, and available financial assistance to the needy of the Grapevine - Southlake -Colleyville area, and others as referred by G.R.A.C.E. members; and WHEREAS, City and G.R.A.C.E. desire to enter into an Agreert .nt whereby G.R.A.C.E. will provide "relief" services to needy of the Southlake community and others as referred by City; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and G.R.A.C.E. do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES The scope of Service shall include: 1. Short term emergency assistance for food and clothing needs. 2. Administration of direct aid as funding allows. 3. Screening for Direct Aid Utility Assistance. 4. Referrals to area agencies and organizations. 5. Distribution of furniture or other donated resources intended for emergency purposes as available. 6. Cooperation with local organizations to render additional aid in certain instances as this assistance is available, through either designated funding or seasonal programs. SECTION 2 G.R.A.C.E.'S OPERATIONS 1. Hours of Operations shall be solely defined by G.R.A.C.E. 2. The City shall have the right to review the books and records kept incident to the services provided by G.R.A.C.E. to the City. SECTION 3 PAYMENT FOR SERVICES City agrees to pay to G.R.A.C.E. the sum of Seven Thousand Five Hundred ($7,500) Dollars in payment for services described in Section 1 hereinabove. SECTION 4 TERM OF AGREEMENT The term of this agreement shall be for a period of one (1) year beginning October 1, 1994 and ending September 30, 1995. b:GRACE-95.AGR\0RD\RES\AGR\kb IN WITNESS WHEREOF the City and G.R.A.C.E. have executed this agreement as of this day of , 1994. Approved as to legal form and adequacy: Attorney at Law Mayor, City of Southlake b:GRACE-95.AGR\ORD\RES\AGR\kb Executive Director G.R.A.C.E. '' _3 1 City of Southlake, Texas MEMORANDUM 3 September 28, 1994 TO: Curtis E. Hawk, City Manager FROM: Kim McAdams, Park Project Manager SUBJECT: Bicentennial Park Expansion Project - Phase I Consider Approval Letter of Agreement with Ralph and Linda Evans In the construction plans for the Bicentennial Park Expansion an earthen drainage channel is to be constructed by the City, adjacent to the park on the Evans property. For this donated easement and use of the excavated dirt, the City will allow Evans livestock grazing rights to the City property that will not be developed in this phase of construction. Staff felt we needed to prepare a Letter of Agreement between the City and the Evans for City Council's consideration. The agreement is attached. It has been reviewed by the City attorney and is ready for Council's consideration. Mayor: Gary Fickes Mayor Pro Tern: 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 September 30, 1994 Mr. W. Ralph and Linda S. Evans 315 North Shady Oak Drive Southlake, Texas 76092 RE: Drainage Improvements Dear Mr. and Mrs. Evans: This letter agreement is intended to reflect your and the City's agreement regarding the construction of drainage improvements on your property. As we discussed, you will allow the City to build an earthen channel and pond on the western parameter of your property adjacent to Bicentennial Park. These improvements will be made by the City at its sole cost. Any extracted dirt from the channel and pond may be removed by the City from your property and used for future park land development in the area of Bicentennial park. The City will build a fence between this earthen channel on your property and Bicentennial Park from the northernmost property line of Bicentennial Park to F.M. 1709. The underlying purpose of this fence is to contain livestock grazing on your property. The type of fence and its location on your property will be subject to your approval. In consideration of the above, the City will allow you to graze livestock on the recently purchased "Truelove" property west of the new fence until such time as this property is needed for park development. If this accurately details your understanding of our agreement, please sign and date the letter in the spaces provided below and return one original to me. The other original is for your records. This letter agreement will continue in effect until either party gives the other party ninety (90) days written notice of termination. Upon termination of this agreement, the City shall have no duty to restore your property; however, at that time the parties may negotiate the 667 North Carrc I Southlake, Texas 76092 (817) 481-5581 • FAQ 513 a -6796 or Metro (817) 481-0036 ... r I I II.IITV —101 nVC0" Mr. W. Ralph and Linda S. Evans Letter Agreement September 30, 1994 Page 2 acquisition of a permanent easement along your property for drainage improvements. Sincerely, Curtis E. Hawk City Manager AGREED TO AND ACCEPTED BY: W. Ralph Evans Linda S. Evans Dated: B: E V ANS. AGR\CEH-LTRS\kb Dated: �5i3-3 • G - -A 1- — • I 0 Z lR + ip N I • � 1 1 . 1 • .' �� )Immmralry 1w I i' ,+.•" 11t1WtW1779 1Y11J! ♦ ••/�/•�A% 7 F� lrTnTIv w ^' _ .• ',c OIfHfl1t.'.m0'itt_ lJ ll a — • � � � TJ/11111i11..-1�/ • unuuulnuunl El. J o I 1 -• y , I n I r v to -- Law _ 1 I p I � L • I I 7C l ^ I • 1 T I I t I N. WHITE CHAPEL BLVD. _ - 1�L'i11L �hs�i. (Mtt n RfNfwi• y ►Of CTTT O• fOOTULAL■ o se" � --, 1LyI�1..1G1�i lL1Ci1V1�i1LL�lll..+ K `••• I CONCEPT PLAN FOR EXPANSION r44M City of Southlake, Texas MEMORANDUM September 29, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Cheatham and Associates to Provide Professional Services to Design the Sewer Line S-2, Section H The City of Southlake would like to be able to provide sanitary sewer (S-2, Section II) service within the S-2 drainage area, which includes property within the City of Keller. S-2, Section II is planned to start at F.M. 1709 near Brock Drive, go north along the creek, cross Johnson Road, and extend up to Florence Road (see attached map). Staff requested a proposal from Cheatham and Associates to prepare construction plans and associated documents to facilitate the construction of a sanitary sewer line to serve the upper S-2 area, Section II. Cheatham and Associates will provide this service for a basic fee of $72,150. The basic fee includes: Engineering ............. $ 33,800 Survey Design ............ 14,850 Construction Staking ........ 6,500 Research ............... 5,500 Document/Drawings ........ 11,500 Total Professional Fees ...... $ 72,150 This basic fee does not include: Soils testing Other testing outside laboratory services Revisions to material prepared beyond that specified in proposal Funding will come from Sewer Impact Fees. Public Works staff recommends that the City Council authorize Cheatham and Associates to develop the design of Sewer Line S-2, Section II for a basis fee of $72,150. A copy of the proposal is attached. c-/ Curtis E. Hawk, City Manager Sewer Line S-2, Section II September 29, 1994 Page 2. Please place this on the October 4, 1994 agenda for Council consideration. BW/sm Attachments: Proposal wpfiles\memos\section.s-2 7 ,5c-a CHEATHAM AND ASSOCIATES September 12, 1994 Mr. Bob Whitehead Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Proposal for Providing Professional Services in Connection with the Design of Sewer Line S-2 - Section II Property within the upper S-2 drainage area, including property within the City of Keller, is currently in the planning stages of development. Southlake basically would like to be able to provide sanitary sewer service to this area.. In that regard, Southlake has directed Cheatham & Associates to prepare construction plans and associated documents to facilitate the construction of a sanitary sewer line (S-2) to serve the upper S-2 area, Section H. 1.0 Surveying 1.1 Our firm will furnish all necessary surveying field and office work necessary to perform the engineering design and to prepare construction plans. 1.2 We will also furnish all construction staking. 1.3 Surveying for easement preparation, if required, will also be furnished. (See Item 3.2) 2.0 Engineering 2.1 Our firm will furnish all necessary technical expertise required to accomplish the engineering design of the sewer line. The design will be in accordance with applicable state and local regulations. 2.2 Our firm will then prepare construction plans, specifications and contract documents based on the engineering design. 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 e -'3 Mr. Bob Whitehead City of Southlake September 12, 1994 Page 2 2.3 We will assist in the advertising for and taking of construction bids. We will issue any required addendums. Our firm will assist in the processing of contract documents after contract award and will issue notice -to -proceed. 2.4 Periodic on -site visits by an engineer will take place during construction. We will issue and process any required change orders. 2.5 We will provide assistance in conducting the final inspection and issuance of certificate of completion. 3.0 Easements 3.1 Our firm will conduct the search for deeds and conduct other research at the Tarrant County Courthouse necessary for the preparation of the required easements. 3.2 We will then prepare the legal (metes & bounds) descriptions of the easements with computer plotting. This work element also includes the surveying work necessary to prepare easements and to tie easements to the base line(s). 3.3 This element includes preparation of the final written easement document and of the accompanying drawing. 3.4 This proposal does not contemplate our firm providing assistance in acquiring property owner's signatures, nor participating in any condemnation proceedings without additional compensation. 4.0 Inspection 4.1 We will not furnish full-time on -site construction inspection, but will make periodic visits to the site, and will be available for plan interpretations. FEES We will provide all the services and products described in the scope of services including all services necessary for engineering surveying, engineering, preparation of construction plans and specifications, preparation of construction cost estimates, contract administration, construction staking and periodic visits during construction, and as -built plans. [See Engineer's Estimate and Excerpts from the TSPE General Engineering Services Manual on the last three pages.] Mr. Bob Whitehead City of Southlake *Engineering Fee [Based on TSPE Curve A, 9.15 % of Engineer's Estimate of Construction Cost] Surveying Fees [Flat fees based on estimate of time required times hourly rate for field party] Design Survey Construction Staking Easement Preparation (if required) [Flat Fees based on estimate of time required times hourly rates for technicians] Research September 12, 1994 Page 3 $14,850.00 6,500.00 M1111WIT111 Documents/drawings/field work 11,500.00 * Total Professional Fees $ 72,150.00 * These fees to be computed for final billing based upon actual construction costs of the project. Please note that all direct expenses, such as travel and printing, are included in the above fees. The fees cover only that work specified in the proposal. It does not include; Soils testing - Other testing involving outside laboratory services - Revisions to material prepared beyond that specified in proposal The above listing of services or others not included in the basic fees may be added to our agreement at your request and approval of estimated costs or rates. ,5e -�J- Mr. Bob Whitehead City of Southlake September 12, 1994 Page 4 1/01/92 Professional fees for studies and reports are calculated using hourly rates which include all wages, benefits, overhead and profit. The fees include all incidental costs and expenses (except where specifically noted), including all travel, out-of-pocket expenses, drafting, telephone, typing, etc., 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 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 TERMS AND CONDITIONS Monthly billing will be on a basis of percentage of completion. Invoices are normally mailed by the 5th of each month and payment is 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. The above fees include all incidental costs and expenses (except where specifically noted), including all travel, out-of-pocket expenses, drafting, telephone, typing, etc. ..5c-�" Mr. Bob Whitehead September 12, 1994 City of Southlake Page 5 If the above meets with your approval, this proposal can also serve as our agreement, which you may indicate by signing in the space provided below. Please do not hesitate to call should you have any questions or requested modifications of the proposal. The opportunity to be of service to you and the City of Southlake is greatly appreciated. Respectfully, Eddie Cheatham, P.E. lsouthlakks2ser.H Accepted this By: _ Title: day of '- " - 7 , 1994 Curve A is intended to apply to assignments of which the following are typical examples: Water, sewage and industrial waste treatment plants Low cost, or complicated, waterfront and marine terminal facilities Complicated dams and hydro -power installations Small bridges and bridges which are complicated by involved geo- metrics and unsymmetrical features, or which require location and/or alternate design studies Grade crossing eliminations Urban streets and freeways, including related drainage facilities Water distribution lines under 16-inch diameter Sanitary sewage collection lines under 24-inch diameter tW Pumping stations Ai►- pressure tunnels Swimming pools Foundations Curve B is intended to apply to less complicated assignments of which the following are examples: Large intercepting and relief sewers Storm sewers and drains Sanitary sewage collection lines 24-inch diameter and over Water distribution lines 16-inch diameter and over Simple bridges and other structures of straightforward or conven- tional design Dams of average complexity Airport paving and grading Irrigation works, except pumping plants Railways Levees and flood walls, conventional Sewer and water tunnels (free air) Earthwork and dredging Highways and rural roads, except low-cost rural roads High -cost wharf facilities of conventional design Retaining walls and bulkheads, conventional M 1-1 Se-�B CHEATHAM & ASSOCIATES 1601 E. LAMAR BLVD., SUITE #200 ARLINGTON, TEXAS 76011 817/548-0696 - METRO 817/265-8836 ENGINEER'S ESTIMATE CITY OF SOUTHLAKE SEWER OUTFALL S-2 SECTION II JOB NO. 001-417 DATE: March 14, 1994 SHEET 1 OF 1 ITEM NO. ITEM DESCRIPTION UNIT PLAN QTY. UNIT PRICE TOTAL COST 1. 10" PVC SEWER LINE L.F. 30001 32.25 96750.00 2. 12" PVC SEWER LINE L.F. 4100 35.00 143500.00 3. STD. 4' MANHOLE EA. 20 1322.50 26450.00 4. EXTRA DEPTH MANHOLE V.F. 100 86.25 8625.00 5. PAVEMENT REPLACEMENT L.F. 100 40.25 4025,00 6. CRUSHED STONE EMBEDMENT C.Y. 500 5.00 2500.00 7. CONCRETE ENCASEMENT L.F. 250 23.00 5750.00 8. BORE COMP. W/CASING L.F. 130 201.25 26162.50 9. TRENCH SAFETY L.F. 7100 1.75 12425.00 10. CLEAR R.O.W. L.F. 7100 1.75 12425.00 SUBTOTAL CONST. COST CONST. CONTINGENCY ENGINEERING & SURVEYING EASEMENTS TOTAL PROJECT COST $338,612.50 $32,237.50 $72,150.00 $35,000.00 $478,000.00 SOUTHLAKE\EST\SEWOUT Curves of Median Coizzpensation CURVES A AND B 00 to ._.. O L a) c m w N 0 c <o U > W O C U N Q d L C O U O a� 0 U c0 aUi C N 1NL L C C U Y a C cu N 00 E L 3 U Q i 0 `° 0yV) O U N Q1 f0 N y T (Q d O ro m a — > L °' 3 O ru O a� >0 7 a N U Uj 0� m >U -0 L _ O U (n Q cu > c L Q V 3 a) E E c > cZ U • N E CU a) L a d ai o c cu E c E a) 0 O .� ` � Ems, d U c E c cv E O L C @ U 0 O N c O '- 0— c N L C Q 0 O p N N cc i O O @Q L J c C O E u — cu co ` O O 0 a) 3 cv �• 3 U C '0 '> 0 y t9 0 d C 0 a � E O L _ U O _ U C d C U d N U Y S C Y 0" Ow L O O d z d 0 0 i c-0w 03 bzo w « j id +- L t1 � U MO N N> c O U L O E U L C O U 0 3 O, U w A L m d L N C O y c .� Q-O �n U a>i i 7S a H H ti f9 3 O n O E 0 y d v= o N O_ � @ on a (d - Q N w J LLJ Uw w J OQ U w< I i i i I i � J� G P J� i I CO 1N3083d-398VHD DISVB O O 0 • IN J O h cp LO V O ►a City of Southlake, Texas MEMORANDUM September 30, 1994 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Extension of Preliminary Plat for Country Walk Addition Attached you will find a letter dated September 22, 1994 from The Nelson Corporation who is requesting that the validity of the Country Walk preliminary plat be extended so that they may proceed with the submittal of a final plat. They have verbally told me that it is their intention to submit a final plat in the next month. The history of Country Walk Addition is as follows: Date Item 8/21/90 Council approved original preliminary plat which has a two-year validity 2/16/93 Council approved a one-year extension of the preliminary plat validity An approval of this request would extend the validity of the preliminary plat until October 4, 1995. Staff does not have a problem with this request. Please place this item on the next available Council agenda. Feel free to contact me should you have any questions. GLIbls enc: Letter Dated September 22, 1994 from The Nelson Corporation G:\WPFqvjEMO\STAFNICI Y-WALK.WPD "5v-/ LINDA SEWER. SEQ•TRIAS. IN A THE NELSON CORPORATION PLANNING • ENGINEERING • SURVEYING y LANDSCAPE ARCHITECTURE • CONSTRUCTION MANAGEMENT 5999 SUMMERSIDE DRIVE • SUITE 202 DALLAS, TEXAS 75252 (214) 380.2605 FAX (214) 380.2609 September 22, 1994 Mr Greg Last Director, Community Development City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 7, Sip fy 6 1994 BRIAN MARCUS. PX- RP.LS. PRESIDENT CRAIG T. CURRY EXECUTIVE VICE PRESIDENT DIRECTOR OF PIwNNWG RE: Request to reinstate the preliminary plat for Country Walk, a proposed residential subdivision within the City of Southlake, Texas. Dear Greg: On behalf of our client, Continental Joint Venture, we respectfully request that the preliminary plat for Country Walk be reinstated. It is our desire that this request be placed on the next available City Council meeting. Please advise us of the next available City Council date on which this request may be heard. If you need any additional information, please feel free to contact me. Sincerely, THE NELSON CORPORATION raig Curry Executive Vice President CC/ks City of Southlake, Texas MEMORANDUM September 29, 1994 TO: Curtis E. Hawk, City Manager FROM: Kim McAdams, Park Project Manager SUBJECT: Authorization to Execute a Contract for Professional Services with Newman, Jackson Bieberstein, Inc., to Prepare a City-wide Trail Master Plan In the Park, Recreation and Open Space Master Plan of 1992, the citizens surveyed ranked trails as their top priority of recreational facilities needed for Southlake. In the City's 1994-95 Budget, $20,000 was set aside to hire a consultant to develop a City-wide Trail Master Plan. On August 26, I mailed request for proposals to six consulting firms with experience or interest in this project. Three firms responded with proposals, two firms responded with letters declining to submit proposals due to other commitments, and the sixth firm teamed up with a firm that submitted a proposal. The staff reviewed the proposals and short listed two firms to be interviewed: Newman, Jackson Bieberstein, Inc. (NJB) and MESA Design Group. The interview selection committee included Councilman Stephen Apple, Park Board Chairman Janet Murphy, Greg Last and me. We interviewed the two firms Wednesday, September 28. The selection committee agreed to recommend NJB. We selected NJB due to their recent experience in developing similar master plans for North Richland Hills and Keller and their successful track record in acquiring ISTEA grant funding for trail projects. The contract for the professional services of NJB to prepare a City-wide Trail Master Plan is attached. It is within our budget of $20,000 and will take approximately four months to complete. We are looking forward to moving ahead on this City-wide Trail Master Plan. Staff requests authorization from the City Council to execute the contract for professional services with Newman, Jackson Bieberstein, Inc., to prepare a City-wide Trail Master Plan. EE/ AGREEMENT BETWEEN LANDSCAPE ARCHITECT AND CLIENT This Agreement entered into by and between the City of Southlake, (hereinafter called "Client"), and Newman Jackson Bieberstein, Inc., Banner Place North, 12770 Coit Road, Suite 210, Dallas, TX 75251, hereinafter called "Landscape Architect"). WITNESSETH That the Client does hereby employ the Landscape Architect to render professional services for the development of a Master Plan for bikeways and pedestrian ways for the City of Southlake, Texas. I. SCOPE Newman, Jackson, Bieberstein, Inc. will provide the necessary services to develop a Master Plan for bikeways and pedestrian ways for the City of Southlake. This plan will be developed with the understanding that a major goal of the City of Southlake is to provide a city-wide trail system linking parks, open space, community facilities, major commercial centers, schools, and libraries within the community. The resulting plan will focus on creating a non -motorized transportation network within Southlake and connecting to adjacent cities. The Client and the Landscape Architect agree as set forth below. This Agreement supersedes any and all other Agreements either written or oral. H. BASIC SERVICES The Landscape Architect's Basic Services are as described in the following seven (7) Tasks. These services will be performed expeditiously and with professional skill and care. Task I Evaluate Existing Information and Formalize Goals and Objectives This task will address the following: Define Goals and Objectives: NJB will refine and develop a series of goals and objectives for the elements of the trail system through meetings with city staff, Parks and Recreation Board members, and citizen groups and landowners. When developed and approved, these goals and objectives will guide the further development of this plan and the ultimate implementation of the system. Existing Regulation Review: NJB will review existing information pertinent to the study such as the Parks, Recreation, and Open Space Master Plan, Land Use Plan, Thoroughfare Plan, Landscape and Tree Preservation Ordinances, Zoning and Subdivision Ordinances, any proposed zoning ordinance revisions, and any other documents or small area plans that will influence routing of trails and bike routes. Task II Site and Area Analysis The Landscape Architect will examine and document all potential options for the system of trails and pedestrian ways. Included in this analysis will be: • Identification and evaluation of original/destination points • Existing and proposed open space/greenbelts • Existing and proposed street system • Potential connections to Colleyville, Grapevine, Keller, Westlake, and North Richland Hills • Flood plain/flood way limits 6 Drainage ways • Utility rights -of -way • Access to Corps of Engineers property along Lake Grapevine Site analysis will be documented on an overall opportunities and constraints plan of the City and incorporated into the final report. Task III Develop Bikeway, Pedestrian Way, and Equestrian Trail Routing Plan From the information gathered in the first two tasks and from a review of AASHTO standards related to bicycle facility planning, we will develop routing plans for the following: • Dedicated bike paths and pedestrian ways S Bike lanes/wide outside lanes along appropriate roadways • Bike routes along lesser travelled roadways C Equestrian trails Preliminary routing plans will be developed with alternates for consideration in each of the above categories. Potential alternatives will be evaluated and verified by field observations as needed and further consultation with Southlake Parks and Recreation Division and/or with appropriate user groups. As part of this task, the Landscape Architect will identify any land acquisition that should be made to better accommodate future trail, bikeway, and pedestrian way requirements. The Landscape Architect will evaluate the opportunities for incorporation of an equestrian trail as part of bicycle/pedestrian way corridors. Appropriate guidelines for equestrian trail location will 2 be developed along with suitable cross -sections for trail construction. Guidelines for joint locations of bicycle trails, pedestrian ways, and equestrian trails will be developed-, Final recommended routes will be documented on an overall plan of the City and incorporated into the final report. Enlarged plans will be developed, where required, outlining conceptual development of specific conditions needing clarification. An illustrative Master Plan will be prepared for presentation to the Parks and Recreation Board and City Council as well as for promotion of the Plan to the citizens of Southla'(c Task IV Develop Standards for System Development The Landscape Architect will develop a series of standards and guidelines to gux system development. These standards will consider the following: • Bike path and bike lane widths • Inter -modal requirements • Appropriate criteria for pedestrian/bicycle combination facilities • Appropriate intersection treatment for roadways with bike lanes or wide outside lanes • Effective bicycle parking • Appropriate grade separated trail and highway considerations for SIB €14 • Appropriate at grade trail crossings of roadways • Appropriate support facilities and elements for trail users such as vehicular parking at trail heads, emergency access, trail markers, emergency communications requirements, etc. These standards will be developed as detailed drawings and will be included as illustrations in the final report. Task V Development of Cost Estimates and Phasing of Implementation The Landscape Architect will develop a phasing plan that responds to a variety of factors including: • Growth of Southlake • Phasing of Southlake thoroughfare improvements • Opportunities to provide regional connectivity to adjacent communities and facilities In concert with the phasing recommendations, will be the development of "general" probable construction cost estimates for improvements to be undertaken by the City. General private development costs will also be identified and developed for each of the identified phases. Recommendations for funding sources will be assessed and identified R (i.e. capital improvement programs, TPW Gant, ISTEA, CMAQ, etc.). Contacts for funding resources, submittal requirements and implementation coordination will also be identified and documented for future City use. Task VI Writing and Assembling the Final Report The Landscape Architect will document the findings of the preceding tasks into a narrative report in 81/2" x I V format with supporting exhibits for submission to the city staff and policy setting bodies. We will provide ten (10) complete bound documents, one master unbound document and a data disk in Word Perfect 6.0 format of the completed document. We will also provide full size mylars of all maps prepared for the study. Task VH Participation in Public Meetings The Landscape Architect has included the following four meetings during the course of this study as part of the above described tasks: • An initial meeting with Park Board and interested citizen groups to review opportunities and constraints, goals and objectives, and to receive public comments and input. This meeting should take place at the completion of Task II. • A workshop with Park Board Planning Commission to review preliminary trail recommendations. • A public hearing open to all Southlake citizens to review plan recommendations. • Final presentation to City Council. III. TERM OF AGREEMENT A. The term of this agreement shall begin when Landscape Architect is given a notice to proceed by the Client and end on February 1, 1995 unless an extension of time is granted by the Client. IV. CLIENT'S RESPONSIBILITIES A. The Client will furnish the following information to the Landscape Architect: 1. Current City plans and reports covering land use, zoning, open space, land ownership, drainage, locations of existing and future schools, and parks. 2. Areas of the City where livestock ownership and stabling is permitted. 3. Current ordinances in place that would affect trail routing. 10 4. CADD generated reproducibles of City at 1"=400'-0" illustrating street locations, names, open space areas, utility and railroad ROW, and public parks. 5. Any planned thoroughfare improvement plans illustrating widening, routes, etc. V. BASIS OF COMPENSATION The Client shall compensate the Landscape Architect for the Services provided as outlined below and in accordance with the other Terms and Conditions of this Agreement as follows: A. Payments for Basic Services, Reimbursable Expenses, and any approved Additional Services will be billed monthly based on percentage completion of the total fee. The invoices shall show the total amount of fee earned to the date of submission and the amount due and payable as of the date of the current statement. B. Reimbursable Expenses are in addition to Basic Service fees and include actual expenditures made by the Landscape Architect and their consultants in the interest of the Project for: 1. expense of transportation and subsistence in connection with out-of-town travel, 2. long distance communications including facsimile transmissions, 3. reproductions and photocopying, 4. postage and delivery services, 5. expense of overtime work requiring higher than regular rates when requested by the Client. 6. expense of any additional insurance coverage or limits including professional liability insurance, requested by the Client, in excess of that normally carried by the Landscape Architect and the Landscape Architect's consultants. C. If the Project is suspended or abandoned in whole or in part for more than 90 days, the Landscape Architect shall be compensated for all services performed up to the date of receipt of written notice from the Client of such suspension or 5 ,5z:-:::- -/, abandonment, together with Reimbursable Expenses then due. If the Project is resumed after being suspended for more than 90 days, the Landscape Architect's compensation may be equitably adjusted. D. The fees outlined in this Agreement are subject to renegotiation should the project scope change significantly at any phase. F. For Basic Services, as described in Article II, Compensation will be computed as follows: A lump sum of $19,975.00 will be the total fee with the following breakdown: • Task I • Task II • Task III • Task IV • Task V • Task VI • Task VII Total Basic Services Review Exist. Info./Goals Site Analysis Routing Plan System Standards Cost Estimates/Phasing Report Production Public Meetings Reimbursable Allowance: $1,100 Total Fee and Expenses $750 $2700 $5000 $2100 $2200 $3600 $2575 $18,875 1,100 $19,975 G. For additional services, compensation shall be computed as a lump sum mutually agreeable to both parties. Additional public meetings beyond that described under Basic Services will be billed on an hourly basis in accordance with our hourly rate (See Exhibit "A"). H. For reimbursable expenses, billing will be at the direct cost to the Landscape Architect. Landscape Architect will not exceed the allowance of $1,100 without prior approval of the Client. VI. OWNERSHIP AND USE OF DOCUMENTS A. Upon completion of this contract, all basic sketches, charts, calculations, plans, and other data prepared under this contract shall be made available, upon request, to the Client without restriction or limitation on their further use. The Landscape Architect may have copies made of the documents or any other data he has furnished the Client under this contract without restriction or limitation on their further use by him. 0 VU. TERMINATION OF AGREEMENT A. This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. B. In the event of termination not the fault of the Landscape Architect, th(- Landscape Architect will be compensated for all services performed tc termination date together with Reimbursable Expenses then due. VM. MISCELLANEOUS PROVISIONS A. This Agreement is governed by the laws of the State of Texas; and venue for any action shall be in Dallas County, Texas. B. The Client and the Landscape Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such party with respect to all covenants of this Agreement. Neither the Client nor the Landscape Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. C. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Client or the Landscape Architect as the case may be at the address set forth below. City Manager, City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 IX. IDENTIFICATIONS Gene W. Newman, President Newman, Jackson, Bieberstein, Inc. Banner Place North 12770 Coit Road, Suite 210 Dallas, TX 75251 All documents provided under this Agreement and all materials released for publication or public relations shall identify both Client and Landscape Architect as follows: CITY OF SOUTHLAKE NEWMAN, JACKSON, BIEBERSTEIN, INC. LANDSCAPE ARCHITECTS AND PLANNERS 7 X. ADDITIONAL SERVICES If any of the following additional services are authorized in writing by the Client, they will be paid for by the Client as provided for in Article V. above. A. Development of a Bicycle Safety/Education Program for Primary and Secondary Student Cyclists, Adult Cyclists/City Staff and Motorists. B. Additional meetings with Parks and Recreation Board or City Council beyond that outlined under Basic Services. C. Providing onsite surveying, project staking, or field verifications. D. Preparing presentation models or renderings beyond those described in Basic Services. This Agreement entered as of the date written below by Client. Newman Jackson Bieberstein, Inc. by Gen W. Newman President City of Southlake Date Ti e Date �-5E-9 City of Southlake, Texas MEMORANDUM September 29, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of Bid for Traffic Signal Construction at the Intersections of S.H. 114 at N. Kimball Ave. and F.M. 1709 at N. Kimball Ave. GENERAL INFORMATION To complete the construction of N. Kimball Ave. from Southlake Blvd. (F.M. 1709) to S.H. 114, the two intersections at N. Kimball and S.H. 114, and at N. Kimball Ave. and F.M. 1709 need to be signalized. When Wal-Mart requested driveway permits, Tx -Dot insisted that the two intersections be signalized. The City contracted Barton -Ashman Associates, Inc. to conduct the traffic study and produce the plans and specifications. City Council approved the bidding of traffic signals at the above intersections during their September 6th meeting. Advertisement was published on September I lth and September 18th. Bids were publicly opened and read aloud on Wednesday, September 28, 1994. BID TABULATION The low bidder is Traffic Signals, Inc. and the bid amount is $99,196. See attached bid tabulations prepared by Barton Aschman Associates, Inc. SPECIAL CONSIDERATIONS Staff has negotiated with Wal-Mart to pay for one-half the cost of the signals at N. Kimball Ave. and F.M. 1709. Tx -Dot has offered the use of any equipment, which can be utilized from the intersection of Short Ave. and S.H. 114. The City will request to have the signals at Short Ave. removed. FUNDING/FISCAL IMPACT Funding for the traffic signal project will be provided from the Infrastructure Reserve Fund. STAFF RECOMMENDATION Staff recommends that the City Council award the bid to low bidder Traffic Signals, Inc. in the amount of $99,196. '5F-/ ' Curtis E. Hawk, City Manager Award of Bid for Traffic Signal Construction September 29, 1994 Page 2. Please place this item on the Council's October 4, 1994 agenda for their consideration. Attachments: Bid Tabulation Sheets Map "riles\memosku- ffic.sig City of Southlake, Texas s MEMORANDUM September 28, 1994 TO: Curtis E. Hawk, City Manager Lou Ann Heath, Director of Finance FROM: Bob Whitehead, Director of Public Works SUBJECT: Cost of North Kimball Signals Via fax late Tuesday afternoon, September 6th, Barton Aschman Associates, Inc. sent the following cost estimates for the two sets of signals: N. Kimball Cad F.M. 1709 Shares Cost $75,000 City Wal-Mart $37,500 $37,500 N. Kimball 0 S.H. 114 Cost $32,000 City [Tx -Dot contribution] $32,000 <$43,000> Total cost $107,000 16L9 500 Original: Engineers did comment that: "The pedestrian heads [We have to meet the new ADA Rules] at S.H. 114 raise the cost = $5 000, and the pavement marking on F.M. 1709 contribute significantly to this cost." 5,c-- 3 f Bar4on—AsChman Assoc Inc 8178773214 P-01 N I 13A11q-rC3rA-ASCHMAI'1 AS50CIAT0S, War — Texas . r ,Y- "C2 UcA • (517) 877-5803 - FOX: is 171 �g,3^ 4'�iE:st c'eM :p • . or: 'G Memorandum To: Ron Harper CC: sob Whitehead From: Jody Short W Date: September 20.1994 Subject: Traffic signals on Kimball at SH 114 and at PM 1709 the bids receiverience with the fird yesterday morning. All appeared to be in order and all calculations were t have reviewed correct. Based Th our expems that submitted bias, all are qualified to do the work We raffic Signals, Inc. from Edmond, OK, the firm that submitted recommend that the project be awarded to T the lowest bid of $99,196.00. This should complete our Scope of Services outlined in our letter of agreement dated July 6, 1994. We would be glad to assist with the construction inspection of these traffic signals the need worts � you n any half enjoyed working with You on this project and would welcome the oppo itY new transportation projects. Please call if you need additlonal information or assistance - post -It- brand fax transmittal memo 7671 1►of pagem ► Z t1,P« FPMA S",, P^R504-49 V ` GRo TAANSFmORTnr�TlQru lan z a r U On-itsC h MuLn HSs•Ja 1 r.c is I, :_• r r .=,i I' 8autwkke Traffic Signals Bid Tabulation Kimbell at SH 114 and FM 1709 28. 19$4 2.30'sheft 32 $65.00 $2,080.00 $7040 $2,240.00 $100.00 $3,200.00 $85.00 $2,120.00 3. 24' shell is $55.00 $826.00 $40 00 $600.00 $70.00 $1,060.00 $50.00 $750,00 4. relocats pole 2 $1,000.00 $2,000.00 $1,600.00 $3,000.00 $1,500.00 $3,000.00 $350.00 $700.00 5. Frei pod pale 1 $1,200.00 $1.200.00 $250.00 $250.00 $400.00 $400A0 $300.00 $300.00 0. Install pad pole 2 $800.00 $1.600.00 $300.00 $000.00 $250.00 $500.00 $150.00 $300.00 7. signal section 4i $145.00 $5.945.00 $80.60 $3.280.00 $130.00 $5,330.00 $26.00 $1.025.00 8. ped Sig section 8 S145.00 $1,180.00 4135.00 $1,880.00 $230.00 $1,840.00 $200.00 $1,604.00 9. ped button 8 $100.00 $800.00 $70.00 $560.00 $100.00 $800.00 $50,00 $400.00 10. loop dot 725 $6.00 $4,350.00 $3.00 $2,175.00 $4.00 $2,900.00 $4.00 $2,900.00 11. 1' conduit 120 $5.00 $600.00 $3,00 $360.00 $3.00 $360.00 $3.00 $360.00 112.21cor>duit 325 $6.00 $1,950.00 $7.00 $2,275.00 $3.20 $1,040.00 $3.50 $1.137.50 %13. 3' oon"t 120 $13.00 $1,560,00 $9.00 $1,080.00 $13.00 $1,560,00 $6.00 5720.00 14. ground boX 7 $300.00 $2,100.00 $200.00 $1.400.00 $440.00 $3,080.00 $500.p0 $300.00 15.2/c#10 30 $1.75 $638.75 $0.80 $219.00 $0,70 $255.50 $1.00 $365.00 �16.16/c#12 1035 $1.75 $1.811.25 $1.80 $1,863.00 $2.40 $2,484.00 $2.00 $2,070.00 117.2lc#14 2710 $1.50 $4,065.00 $0.45 $1,219.50 $0.90 $2,439.00 $1.00 $2,710.00 118.24" vrhite 150 $7.00 $1,050,00 $8.00 $1.200.00 $8.50 $1,275.00 $10.00 $1.500.00 ;19.17 white 430 $7,00 $3,010.00 $4.00 $1,720.00 $4.00 $1,720.00 $6.00 $2,5WA 120. skeet sign 2 $300.00 $600.00 $110.00 $22000 $350.00 $700.00 $180.00 $360.00 121. tt'afic handlina 3 $3,000.00 $9.000.00 _ $300.00 $900.00 1 SM . (,01 $2.400.001 $500.001 $1,500.00 F8.1 aotttt>tiW 1 $7,000.00 $7.000.00 $7.000.00 $7,000.00 $9,500.00 $9,500.00 $5,000.00 $5.000.00 3. 30* Sw 36 $55.00 $1.080.00 $70.00 $2,520.00 $100.00 $3.600.00 $85.00 $3,060,00 9.24'sltiaft 10 $45.00 $450.00 $40.00 $400.00 $70.00 $700.00 $50.00 $500.60 S. contrfo ndatton 1.8 $1,000.00 $1,80o,00 $400.00 $720,00 $600.00 $1.060.00 $400.00 $720.00 3. F&I 48'sig pole 2 $3.200.00 $6,400.00 $3,558.00 $7.118.00 S3,850.00 $7,700.00 $2,900.00 $5.800.00 F. F&I 40'sig pole 1 $3.000.00 $3.000.00 $3.164.00 $3,164.00 $3.400.00 $3,400.00 $2,700,00 $2.700.00 R. Fum.44'sig pole 1 $3,100.00 $3,100.00 $3,463.00 $3,463.00 $3.720.00 $3.720.00 $2,400.00 $2.400.00, F&I ped pole 2 $800.00 $1.600.00 $450.00 $900.00 $450.00 $900.00 $300.00 $600.00 section 35 $145.00 $5.075.00 $80.00 $2,800.00 $130.00 $4550.00 $i100.00 $3,500.00 1signal . ped vigsaclion s $100,00 $800.00 $235.00 $1.880.00 $230,00 $1,840.00 $200.00 $1,600.00 12. ped butlan 8 $120.00 $960.00 $70,00 $$M.00 $100,00 $800.00 $50.00 $400.00 13. loop dot 1260 $0.00 $7,660.00 $3.00 $3.780.00 $4.00 $5.040.00 $4.00 $5.040.00 14. 2' conduit 835 $5,00 $4.17600 $7.00 $5,845.00 $1.00 $3,340.00 $3.50 42,922.50 15. 4' conduit 150 $7.00 $1.050.00 $12.00 $1.8000.00 VIM $1.960.00 $9.00 $1.350.00 16, ground box 11 $225.00 $2,475.00 $200.00 $2,200.00 $445.00 34,895.00 $500.00 $000.00 17, 1/c#6 790 $1.75 $1,382.50 $1.00 $790.00 $0.80 $632.00 $0.50 $396.00 18. 16k #12 830 $1.75 $1.4.92.50 $1.80 $1,494.00 $2.40 $1,992.00 $2.00 $1,660.00 19, 21c #14 5490 $0.65 $3,568.50 $0.45 $2,470.50 $0.90 $4.941.00 $1.00 $5.490.00 20. Wo#10 350 SO_65 $227.50 $0.60 $210.00 $0.70 $245.00 $1.00 $350.00 21. 24' wNte 40 $7.00 $1,750.00 $8.00 $2,000.00 $8.30 $2,075.00 $10.00 $z500.00 22.12' whits 650 $7.00 $4,550.00 S4.00 $2.600.00 $4,00 $2.600.00 $6.00 $3.900.00 23, 8' wNts 1350 $2.00 $2,700.00 $2.50 $3,375.00 $2.40 $3.240.00 $5.00 $6.750.00 24. 4' while 790 $1.75 $1.382,50 $1.30 $1,027.0a $1.20 $948.00 $4.00 $3.160.00 25. Mite ONLY 12 $250.00 $3.000.00 $230,00 $3,000.0U $242.00 $2,904.00 $250.00 $3.000.00 26, white ARROW 12 $250.00 $3,000.00 $200.00 $2,400.00 $195.00 $2,340.00 $250.00 $3,000.00 27. PM tr3 MAl 1500 $1,50 $2,250.00 $1.00 $1,500.00 $0,85 $1,276,00 $0,50 $750.00 28. stvetsign 3 $300.00 $900.00 $110.00 $330.00 $300.00 $900.00 $180.00 $540.00 29. LT sign 2 $300.00 $600.00 $80.00 $160.00 $130.00 $260.00 $100.00 $200.00 30. roadside sign 3 $300.00 $900.00 $150.00 $450.00 $300.00 $35(1.00 $1.400.00 $1,050.00 $1,400.00 $150.00 $1,500,00 $450.00 $1.S0000 31. service 1 $1,130.00 $1,130.00 $300.00 .Jr-v --��-- R.O.W. HWY 114 1"=200' 1 Fi1TUR£ R.O.W. HWY 114 — Ads fi `,-I R .f% 1' 1\ ATATE HMHWAy 114 1 , , 1 1 1 1 I I I i 1 1 1 1 I 1 1 1 I ' 1 ' i I .^ 1. . 1 i 0 0 C d City of Southlake, Texas MEMORANDUM September 30, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: / ZA,944&ezoning and Development Plan/Coventry / Ordinance No. 480-144 REQUESTED ACTION: LOCATION: OWNERS: APPLICANT: CURRENT ZONING: REQUESTED ZONING: LAND USE CATEGORY: NO. NOTICES SENT: Rezoning and Development Plan for Coventry, being a 103.76 acre tract of land situated in the T.M. Hood Survey, Abstract 706, being Tracts 1 & 1C, 1A, 1B, 3A, 3C, 11B, and Lots 1 & 2, Bradley Addition. The development proposes 101 lots, 2,700 sq. ft. homes, 0.97 du/ac., and average lot size of approximately 32,400 sq. ft. A Shady Oaks Dr., North of W. Southlake Blvd., on the East N. Peytonville, approximately 1/2 mile South of W. Dove St. Taylor and Harry J. Bradley Properties, Inc. Agricultural J.D." Residential Planned Unit Development Low Density Residential Thirty-five (35) RESPONSES: Twenty-six written responses received within the 200' notification area: * T .nrn Bolton 1200 Cypress Creek Ct , opposed; wants to keep one acre lots and is concerned about drainage problems. * Pete W and Mary Smith. 596 Garden Ct., opposed; developments should be restricted to one acre lots in accordance to Land Use Plan. * Bob L. Ramsey. 1650 N. Shady Oaks, opposed; concerned about drainage, and lot sizes do not conform to surrounding one acre lots. * J.L. Clow, 820 N Shady Oaks Dr., in favor; this is a logical use of the land at this time. * Fernando A and Bertha G. Casas1201 Plantation Dr., opposed; appreciates the changes that were made in this proposal but is still to this development. Concerns are increased traffic, drainage, and less than one acre lots. City of Southlake, Texas ' * rZlen Alice and Norman Bur ess 1253 N Pevtonville o osed• g 7 PP small lots are not consistent with surrounding one acre lots, there will be increased traffic and explosive growth to school system resulting in higher taxes, and there will be more water run off. * Don J. and Annette Weeks. 1325 N. Peytonville Ave., opposed; increased amount of concrete will create larger drainage problems, narrow roads will not handle increased traffic, existing schools can't handle more students, and larger cities bring more crime. * K.L. Sumner. 1205 N. Peytonville, opposed; prefers "SF-1" to comply with the Land Use Plan. * Everett and Mary Allen. 1201 Cypress Creek Circle, opposed; they do not want high density homes, they want one acre lots, and drainage problems will increase. * John and Ellen C. McCully. 605 W. Highland, wants low density development and rural atmosphere to remain, wants one acre lots, and they are concerned about traffic, drainage/flooding, and poorly maintained roads. * Andrea Sanchez. 1440 Shady Oaks, opposed; her concerns are the increases in population, traffic, taxes and crime, the small lot sizes and water run off, and other negative factors that will occur. * Rita Ann Andrea and Pina Salinas 1440 Shady Oaks, opposed; concerns are drainage issues and sewer capacity issues have not been addressed. * Jane Grant. 601 W. Highland, opposed. * M.M. Hardy. 1100 N. Shady Oaks, opposed; concerns are increased traffic and small lot size. * A.B.. Garnetta and Joseph Stanyer. 1200 Post Oak Trail, opposed; want one acre lots. * i au:y and Sheila Croy. 1550 N. Shady Oaks, opposed; wants one acre lots . * Mike and Jelynn Hall. 1255 Shady Oaks, opposed; feels area should remain low density, is concerned about safety, inadequate roads, traffic, and water drainage. * Ben and Mary R. Goodman. 1700 Shady Oaks, opposed. * Raymond and Karol Welsh 698 Garden Court, opposed; the rural character of this area should be preserved, one acre lots should be the minimum, the streets are not suited to the resulting increased traffic, and sewer problems will occur with this development. * James and Wanda Glover. 1355 N Peytonville, opposed; wants rural atmosphere to remain, wants one acre lots, and they are concerned about traffic, flooding, high density and inadequate roads. * Bob and Ann Hinman. 1600 N. Shady Oaks Dr., opposed; Land Use Plan is Low Density, and concerned with drainage onto their property. *Karen Jones. 1265 Shady Oaks Dr., opposed; she has drainage concerns and wants one acre lots. * Don and Mary Moilan 1425 N Peytonville Ave., opposed. * R.H. Moss. 1200 Shady Oaks Dr., opposed. IR- 2 City of Southlake, Texas I *- Beverly Bradley. P.O. Box 92783, in favor; this development will provide housing that is much more in demand, it will provide a "rural" look, the developer will provide a major part of the sewer which will save tax dollars, drainage problems will be reduced, and the development will bring revenue to the city. * Helen Taylor. 1200 Shade Oaks, in favor, if one acre lots are developed she believes it would depress the adjacent properties because of a lack of demand and surplus of lots. This development will include the installation of sanitary sewer and it will help the street drainage problems. It will be an asset to the community. Three property owners within the 200' notification signed petitions received on September 6, 1994. * Toe and Gloria Barlean1360 N. Shady Oaks Dr , opposed. * Wanda Buschman1201 Post Oak Ir., opposed. * Patricia M. Moore 1680 N. Peytonville, opposed. Eighteen written responses received from outside the 200' notification area: * I W Richards 315E Southlake Blvd., in favor; he supports medium density housing and developers providing main sewer trunk lines. This development will save the citizens tax dollars in sewer costs. * William Hodges 2089 N. Carroll Ave., in favor; medium density zoning for this tract will result in cost savings to the taxpayers for the main sewer line for this portion of the city. * Paul and Lee Fahrenbrook 1865 North Peytonville Rd., opposed; their concerns are: 20,000 sq. ft. lot size is unacceptable, safety of children in the neighborhood, reduced property values, will overburden the current streets, and will destroy the low density environment. * Robin Jones 510 Ravenaux SPIN #11 Representative, opposed; concerns are: loss of trees, traffic congestion, large construction vehicles in area, and approval of this request will destroy the rural setting. * John E. Janbaz. 1302 Plantation Dr., opposed; density of housing is too high, does not comply with the Land Use Plan, rural atmosphere and excellent school system are being threatened. * Harold Knight 1749E Highland, in favor; developer will provide main sewer trunk line to the Northwest quadrant of the City thus alleviating the citizens of Southlake having to pay to provide sewer in this area. * Mike Robertson 1212 Cross Timber, opposed; lots should be a minimum of one acre or not be developed so that surrounding properties will not be affected. * Joseph M. Reilly, 1275 Shady Oaks Drive, opposed; existing grade of roads and sewer facilities are consistent with low density development -not medium density, increased traffic will cause a safety concern at street intersections, the proposed sewer is not consistent with the existing city plan, drainage problems will increase. City of Southlake, Texas * Gay and Julie Stakes. 1281 Post Oak Trail, opposed; one acre lots should be rovided for sewer should lie connected at the time the P developer starts to sell lots, traffic studies and road improvements should be done to alleviate traffic problems, ample set backs of major through roads and plantings of trees as a buffer to maintain a rural feeling should be provided. * Donnie Darr. 1241 Post Oak Trail, opposed; concerned are: the high density, surrounding properties are one acre, storm -water run off, increased traffic, heavy construction traffic, deed restrictions of Coventry will not be adhered to. * R.J. Maness. 420 Ravenaux Dr., opposed; concerns are drainage issues, safety of residents and children walking to and from school, and increased traffic. * Richard Crowe. 1502 Plantation, requested additional information on this item. * Margaret Bumette. 1002 Quail Run Rd., opposed; does not conform to Low Density on Land Use Plan. * O. Alan Wood. 700 Garden Ct., opposed. * Janice Coulter. 694 Garden Ct. , opposed; concerned with increased traffic, possible flooding, and wants low density neighborhood. * David Margraf. 701 Garden Ct., opposed; deviates from master plan, lots should be one acre, drainage issues have not been addressed, and impact of this development is negative. * Alan and Susan Egerton. 696 Garden Ct., opposed; wants area to comply with the Master Plan, and they are concerned about drainage. * Cindy M. Allen. 5208 Telluride Lane. Dallas, opposed; she owns a lot on Garden Ct. and plans to build a home in Southlake. Petitions were received on September 6, 1994 with signatures totaling 233 012120sect t fus total mcluaea i i signatures from propernv owners which are within the 200' notification area and who have alreLdy sent written responses noted above leaving a total of 202 signatures opposed from outside the 200' notification area; written concerns are that this zoning change deviates from the Land Use Plan, the request does not conform to existing surrounding property development, the request does not adequately address drainage issues and sewer capacity, and it does not address the negative impact on existing and proposed roadways. Petitions were received on September 20, 1994 with signatures totaling 112 opposed This total included 8 signatures from nrowdi y owners which are within the 200' notification area and who have already sent written responses noted above and 2 signatures were duplicated leavine a total of 102 signatures opposed from outside the 200' notification area; written concerns are that this zoning change deviates from the Land Use Plan, the request does not conform to existing surrounding property development, the request does not adequately address drainage issues and sewer capacity, and it does not address the negative impact on existing and proposed roadways. 9KA City of Southlake, Texas P & Z ACTION: August 18, 1994; Approved (3-2-1) ZA 94-88 Rezoning and Development Plan for Coventry subject to the Plan Review Summary dated August 12, 1994 deleting item #5 recommendation that the East- West street intersecting N. Peytonville Ave. be aligned with Post Oak Trail, and recommending item #14.c. to Council - 60' R.O.W. (2 lanes) on the road connecting Shady Oaks Drive to N. Peytonville Ave. COUNCIL ACTION: September 6, 1994; Approved (4-2) to table ZA 94-88 Rezoning and Development Plan request to the September 20, 1994 City Council Meeting. September 20, 1994; Approved (6-1) First Reading, Ordinance No. 480-144. STAFF COMMENTS: The Applicant has met all the review comments of the third Plan Review Summary dated September 16, 1994 with the exception of those items addressed in the attached fourth Plan Review Summary dated September 30, 1994. ��Z KPG/bls G AW PF\MEMO\CASES\94-88-ZD. W PD 1. 2•.. -- SR I.w • fw 101 t I 7�2. Ie c •'0O • �/ 1 AC I.w . w ° c "SF -IA" "SF-I'M I 1�1 .c ` S. Ye1cA f. c.... "AG. R..b7 Mill E f. BEEBY Pp N o4p N ` SURVEY i1 r 5 i 1 A-72 F. Ntr\ — I •AG- 1` a. Keace s a c \ a. Wed..a r TR. 1 34 k _.AG• ^ a 1 A(1 : 3.» AC f�V i •SF-W 1 ' 270i .c 3 K Y. auacb-- a L. a7 1R • of I at I MVEAAUX • iRi .KK • ' � 1 J. Kig I i 3T)f K a. t we $ i it, NA J. tallau ;AG - A. f:ac►aa I 1 1 jl ot 1- I J. Urla.. n TR 7d A IR c l.3a K , 1 ..» •K. aaccMr I — — - -- -- � 'AG • i 2„ � • M. Allen I o -AG- C. YL11iwaA.a 1RK1 .1 G R 1 ! AC C. Ste1•.cc 1•,.— 1 Cl t Tw x. G C 0 t a. • 1 TRACT ..33 J. Glover ) K sc K. aavard a • u. a Se AG. C. o saz. I _ GaE - T1:3A1 T I rR.3aK ^ C. .uric,. ! t. Ko.. V 1 Jo". J -AG. - � a. xz C. Su.n<r v J. Kc callF 7 IR IICf 1. Il • f.... p 1 — ! ! 'AIIG'�1�wj l I 1. e.i l Iw a.f•Ty::,4 \ ` "AG" I.3 •c I I.a AC — 1 J. Cl—K. aacdyi R. C. } I F. L. a.a7 1 u.lc ilin nc t I - I u 8.3 D 3 ..s AC tl 1 ! . .3 K , ADJACENT OWNERS L AND ZONING City of Southlake, Texas • ' 5 15 eM ' Won a_ I Imo_ NO . CASE NO: ZA 94-88 REVIEW NO: FOUR . DATE OF REVIEW: 09/30/94 PROJECT NAME: Develgpment Plan for Coveatry (formerly OakRidge). being 103.76 acres situated in the T.M. Hood Smyty. Abstract No. 706. Tracts I and IC. IA. 1B. 3A, 3C. and Lots I and 2. Bradley Addition .. 1 M—M Me •M 1 1 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 09MM AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817) 481-5581, EXT. 743. DEVELOPMENT PLAN REVIEW: 1. The Subdivision Ordinance (5.03-K 1) requires street stubs at 1,000' intervals. This would require that a stub be provided to the South through the J.L. Clow property. 2. Although the offset is greater than the 125' required by ordinance (approx. 300' shown), Staff recommends that the East-West street intersecting North Peytonville Avenue be aligned with Post Oak Trail to create a safer intersection along North Peytonville Avenue. 3. The Thoroughfare Plan indicates an extension of West Highland Avenue to the West as a 70' arterial along the southern boundary of this property. Some alternatives to this issue are as follows: a. Delete requirement and approve as submitted (50' R.O.W.) We may need to widen the R.O.W. at Shady Oaks to accommodate turn lanes. 70' R.O.W. (4lanes) on Cambridge Lane and Coventry Lane. ire 60' R.O.W. (2lanes) on Cambridge Lane and Coventry Lane. * Staff will coordinate street name approvals with the fire department staff prior to final plat submittal. * Denotes informational comment. cc: Pima Properties, Inc. John Levitt Engineers Inc. Harry J. Bradley, 1645 N. Peytonville Ave., Southlake, 76092 Helen Taylor, 1200 Shady Oaks, Southlake, 76092 IA- AO Lov or. 1 1 +i Jig ot li, fig ii fill •MA IAA K• W -9 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-144 #N 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 103.76 ACRES OF LAND SITUATED IN THE T.M. HOOD SURVEY, ABSTRACT NO. 706, BEING TRACTS 1 AND 1C, 1A, 1B, 3A, 3C, 11B, AND LOTS 1 AND 2, BRADLEY ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "R-P.U.D." RESIDENTIAL PLANNED UNIT DEVELOPMENT 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; PROVIDING AN EFFECTIVE DATE. WHEREAS, the 0 under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 GAORDVONiNG480.1" Page 1 changes should be granted or denied: safety of the motoring public and the pedestrians using the (aw 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: GAORMZONING480.144 Page 2 'lA-II Being a 103.76 acre tract of land situated in the T.M. Hood Survey, Abstract No. 706 (4W being Tracts 1 and 1C, 1A, 1B, 3A, 3C, 11B, and Lots 1 and 2; Bradley Addition, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "R-P.U.D." Residential Planned Unit Development District, as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit "B." Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances G:WRD\Z0NIN(1, "0.1" Page 3 IR 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 G.\ORD\ZONIN0480.144 Page 4 `1 A- L.3 N ON APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: c: 0PM\Z0NWc\U0.1as Page 5 ,I-h_jq EXHIBIT "W' ALL that certain Lot, tract or parcol of land located in t[ie T. M. [food Survey, Abstract 70G, Southlake, Tarrant County, Texas, being all of that certain 60.93 acre tract conveyed to Harry J. and UeLea M. SradLey by Deed recorded in Volume:1749, Page 493, Deed Records, Tarrant County, Texas, and all of that certain 43.83 acre tract conveyed to Earnest E. and Helen Taylor by Deeds recorded in Volume 2312, Page G24, Volume 2741, Page 267 and Volume 3863, Page 4GO, Deed Records, Tarrant County, Texas end being more particularly described in one tract as follows: BEGINNING at a 1/2 inch iron. pin in centerline of Peytonville Avenue said rod also being the northwest corner of the T. H. Hood Survey, Abstract 106 and the southwest corner of a 13.0 acre tract according to the Deed recorded in Volume 6366, Page 973, Deed Records, Tarrant County, Texas; THENCE South 89 degrees 30 minutes 00 seconds East 1,966_45 feet along the south Line of said 13.0 aura tract (at L,870.01 feet passing a 3/4 inch iron rod at the southeast corner of said L3.0 acre tract) to a 1/2 inch iron rod at the northwest corner of a 5.00 acre tract accord inch to the Deed recorded in Volume 8759, Page 64, Deed Records, Tarrant County, Texas; THENCE South OL degrees 03 minutes 42 seconds West 32S.41 feet along the west Line of said 5.00 acre tract to a L/2 inch iron rod at the northwest corner of a 3.02 acre tract according to the Deed recorded in Volume 5084, Page 3L0, Deed Records, Tarrant County, Texas; THENCE South 00 degrees 13 minutes 26 seconds East 200.18 feet along the west line of said 3.02 acre tract to a 1/2 inch iron rod at the northwest corner of a 2.61 acre tract according to the Deed recorded in Volume 6928, Page 314, Deed Records, Tarrant County, Texas; THENCE South 00 degrees 34 minutes 46 seconds West 183_96 feet along the west line of said 2.61'acre tract to a 1/2 inch iron rod at the northwest corner of a 3.0 acre tract according to the Deed recorded in Volume 6928, Page 314, Deed Records, Tarrant County, Texas; THENCE South 00 degrees 36 minutes 42 seconds West 194.36 feet along the west line of said 3.0 acre tract to a 1/2 inch icon rod at the northwest corner of a 2.49 acre tract according to the Deed recorded in Volume 5169, Page 553, Deed Records, Tarrant County, Texas; THENCE South 01 degrees 07 minutes 39 seconds West 157.SL feet along the west line -of said 2.49 acre tract to a 1/2 inch icon rod at the northwest corner of a 5.3 acre tract according to the Deed Recorded 1n Volume 3912, Page 74, Deed Records, Tarrant County, Texas; THENCE South 00 degrees 45 minutes 34 seconds West 287.79 feet along the west line of said 5.3 acre tract to a 1/2 inch icon rod at the northeast corner of a 13.75 acre tract according to the Deed Recorded in Volume 3863, Page 460, Deed Records, Tarrant County, Texas; THENCE South 00 degrees 45 minutes West 526_70 foot along the east Line of said 13.75 acre tract to the northeast corner of a 24' .55 acre tract according to the Deed recorded in VoLume 23L2. Page 624, Deed Recocda, Tarrant County, Texas; GAORMZONINGM0.144 Page 6 A EXHIBIT "A" THENCE South 00 degrees 42 minutes West 579.72 feet to a common eLl corner of said 24_55-acre tract; THENCE South 89 degrees 52 minutes East 658.33 feet to the northeast corner of said 24.55 acre tract; THENCE South 214.44 feet to the northeast comer of a 5.53 acre tract according to the Deed recorded in Volume 2741, Page 267, Deed Records, Tarrant County, Texas; THENCE South 00 degrees 45 minutes West 147.20 feet to the southeast corner of said 5_53 acre tract., THENCE West L,635.56 feet to the southwest corner of said 5.53 acre tract; THENCE Korth 00 degrees 45 minutes Ua'st• 147.20 feet to the northwest corner of said 5.53 acre tract and a point in the south line of said 24.55 acre tract; THENCE West LL6.96 feet to the southwest corner of said 24.55 acre tract; THENCE North 809.97 feet to the northwest corner of said 24.55 acre tract and the southernmost southwest corner of said 13.75 acre tract; THENCE Korth 01 degrees 04 minutes East 496.5 feet for a common ell corner of said 13_7S acre tract; THENCE South 89 degrees 44 minutes West 878.42 feet to the westerly southwest corner of said 13.75 acre tract; THENCE Korth 01 degrees 06 minutes 56 seconds East 1,397.36 feet along the centerline of Peytonville Avenue to the Point of Beginning and containing 103.76 acres_ SAVE AND EXCEPT ONE TRACT of land known as Hood Cemetery and more particularly described as follows: BEGINNING at an iron rod in the centerline of Peytonville Avenue said rod also being at the northwest corner of the T. H. Hood Survey Abstract 706, and the southwest corner of a 13.0 acre tract according to the Deed recorded in Volume 6386, Page 973, Deed Records, Tarrant County. Texas; THENCE South 01 degrees 06 minutes 56 seconds West 637.35 feet along the centerline of Peytonville Avenue to a point; THENCE South 84 degrees 49 minutes 26 seconds East 580_18 feet (at 557.18 feet passing a L/2 inch iron rod at the southwest corner of Got 1, Bradley Addition to the city of SouthLake, Tarrant County, Texas according to the Plat recorded in Volume 368-170, Page 31, Plat Records, Tarrant County, Texas) to a 1/2 inch iron rod in the south line of Lot 1 and the Point of Beginning; THENCE South 05 degrees LO minutes 34 seconds West 206.71L feet to a L/2 inch iron rod; G-MDNZANINQ480.I44 Page 7 Wgq Im EXHIBIT "A" ' THENCE South 84 deg•rees 49 minutes 26 seconds East 208.71 feet to a 1/2 inch iron rod; THENCE North 05 degrees 10 minutes 34 seconds East 208.71 feet to a 1/2 inch iron rod in the south line of Lot 1; THENCE North 84 degrees 49 minutes 26 seconds Kest 206.71 feet along the south line of Lot 1 to a 1/2 inch iron rod and the Point of Beginning and containing L.00 acres. G:\ORDIZONING1480. l44 Page 8 9-A-1-I EXHIBIT "B" '1 1 1 �f i=t 1 r 1 .i 1 :i�ti�,ii.iIri cif �s ,fie •�s ��s Ordinance No. 480-144 Page 9 •r r i' r �js Ije I !�s I �j� N-1 � z 0 (0 a(dien G, RECEIVED 56P 3 0 1994 S J. CITY SECRETARY L-kgw,., , S 4,q �6,,,o 0.0�o�,c,��c;ow , tv o t-c- co u n rt d,,- �t IL � � p cvo� / l2 ( �, ��7�kL LA AVID i uk � �ar � our Co1'cc No J QLA— ut Cb NC"M , IgA-k& GZo �)--o oc% n o► o Ctnn m u c o yr cd / NIOLIV -Cv l r /t so.�. Z,9-fo . �OLA- a-Aac L'� C�o w n clk ,�Ww� CYw`�rL- C,i3Y�! ►�- + ..2f�k.V�U� ,,$-� JC�r�o�sco,,►� UYa4 r NCO-sfz V 1 i t utll rn �� /CP Qo ✓ , �J a ok S ou ref DIU)-)'LC.. -F ✓� fit• f��iG'�'1 �1��a � J (pb�` 61kc.�A 1 OL, L� ,tC.O_� SOW _ m Drr n�n YC)ILA'2 Too _ wcSY 6 C��.�.�. cam., Yot aCr G� hJ c� u L s 1� �. C u r c..( 1240 Post Oak Trail Southlake, TX 76092 October 3, 1994 Southlake City Council Southlake City Hall 667 N. Carroll Avenue Southlake, TX 76092 Dear City Council members: I am opposed to Ordinance No. 480-144 (ZA 94-88) Rezoning and Development Plan for Coventry. Please vote against the ordinance in its current form which allows for houses to be built on less than 1 acre lots. I attended the first reading for this ordinance on September 20, 1994. I was very concerned about the in-flight changes that the supporters of Coventry were making during their presentation. There were a great many questions asked and concerns expressed that were not satisfactorily answered. I sincerely hope that if you override the wishes of the immediate community on this issue, that you will not pass this ordinance without knowing precisely what will be the end result in the north Peytonville area. It would be better to table than to approve a sloppy ordinance. I believe that the intent of the Low Density Housing zoning is to place residences on a minimum lot size of 1 acre, not on an average minimum lot size of 3/4 acres. The average minimum language means that many of the houses will be built on lots much smaller than 3/4 acre. This will destroy the ambiance and atmosphere of the surrounding area. Already, driving toward 1709 and Peytonville, all you see is concrete and rooftops. It is beginning to look like North Dallas --not an attractive statement. PLEASE, consider the intent of the laws and regulations, not just what can be "legally" interpreted! Please consider the lot size of each and every house, not the average when lakes, and roads, and cemeteries are factored in. Each house should have at least 1 acre of surrounding land to fit into the current neighborhood environment. Please investigate that the set backs, side lot sizes, etc. proposed for the Coventry PUD are appropriate for low density housing. If indeed Coventry conforms to the current zoning, as was implied (from a legal point of view) September 20, then this question needs to be answered. Coventry is comparing themselves to SF -IA and other high density communities, but I have not seen a comparison to low density housing regulations. I am concerned about the burden of increased traffic that these houses will place on north Peytonville. The road itself is already falling apart. It is not safe to walk along Peytonville because of the narrow roadway and lack of adequate walk -way. Sometimes it is not even safe to drive along Peytonville, such as when there are large trucks travelling the road. I have young Southlake City Council Ordinance No. 480-144 (ZA 94-88) October 3, 1994 children and it is not safe for them to be near Peytonville. We moved out into the country and they can't cross the street! Coventry will only make this much, much worse. I am not opposed to sewer. I consider this aspect a non -issue in the whole situation. I am, however, very concerned about drainage. I am especially concerned about the alleged calculation errors on the hydro -something survey or study. This question MUST be clarified before Coventry is brought to a vote. Should PIMA receive an approval and builds the Coventry PUD as "proposed" which impacts the neighboring area in a negative way, what consequences to PIlVIA will there be? What relief to the impacted neighbors will there be? For instance, if the additional drainage resulting from the new homes and streets causes damage or additional expenses to the neighbors, what will PIMA or the City of Southlake do? If there are consequences to PIMA, how will these be enforced? Mrs. Bradley seems to indicate that we are preventing her from selling her land. I am no way against Mrs. Bradley's right to sell her land for whatever reasons she desires. I AM AGAINST the high density of housing that PIMA proposes to build on this land. Finally, given my choice ... I would never allow a planned community with a homeowner's association into Southlake. I feel that these communities and associations isolate the population within the planned community and separate them from the city community at large. I have seen examples where the homeowners' association takes on the role of the city government. These associations divide the city rather than enrich the city. Please vote against Coventry as long as the average minimum lot size remains under 1 acre and as long as there are significant open issues still on the table. Thank -you. Sincerely yours, Nancy Jackso NSJ/nsj/coventry/ n OCT Vi 199 Lb �OLSU V 2 76 ev 45F, a 71- (Betty Springer .1024 Wission (Drive SoutFifake, 9X 76092 Th: (817) 481-7082 Ear,.* (817) 488-8582 October 4,1994 Mayor Gary Fickes and Southlake City Council 667 N. Carroll Avenue Southlake, TX 76092 Dear Mayor and Council Members: Since I am unable to attend tonight's council meeting, I would like to take this opportunity to speak to the zoning request by PIMA Properties for Coventry Place. As I stated at the previous council meeting, this request in effect meets all of the land use plan requirements for low density development. The developer will be bringing sewer into the area for Coventry as well as the opportunity for other tie-ons. This is not destined to be a "cheap" development... it should, in fact, be an attractive addition to our community. I think it is reasonable to assume that should this property not be developed at the proposed density, that the city could well be looking at another request in the future which could certainly be much less attractive. I have heard over and over from opponents that they would like to see the land remain an agricultural use... that they like having the open space around them. Well, council members, are they ready to buy that land and let it set idle for years to come?? I think not! While I certainly understand their desire to see the land conform to the low density land use designation, I think their continued demands have been unreasonable and unrealistic considering the changes and concessions offered by the developer. As stated before, I ask that you be FAIR in your assessment of this request. If it falls in the realm of the land use designation, if it provides for the enhancement of our community, if it presents no hardships on our services, then it is only FAIR to look upon this request affirmatively. Thank you for your consideration. Sincerely, Betty Springe � mning2 Getty Springer 1024 Mssi n Drive Southfake, qX 76092 Th: (817) 481-7082 Far• (817) 488-8582 October 4,1994 Southlake City Council 667 N. Carroll Avenue Southlake, TX 76092 Dear Council Members: I am unable to attend tonight's council meeting but would like to express my opinion to you regarding the zoning request for the property currently owned by Pleasant Hill Advent Christian Church. Dr. Greg Wright is requesting the property be rezoned 0-1 in order for him to build an office there for his dentistry practice. This property is located on the north side of FM1709 facing directly onto the roadway. I realize several adjacent residential property owners are concerned about this rezoning request, however, I feel that 0-1 zoning is actually the best use for this site. It is directly adjacent to the northeast corner of 1709 & White Chapel which is zoned commercial. 0-1 certainly seems preferable to me and provides more security to the adjacent residents than even the current CS zoning. At least one resident was evidently told by his realtor that the property would never be developed because the widening of 1709 would render the site too small to develop. I understand his frustration and concern, but again, in my opinion the 0-1 classification is actually insurance against perhaps a more onerous request at a future date (especially in light of the C-2 site immediately west). Thank you for your time and consideration. Sincerely, Betty Springer zoningi City of Southlake, Texas FROM: MEMORANDUM September 30, 1994 Curtis E. Hawk, City Manager Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-96 Rezoning Request / Ordinance No. 480-133 REQUESTED ACTION: Rezoning for 0.862 acres situated in the A.A. Freeman Survey, Abstract No. 522, being Tract 2A 1 B LOCATION: 500 block of N. Peytonville Ave. on the Southeast side adjacent to SouthRidge Lakes Addition OWNER/APPLICANT: Jode Ann Wilson CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-30" Single -Family Residential District LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Twelve (12) RESPONSES: Two written responses received within the 200' notification area: * Elliott Vaughn, 401 Valverde Ct., in favor; the general area is almost 100% single-family residences. * C. Thomas Chapman, 402 Valverde Ct., opposed; too many homes built in a small area will not handle additional septic tanks and will create a public health hazard. P & Z ACTION: September 8, 1994; Approved (6-0) ZA 94-96 Rezoning Request COUNCIL ACTION: September 20, 1994; Approved (7-0) First Reading, Ordinance No. 480-133 STAFF COMMENTS: This tract and Tracts 2A1 and 2AIA on either side of it were annexed into the City on 12/21/88 in the existing configuration. The surrounding tracts have residential structures and the Applicant plans to build one single-family dwelling on the subject tract. On September 29, 1994, the Board of Adjustment approved (5-0) the h9 Applicant's request to table until October 13, 1994. KPG/bls G AW PE\MEMO\CAS ES\94-WZ. W PD L-7ATma r 111 FA 0. i 1 34 0 i 12 11 Zlb o TR. 2C'iCI 1.41 Ac SPIN REPRESENTATIVES #13 RONALD MANESS/ROBIN JONES 35 360 �' 7 N. 5 a 36 GLEN COVE 2 ♦ 6 W. Howell 73 "SF-1 P 11AG" fs9 �Q�� •. ! 5 z� 1 + 2 2' ��'� TR.2A1 n 72 69• �Q R 2 8 1.52 Ac o QEy 6 Ac J. Sullivan - "SF-20A _ "AG 00 a J. Sullivan 1 16• 2 7 � 61 •� 2S2 f00 G 90 222 f2t R. Kiely 3g .. R. Brennan N r �y �.� 39R 4o C. 513Chapman Jar 62 N 63 ti 64 "SF-20A"' `�' J1 " s 0 '2 67 33 e0 sv1�J.. a1Moore PECOS 38R F T. Julia 56 37 _ 2+1 42 55 26 36 U 43 199 fe w 54 25 35 Z 44 +49 p lag zae � f91 53 j 34 45 24 �'' 52 33 46 23 au r30 h� t. 1%3 18, 32 48 51 a 22 a ADJACENT OWNERS/, 16a 31 AND ZONING RION 30 C T 1&-3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-133 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 0.862 ACRES SITUATED IN THE A.A. FREEMAN SURVEY, ABSTRACT NO. 522, BEING TRACT 2A1B, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-30" SINGLE-FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 4010RD=NWGN0-133 Page l �a Li '�M facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: G:IGRD\ZON RJGV90-133 Page 2 -la- 5 s s Being a 0.862 acre tract of land situated in the A. A. Freeman Survey, Abstract No. 522, Tract 2A1B, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from AG Agricultural to SF-30 Single -Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court GAORMONINGN480-133 Page 3 I i3 --(P or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the lst reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY GAORD%ZONINGW80-133 Page 4 �' T m APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: GA0RD\Z0NR4G 48G433 Page 5 &-O EXHIBIT "A" i 'rhe land referred to in this policy is described as follows: (*MW' A tract of land in the A. A. Freeman Survey, Abstract No. 522, situated in Tarrant County, Texas, and being that portion of a called 3.25 acre tract described in a deed to J. W. Sullivan, Sr. and wife Valta Lea Sullivan, of record in Volume 3370, Page 647, Deed Records, Tarrant County, Texas, as described in a Deed to Elizabeth Brister of record in Volume 8639, Page 1653, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: c1MENCE at a 1/2" iron found at the Southeast corner of the tract described in Volume 3370, Page 647, above referenced, said point being, by deed calls, 303 varas East and 1203 varas South of the Northwest corner of said Freeman Survey, thence West 164.69 feet along the South line of the last reeferenced tract to an iron in same for the Southeast corner and POINT OF BEGINNING of the herein described tract; THENCE West 189.44 feet to a 1/2" iron found for the Southwest corner of the herein described tract; HENCE N. 25 degrees 20 minutes 24 seconds W. 179.38 feet to a 1/2" iron found .for the Northwest corner of the herein described tract, said point being in -the apparent South R.O.W. line of Peytonville Avenue; VICE N. 65 degrees 03 minutes 49 seconds E. 171.21 feet along said line to a 112" iron found in same for corner; THENCE S. 25 degrees 20 minutes 24 seconds E. 259.25 feet to the POINT OF BEGINNING and containing 0.862 acres, more or less. SAVE AND EXCEPT that portion of the above described tract described in a deed to Arvida/.JIB Partners L.P. II of record in Volume 10474, Page 1916, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron at the Southwest corner of the above referenced tract; THENCE N. 25 degrees 20 minutes 24 seconds W. 0.94 feet along the West line of the above referenced tract to a point in the North line of Block 3 of Southridge Lakes, Phase III, Section One, as shown on a plat of record in Cabinet A, Slide 782, Plat Records, Tarrant County, Texas; THENCE S. 89 degrees 46 ninutes 57 seconds E. (plat bearing rotated to South line of Volume 8639, Page 1653) 189.78 feet along the North line of said Block 3 to a point in same for corner; THENCE S. 25 degrees 20 minutes 24 seconds E. 0.14 feet to a 1/2" iron found at the Southeast corner of the tract described in Volume 8639, Page 1653, atx-)ve referenced; TnENC:E West 189.44 feet along the South line of said tract to the POINT OF F.DGINNING and containing 0.002 acres, more or less. (taw G:I0RD%Z0N1N4u90-133 Page 6 9R_61 City of Southlake, Texas MEMORANDUM September 30, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-102 Rezoning Request / Ordinance No. 480-148 REQUESTED ACTION: Rezoning for Lots 1 and 2, J. Childress No. 253 Addition, being 6.002 acres situated in the John Childress Survey, Abstract No. 253, Tract 1H LOCATION: South side of the 90 degree curve on Randol Mill Ave., approximately 1000 feet due North of Randol Mill Estates in the 1500 block of Randol Mill Ave. OWNER/APPLICANT: CURRENT ZONING: REQUESTED ZONING: LAND USE CATEGORY: NO. NOTICES SENT: John R. Smart "AG" Agricultural "SF-lA" Single -Family Residential District Low Density Residential Ten (10) RESPONSES: Two written responses received within the 200' notification area: * Lloyd O. Latta, Jr., 1580 Randol Mill Ave., in favor; did offer concern about the "narrowness" of each lot and the extreme depth of each lot. * John S. Sanders, RR 5 Box 201A, in favor. P & Z ACTION: September 8, 1994; Approved (6-0) ZA 94-102 Rezoning Request COUNCIL ACTION: September 20, 1994; Approved (7-0) First Reading, Ordinance No. 480-148 M KPG/bls GAWPF\MEM0\CASES\94-102-7_WPD r\C - 1 -7Arai A ►Tj IA\ _ Al 1A7 1F 1E 1 1G 1B "AG" "AG" L. Latta M. Ward 1G1 1G5 "AG" R. Taylor 4-; U) 1G2 > 1G3 "AG" J. Sanders I "SP1-A" J. Morgan "SP1-A" K. Schatz i "AG" J. Charlton 1 "AG" D. Fanning Aw 1G4 i "AG" J. Brown I "AG" 2 B M. Beam I � _ SPIN REPRESENTATIVES #13 RICK PATTERSON/CANMLE RASDAL 2A ADJACENT OWNERS AND ZONING i . l-T -��-3 -- -� CITY OF SOUTHLAKE, TEXAS / ORDINANCE NO.480-148 AN ORDINANCE AMENDING ORDINANCE NO. 48 AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LOTS 1 AND 2, J. CHU-DRESS NO.253 ADDITION, AND BEING 6.002 ACRES SITUATED IN THE JOHN CHILDRESS SURVEY, 1 ABSTRACT NO. 253, TRACT 1H, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-1A" SINGLE-FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Texas is a home rule City adopted by the eleZterate-xfrsuant o�hele of the Texas Local Government Code; and, 0 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 QA0RD=NU4G".148 Page l �1G �} 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: G:WRD%Z0NQ4GV80.I48 Page 2 Being Lots 1 and 2, J. Childress No. 253 Addition, and being 6.002 acres situated in the John Childress Survey, Abstract No. 253, Tract 1H, 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, whether pending in court GAORDVONWG1480.148 Page 3 �C.-lv NJ or not, under such ordinances, same shall not be affedted 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 11994. GAORDNZONINGN80.1 48 Page 4 1c -11 MAYOR ATTEST: CITY SECRETARY 114 APPROVED AS TO FORM AND'LEGALITY: CITY ATTORNEY DATE: EFFECTIVE: G.%0RD%Z0NIN4V480. I48 Page 5 1Gq EXHIBIT "A" THAT WHEREAS, John Smart and wife Malinda Smart, are the owners of a tract of land in the John Childress Survey, Abstract No. 253, situated in Tarrant County, Texas, and being the Tract described in a deed to John Smart and wife Malinda Smart of record in Volume 11641, Page 2001, Deed Records, Tarrant County, Texas, said Smart tract being a portion of a tract described in a deed to Mrs. D. 0. Fanning of record in Volume 2232, Page 35, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron found in the South R.O.W. line of Randol Mill Road, said point being the Northeast corner of a tract out of said Fanning tract described in a deed to J. B. Brown etux, of record in Volume 3470, Page 23, Deed Records, Tarrant County, Texas, said point being, by deed call, 239.3 feet varas North, 150.4 varas East, North 929.1 feet and N. 880 - 30' E. 616.7 feet from the Southwest corner of said Childress Survey; THENCE N. 880 - 04, - 34" E. along the South line of Randol Mill Road 213.86 feet to a. 1/2 ,, iron set for corner; THENCE S. 300 - 37' - 41" E. 140.70 feet to a 1/2" iron set for corner; ;CE S. 10 - 301 E. 820.86 feet to a 5/81, iron found at the Southeast corner of the above referenced Smart tract; THENCE S. 890 - 27, - 141, W. 282.39 feet to a 1/2" iron found at the Southeast corner of the tract described in Volume 3470, Page 23, above referenced; THENCE N. 10 - 30, W. 937.48 feet along the East line of the last referenced tract to the POINT OF BEGINNING and containing 6.002 acres. (40-" GAORDOONPI6480.118 Page 6 qr It City of Southlake, Texas MEMORANDUM September 30, 1994 TO: Honorable Mayor and Councilmembers FROM: Curtis E. Hawk, City Manager SUBJECT: LONE STAR GAS RATE CHANGE, 2ND READING Attached is a copy of Lone Star Gas rate change settlement and Ordinance 609. On September 6, 1994, Council approved a 35-day extension to the rate change which will expire October 11. Therefore the second reading of the ordinance will be held at the October 4 Council meeting. /lc "-Acs'� a SEP-30-94 FRI 14:42 ARLINGTON CITY ATTORNEY FAX NO, 8174596897 P,02/14 september 30, 3 994 OW108 of the City Attomey To: Lone Star Gas Cities D;atributfvn List FAOXS Jay H. Doegey, Cit y City of Arlington 9;UBJWT: Lone star Gas Rate C e Settlament Tho Cities' negotiating team representatives recommend the following proposed settlement in the Lone star Gas rate case: 1. Annual revenue increase of $675,500.0o (when we ran the schedules it turned out to be $675,635). 2. Residential customer charge of $5.00. 3. Commercial customer charge of $12.00. 4. No weather normalization clause. 5. An automatic adjustment clause for changes in municipal franchise fees. q pal 6. All Cities will be brought up to the 4% franchise fee level based on gross receipts as defined in existing franchises. The cost of bringing Cities up to the 4% level (Grapevine, Pantego and Trophy Club) is included within the revenue requirements of the settlement and will not be surcharged to those individual cities. 7. No surcharging of rate case expense. Lone Star car, will pay Cities, expenses for rate case consultants. 8. Mainline extension provision - allowing Lone Star to charge new customers lying beyond 100 feet (or other limit prescribed in the franchise) for the actual cost Per foot for the mainline extension. 9• Rate design will be worked out within these parameters by Lone Star and the Cities, consultant DUCT. Attachments A and a show the impact of the settlement recommendation on residential. and commercial rates in Grapevine and in Arlington, if adopted. Also attached is a revised model rate ordinance (Attachment C). In order to 2W wet Atut„ s seat 9 Box 231 • AtlRtybn, %ems 7e004-Mi . (aM 45a.saa8 • tom„ 8ff) zas-sai y • FAx (817) 459eM '`1 D-2 SEP-30-94 FRI 14:43 ARLINGTON CITY ATTORNEY s" Lone star Gas Cities SOPtember 30, 1994 FAX NO, 8174596897 P, 03/14 adopt settlement recommendation, you will need to simply insert your City•s name and the appropriate revenue increase Or decrease shown on Attachment D. For example, Euless could adopt the settlement rOCOMmendation by inserting "increase $96,351" in the blanks in Paragraph 1 of the model 'Ordinance; Keller could insert "decrease $139,931". Each City Council should try to complete all readings on this ordinance on or before October i8, 1994, or as soon thereafter as possible. in addition, Grapevine, Pantego and Trophy club should amend their franchises to reflect a franchise fee rate of 4% since Lone Star, by this settlement, has agreed to bring those Cities, franchise fee to 4% without surcharging, Lane Star Gas is being requested to provide a letter to these three Cities agreeing to a franchise amendment setting the fee at 0. Please contact me if you have any questions concerning this matter. JBD/mdg Attachments t1r-->'3 SEP-30-94 FRI 14:43 ARLINGTON CITY ATTORNEY FAX NO. 8174596897 P.04/14 DR OR IR 11 Office of the Qity Attorney September 29, 1994 Ms. Mary Jean Moloney Area Manager Lome Star Gas company 800 East border Arlington, Texas 76010 Dear Ms. Moloney: The cities acknowledge receipt of your September 27, 1994, offer. The Citiesr representatives are willing to .recommend to the City councils the following: (1) An annual revenue increase of $675,500; (2) Residential customer charge of $5.00; (3) Commercial customer charge of $12.00; (4) No weather normalization adjustment; (5) All Cities municipal franchise fees are brought up to 4% level with gross receipts as described in each City's individual franchise- (6) Automatic adjustment clause for changes in municipal franchise fees. The automatic adjustment clause will not be used to accomplish (55) since this cost is covered by (1); (7) No surcharging of rate case expenses. In accordance with GURA, Lone star will pay cities, expenses for rate case consultants; and (8) Main line extension provision - allowing Lone Star to charge new customers lying beyond loo feet*for the actual cost* per foot for the main line extension. � +tee• �c� e.(c � 5L 2W West Abram Street - Baa 231 • A&ujton. Tew-1W04-=1- (817) 09-6878 • (Macro 817) 265.3311 • FAX (817) 499.6897 SEP-30-94 FRI 14:44 ARLINGTON CITY ATTORNEY MS • Mary -TQan Moloney September 29, 1994 Page 2 FAX NO. 8174596897 P, 05/14 DUCI has submitted to Nancy Kcith a revenue requirements breakdown and rate design calculation. The above proposal/recommendation is Subject to the approval of each cities respective City Council. Lone Star will need to Provide to each City affoated by (5) a letter agreeing to a franchise amendment setting the tee at 4t. A copy of this letter iz being distributed to the Mid - Cities Distribution cities with a recommendation to approve the settlement by adoption of an appropriate rate ordinance which is being provided to them. (Attached) JBD Md / g t.. SEP-30-94 FRI 14:44 ARLINGTON CITY ATTORNEY FAX NO. 8174596897 P.06/14 ATTACHMENT A RATE COMPARISON PAGE 1 OF 2 LONE STAR GAS CQMpANY MID -CITIES D1STRISTION SYSTc-m �(fyGT�SdDEN�� SETTLEMENT RATE DESIGN AT $676,500 INCREASE bWNT.E3RATF ZL3TING SET ,E NT CUSTOMER CHARGE $5.00 $5 00 COMMODITY CHARGE S5.18s1 $5.3030 VQIUM XIs N a ZI1 �MFNJ �A EB N_f, 0 1 $5.00 $5.00 moo 0.00% $10.19 $10.30 $0.12 1.15% 2 $15.37 $16,91 $0.24 1.53% 3 $20.66 $20.91 $0.35 1.71 % 4 $25.74 $26.91 $0.47 1.83% 5 $30.93 $31,52 $0.59 1.90% 6 $36.12 $36-82 $0.71 1.96% 7 $41.30 $42.13 $0.82 1.99% 8 $46.49 $47.43 $0.94 2.02% 9 10 $51.67 $56-86 $52.73 $58.04 $1.08 $1.18 2.050A 2,07% 15 $82.79 $84.56 $1.76 2.13% 70 $108.72 $111.07 $Z$S 2.16% 25 $134.66 $137.59 $2.94 2.18% 30 $160.58 $194.11 $3.63 2.20% 35 $186.51 $190.63 $4.11 2,20% 40 $212.44 . $217.14 $4.70 2.21 % 45 $238.37 ' $243.66 $5.29 2.22% 50 $264.31 $270.18 $5.$$ 2.22% 55 $290.24 $296.70 $6.46 223% 60 $316.17 $323.22 $7.055 2.23% 65 $342.10 $349.73 $7.64 2.23% 70 $368.03 $376.25 $8.23 2.23% 75 $393.96 $402.77 $8.61 224% 80 $419.89 $429.29 $9.40 2.24% 85 $445.82 $455.81 $0.00 2.24% 90 $471.76 $482.32 $10.5$ 2.24% 100 $623.61 $536.36 $11.75 2.24% IN t'-� - (o SEP-30-94 FRI 14:45 ARLINGTON CITY ATTORNEY FAX NO,. 8174596897 P.07/14 RATE COMPARISON LONE STAR GAS COMPANY MID-CMC-8 DISTRIBTION SYSTEM SETTLEMENT RATE DESIGN AT $875,5o0 INCREASE ARl.J�GT�C.QI,�M� to ud� ]�MIT�g Rare � TAG -asin-F ENT CUSTOMER CHARGE $8.00 $12.00 COMMODITY CHARD $5-1861 FIRST 20 $6.4695 NEXT 30 $6,1896 OVER 60 $5.0695 A7TACHMENT A PAGE 2 OF 2 DIF MRENCE volt ME EXISTING 39MENT A % 0 $0.00 $12.00 $4.00 50.00% 20 $111.72 $121.39 $0.07 8.65% 30 $163.68 $173.09 $9.50 6.81 % 60 $267.31 $276AB $9.17 3.43% 75 $396.96 $403.21 $0.26 1.58% 100 $626.61 $629.95 $3.34 .0.63% 125 $660.26 $656.69 $0.42 0.019% 150 $785.92 $783.43 ($2.49) -0.32% 175 $915.67 $010.16 ($5.41) -0.59% 200 $1,045.22 $1,036,90 ($8.32) -0.8095 225 $1,174.87 $1,1633.64 ($11.23) -0.00% 250 $1,304.53 $1,290.38 ($14.15) -1.08% 300 $1.563.83 • $1,543.85 (519.88} -1.28% 350 $1,623.14 $1,797.33 ($25.81) -1.42% 400 $2,082.44 $2,050.80 ($31.84) -1.62% 460 $2,341.76 $2,304.28 ($37.47) -1.60% 500 $2,001.05 $2,557.7S ($43.30) -1.68% 550 $2,860.36 $2,811.23 ($49.13) -1.729Y, 600 $3,110.68 $2,084.70 (W.") -1.78% 700 $3,638.27 $3,571.08 ($66,62) -1.03% 800 $4,156.88 $4,078.60 ($7828) -1.88% 900 $4.675.49 $4,686.95 ($89.04) -1.92% 1000 $5,194.10 $5,092.50 ($101.80) -1.98% 1250 $+6,490.63 $6,369.88 ($130.75) •2.01% 1500 $7,787.18 $7,627.26 ($169.90) -2.06% 1750 $9,083,68 48,894.02 ($189.05) -2.08% 2000 $10,380.20 $10,182.00 ($218.20) -2.10% 2500 $12,973.25 $12,898.75 ($276.50) 2.13% 3000 $15,568.$0 $16,231.60 ($354.80) -Z.1595 3500 $18,169.35 $17,766.25 ($393.10) 2.16% 4000 $20,752.40 $20,301.00 ($451.40) -2.18% 4500 $23,345.46 $22.83&75 ($509.70) -2.40% 5000 $25,938.50 $26.370.60 ($600.00) -2.10% m SEP-30-94 FRI 14:46 ARLINGTON CITY ATTORNEY FAX NO. 8174596897 P.08/14 AT1"ACHMENT B RATE COMPARISON PAGE 1 OF 2 LONE STAFF GAS C4MPANY MID -CITIES DIM18TION SYSTI*M RA EVI F REBIDENT►AL TE SETTLEMENT RATE DESIGN AT $G75, J00 INCREASE WlNiEER�7C€ EXITING SECELEMFNI CUSTOMER CHARGE $.5.00 $5.00 COMMODITY cHARG $s.fss0 $5.3036 -- �1t ENCC� Y-OL ME I EXISTING SETTLEMENT 0 $5.00 $5.00 $0.00 0.00% 1 $10.70 $10.30 ($0.39) -3.66% 2 $16.39 $15.61 ($0.78) -4.786/a 3 $22.09 $20.91 ($1:17) -5.32% 4 $27.78 $26,21 ($1.57) -5.64°% 5 $33.48 $31.52 ($1.96) -6.85°% 6 $39.17 $36.82 ($2.35) -6-00% 7 $44.87 $42.13 ($2.74) -6.11 °J 8 $50.56 $47.42 ($3.13) -6.19% 9 SM.26 452.73 ($3.52) -6.26% 10 $61.96 $58.04 ($3.$1) -6.32% 15 $90.43 $84.55 ($5.67) -5-49% 20 $118.90 $111.07 ($7.83) -6.580/, 25 $147.38 $137.50 ($8.79) .8.64% 30 $176.85 $184.11 ($11.74) -G-686A 35 ' $204.33 $190.63 ($13.70) -6.70% 40 $232.80 $217,14 ($15.66) -6,73% 45 $261.26 $243.66 ($17.61) -8.74% 50 $289.75 $270.18 ($19.$7) -0.75% 55 $316.23 $295.70 ($21.53) -6.76% 60 $346.70 $323.22 ($23.48) -8.77% 65 $375.18 $349.73 ($25.44) -6.78% 70 $403.55 $376.25 ($27.40) -6.79% 75 $432.13 $402.77 ($29.35) .6.7gg6 80 $400.60 4429.29 ($31.31) -6_800% 55 $489.08 $456-81 ($33.27) -0.60% 90 $617.66 $482.32 ($35.23) -6.81 % 100 $574.50 $535.36 (939.14) -s.sj % L "1© -cb . SEP-30-94 FRI 14:46 ARLINGTON CITY ATTORNEY FAX NO. 8174596897 P.09/14 A RATE COMPARI80N LONE* STAR GAS COMPANY MID-CIPES DISTRIBTION SYSTEM SETTLEMENT RATE DESIGN AT $676,50o INOREASE GRAPEVINF MU RCLAL..1 IE u. ; Ari'AGHMr;NT 6 PAGE 2QF2 EX G 1 fwTTLEME; T CUSTOMER CHARGE 48.00 $12.00 COMMODITY CHARG $5.201 D FIRST 20 45.$695 $4.9019 NEXT 30 $5,1695 $4.7519 OVER 50 $5.0695 VOLUME M E?QSTING ski ELw�L¢�� lC E 0 $8.00 $12.00 $4.00 50.00% 20 $112.D4 $121.39 $9.36 8.35% SO $161-06 $173.09 512.03 7.47% 50 $259.10 $276.48 $11.36 6.71 % 76 $371.89 $403.21 $25.32 6.70% 100 $496.69 $629.96 $33.28 6.70% 125 $61SA9 $666.69 $41.20 6.690/9 150 175 $734,29 $853.08 $783.43 $910.18 $49.14 $57.08 6.69% 8.69°!0 200 $971.88 $1,036.90 $65.02 6.69% 225 $1,090.68 $1,183.64 $72.96 6.69°% 250 $1,209-48 $1,290.30 $80.90 8.69% 300 $1,447.07 $1,543.85 $98.78 6.09% 350 $1,684.07 $1,797.33 $112.86 6.69% 400 $1,922.26 $2.050.80 $128.64 6.690% 450 $2,159.86 $2,304.28 $144.42 8.69% 500 $2,397.45 $2,557.76 $160.30 6.69% 550 $2,635.05 $2,811.23 $178.18 6.69% 600 $2,672.64 $3,064.70 $192.06 0.09% 700 $3,347.83 $3,571.65 $223.82 6.69% $00 $3,823.02 $4,078-60 $265.58 8.69% 900 $4,298.21 $4,685.66 $267.34 6.69% 1000 $4,773.40 $6,092.60 $319.10 6.080/9 1250 $5,061,38 $6,359.88 $398.50 6.80% 1500 $7,149.35 $7,627.26 $477.90 6.60% 1750 $8,337.33 $8,894.62 $557.30 6.68% 2000 $9,525.30 $10,162.00 $836.70 8.68% 2500 $11,901.26 $12,608.75 $796.50 8.880% 3000 $14,277.20 $15,231.50 $9.rA.30 6.68% 3500 $16,653.15 $17,766.26 $1,113.10 6.68% 4000 $10,029.10 $20,301.00 $1,271-00 G e*% 4500 $21,405.05 $22,835.75 $1,430.70 6.68%, 5000 $23,781.00 $26,370.60 $1,589.50 6.88% SEP-30-94 FRI 14:46 ARLINGTON CITY ATTORNEY FAX N0, 8174596897 P-10/14 ORDINANCE NO. AN ORDINANC$ REVISING THE RATES OF LONE STAR GAS COMPANY IN THE CITY Or PROVIDING FOR CONDITIONS AND REPEAT, OF CONFLICTING ORDINANCES WHIItEAS, on Ray 11, 1994 filed with the City , LOri@ Star Gas eoaof q►saY ("LSGC") ("CITY") a request for an increase In qas utility rates to be charged within CYTY in th $Z,011,e amount or 101 Per antrum within the Mid -Cities Distribution System; and WRNS, CITY, having the suspended the effective date of such proposed increase for a period of time necessary and authorized by law, including time for the continuation of a hearing in progress Pursuant to Section 5.09(d) of the Gas Utility Regulatory Act (GURA), or alternatively, pursuant to its authority under Section 5.07 of GURA, and having considered the same after reasonable notice and public hearing, and findings as to the unreasonableness of the current rates, is of the opinion and finds that the rates of LSGC should he adjusted; NOW THERErORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY of TEXAS: I. That the rates, tariffs and charges for LSGC for gas service sold within CITY be revised to (incrrease/decrease) $ attached Schedule) annually, which Sist a mcmponentc ofedthie $675 itiea Distribution System annual revenue increase of 5675,635. Such schedules of rates, as are approved in accordance herewith, are those under which said LsGC shall be authorized to render from gas service and to collect charges its customers for the sale of gas within the corporate limits of CITY until service and energy Rate SGhadules such time as said may be changed, modified, amended or Withdrawn.. with the approval of the City council. This ordinance also approves the elimination of the Rate Schedule fqr Public Free Schools - N arld the placement of these N SEP-30-94 FRI 14:48 ARLINGTON CITY ATTORNEY FAX NO. 8174596897 P,11/14 customers receiving said rate on the commercial rate set forth in the schedules and tariffs filed with CITY. 11. The rates approved hereby fix the overall revenues of LSGC at a level which will permit LSGC a reasonable opportunity to earn a reasonable return on both its original and adjusted value invested capital used and useful in rendering service to the public over and above Ls6Crs reasonable and necessary operating expenses. The rates approved hereby are just and reasonable. Ill. The rates approved hereby shall be effective with the gas bills rendered on and after October 201, 1994, and enforced as of the date hereof, and shall be charged and observed thereafter until revised according to law. IV. That LSGC shall file with CITY within ten (10) days hereof a revised Schedule of Rates and Tariffs setting forth those rates, tariffs, and charges based upon such increase in total operating revenues as prescribed herein. The rate design jzplemented by such schedules and tariffs shall be in accordance with Schedule 3, attached hereto. Such Schedule of Rates and Tariffs may be modified or amended by the city council within ten (10) days from the date of filing with CITY, otherwise same shall be considered approved as filed. V. LSGC shall reimburse CXTY its costs for consultants and shall also reimburse CITY its reasonable costs for participation in any appeal of this rate case. vI. Any LSGC request for modification of existing tariffs, rates or schedules not specifically addressed herein, is denied_ However, all adjustment clauses, except the gas cost adjustment clause and the adjustment clause for changes in municipal franchise fees, are specifically denied. SEP-30-94 FRI 14:49 ARLINGTON CITY ATTORNEY FAX NO. 8174596897 P.12/14 VII. That the action of the City Council enacting this ordinance constitutes, on the date of its final passage, a final determination of rates for LSGC Within CiTy in accordance with the Gas Utility Regulatory Act. Vill. Nothing contained in this ordinance shall be construed now or hereafter as limiting or modifying, in any manner, the right and power of CITY under the law to regulate the rates and charges of LSGC. IX. That all ordinances, resolutions. or parts thereof, in conflict herewith, are repealed to the extent of such conflict. PRESENTED AND GIVEN FIRST READING on the , 1994, at a regular meeting of then y of CoCity unt 1 of the City of GIVEN SECOND READING, passed and approved on the Texas; and of 1994, b day nays at a regular meeting oa fthe tcity CouncflaofsthedCit-^y Texas. ATTEST: City Secretary x (3) Mayor APPROVED AS TO FORM: City Attorney BY 1. SEP-30-94 FRI 14:50 ARLINGTON CITY ATTORNEY FAX N0, 8174596897 P.13/14 SCHEDULE 3 LONE STAR GAS COMPANY PROOF OF REVENUE CALCULATION ANQRAl-E-D-EmGR-c-& og-nM SETTLF-MEN f RATE DESIGN AT $875,600 INCREASE E ID>= T R )O CUSTOMER CHARGE NUMBER OF CUSTOMERS :..04. "' "64,241 NUMBER OF BILLS 770,892 CUSTOMER CHARGE REVENUES " $3,854,460 COST OF GAS BASE RATE COST OF GAS QUANTITY OF GAS (MCF) $4,42 5,061,463 DISCOUNTED OFF PEAK GAS (MCF) 106,935 GAS SALES REVENUES 26 0 7,475 TOTAL RESIDENTIAL REVENUES RESIDENTIAL REVENUE REQUIREMENT DIFFERENCE S COMI .MIA BATIE PROOF CUSTOMER CHARGE NUMBER OF CUSTOMER 6,374 NUMBER OF BILLS 70,488 CUSTOMER CHARGE REVENUES $30,6711935 630,671.935 $0 $917,856 COST OF GAS BASE RAT IST BLOCK 2ND BLOCK:'`^�6", 3RD BLOCK;,., COST 0F GAS � � !ff.. QUANTITY OF GAS (MCF) 1 ST BLOCK 700,681 2ND BLOCK 571,201 3RD BLOCK 2,6811165 TOTAL QUANTITY OF GAS 3,S52,947 GAS SALE REVENUES $24,376. 17 TOTAL COMMERCIAL REVENUES $21,294,673 COMMERCIAL REVENUE REQUIREMENT $21,294,781 DIFFERENCI= $ ($118) 31 • SEP-30-94 FRI 14:52 ARLINGTON CITY ATTORNEY FAX NO. 8174596897 P. 14/14 IM . SEP-30-94 FRI 14:42 ARLINGTON CITY ATTORNEY FAX NO. 8174596897 P.01/14 4if!G9 Of fhA City OttnMAV COAffdential Attar -nay -Client Privileae Facsisjje September 30, 1994 TO: MAYOR GARY rICKL*S City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 817/488-6796 FAX FROM: JAY DOEGEY City Attorneys Office SUBJECT: Lone Star Gas Rate Case Settlement Number of Pages (including cover sheet): _,,U Should you encounter any problems receiving this transmis- sion, please notify the city Kttorney,s office. Thank You. 2W WaSt Abram Street • BOK 231 • Aridon. TOM 7600e.M10 (SM 4M48 8 - {Mato 817) 2 rr=1 - FAX (ain 459-ow City of Southlake, Texas RN MEMORANDUM September 30, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-104 Rezoning Request / Ordinance No. 480-149 REQUESTED ACTION: Rezoning for the proposed Lot 5 of the H. Granberry No. 581 Addition, being 6.794 acres of land situated in the H. Granberry Survey, Abstract No. 581, Tracts 1D, 1D1 and 1E. LOCATION: West of South White Chapel Blvd. adjacent to Timber Lake Phase L at 700 S. White Chapel Blvd. OWNER/APPLICANT: Mark L. Struhs CURRENT ZONING: "SF-1" Single Family Residential District REQUESTED ZONING: "RE" Single -Family Residential Estate District LAND USE CATEGORY: Medium Density Residential/100 Year Flood Plain NO. NOTICES SENT: Nine (9) RESPONSES: One written response received within the 200' notification area: * William E. LaFavers, 620 S. White Chapel Blvd., see attached letter. P & Z ACTION: September 22, 1994; Approved (3-2-1) ZA 94-104 Rezoning Request STAFF COMMENTS: The applicant will apply to the Board of Adjustment for a variance to the 300' lot width requirement for property zoned "RE". Yl� KPG/bls GAWPF\MEM0\CASES\94-1047_WPD $A-1 September 22, 1994 Planning & Zoning Commission City of Southlake Southlake, TX REFERENCE NO. ZA94-104 & ZA94-105 Due to being out of town I will not be able to personally appear at the public hearing on September 22, 1994 at 7:30 p.m. regarding the above reference numbers. My property is adjacent to the Mark L. Struhs property that is being presented for change in zoning from "SF-l" Single Family Residential to "RE" Single Family Residential Estate District. I have been advised that this zoning change would affect the lot size of my property should it be developed. I am told that the lot size requirement would go from a minimum of 20,000 square feet to a minimum requirement of 30,000 square feet, but that this would only affect (if developed) the lots that immediately adjoin the Mark Struhs property. This could lower the sales value of my property by causing it to have to be subdivided into the larger 30,000 square foot lots. I have no problem with the Mark Struhs property where his home is located being zoned "RE" from "S171". I can understand and appreciate his wanting to protect his estate in this manner. However, I do have a serious problem with changing the zoning on the 60' wide road that runs from Whites Chapel Blvd. to the Struhs main property where his home isiocated. It does not make sense to re -zone a 60' wide strip that is too narrow to build on or is only used for a driveway, so that it would affect the adjoining property to such an extent. Re -zoning this long, narrow strip could cause significant value loss to my property when and if it were to be developed. I will support the zoning change from "SFI" to "RE" for main block of the Mark Struhs (approx 5 acres) where their home is located, which is adjoining the West side of my property. But, I am opposed to changing the zoning from "SF I" to "RE" on the long 60' wide road that adjoins the South side of my property. Thank you for your consideration in this matter. Sincerely, William E. La av 620 South Whites apel Southlake, TX 76092 Va - a Tirii �►li I�\ U m � (�j N Ln a --4- a - E N mw od ro w " 0 Y a m U Q CD m m Cl) cc z C7 3: Z 0 ~ O z N W Q Q z Q -. .� IN N CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-149 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�� MORE FULL C "A" FROM SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as R+� R411a I str dt.Nunder the City 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 GAORMZONING\480.149 Page I n changes should be granted or denied: safety of the motoring public and the pedestrians using the (low facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: G\ORDVONINGW80.149 Page 2 8A- t� Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development (aw 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 GAORDNZONINGN480.149 Page 3 ?A- 9 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 GA0PM\Z0NNGW80.149 Page 4 A 14 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: GAORMONINQ480.149 Page 5 VA-q X EXHIBIT "A" WHEREAS, MARK L. STRUHS is the owner of a 6.794 acre tract of land in the H. Granberry Survey, Abstract No. 581, situated in the City of Southlake, Tarrant County, Texas and being that tract described in deed recorded in Vol. 9131, Pg. 1681 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 3/4" iron pin found at the Northwest corner of a tract of land conveyed to William Casner by deed recorded in Vol. 7263, Pg. 1943 of the Deed Records of Tarrant County, Texas, said pin being by deed call N 00*30' E, 2714.66 feet from the Southwest corner of the Granberry Survey, said pin also being the Southwest corner of the herein described tract of land; THENCE N 00030'00" E, 620.02 feet a 5/8" iron pin found at the Southwest corner of Lot 9, Block 2 of Lake Crest, an addition to the City of Southlake, Tarrant County, Texas as recorded in Cabinet A, Slide 1541 of the Plat Records of Tarrant County, Texas, said pin also being the Northwest corner of the herein described tract; THENCE S 88056'29" E along the South line of said Lot 9, Block 2 and along the South line of Lot 8 and Lot 7, Block 2 of said Lake Crest, 390.62 feet to a 1/2" iron pin found on the South line of said Lot 7, Block 2, said pin being at the Northwest corner of a tract conveyed to William Lafavers by deed recorded in Volume 10581, Page 405 of the Deed Records of Tarrant County, Texas, said pin also being the Northeast corner of the herein described tract; r THENCE S 00°33'22" W along the West line of said Lafavers tract, 557.97 feet to a 1/2" iron pin set at the Southwest comer of said Lafavers tract; THENCE S 88055'09" E along the South line of said Lafavers tract, 903.40 feet to a 3/4" iron pin found at the Southeast comer of said Lafavers tract, said pin being on the West right-of-way line of White Chapel Boulevard (County Road No. 3016) (50' ROW), said pin also being the Eastern most Northeast corner of the herein described tract; THENCE S 00°47'59" W along the West right-of-way line of said White Chapel Boulevard, 60.16 feet to a fence corner found for the Northeast corner of said Casner tract, said fence corner also being the Southeastern most corner of the herein described tract; THENCE N 88055'09" W along the North line of said Casner tract, 903.14 feet to a 1/2" iron pin set; THENCE N 89013'00" W along the North line of said Casner tract, 390.00 feet to the POINT OF BEGINNING and containing 295,968 square feet or 6.794 acres, with 0.023 acres being dedicated for right-of-way, leaving a net remainder of 6.771 acres of land. GAORMZONWGW90.I49 Page 6 • City of Southlake, Texas September 30, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-105 Plat Showing • REQUESTED ACTION: = Plat Showing of Lot 5, H. Granberry No. 581 Addition, being 6.794 acres of land situated in the H. Granberry Survey, Abstract No. 581, Tracts 1D, 1D1 and 1E. LOCATION: West of South White Chapel Blvd. adjacent to Timber Lake Phase I, at 700 S. White Chapel Blvd. OWNER/APPLICANT: Mark L. Struhs CURRENT ZONING: "SF-1" Single Family Residential District REQUESTED ZONING: "RE" Single -Family Residential Estate District LAND USE CATEGORY: Medium Density Residential/100 Year Flood Plain NO. NOTICES SENT: Nine (9) RESPONSES: Two written responses were received within the 200' notification area: * James Branton and Janie Hammers, 611 S. White Chapel Blvd., undecided about; would like further information. * William E. LaFavers, 620 S. White Chapel Blvd., see attached letter. P & Z ACTION: September 22, 1994; Approved (5-1) ZA 94-105 Plat Showing subject to the Plat Review Summary dated September 16, 1994. STAFF COMMENTS: Applicant has met all the review comments of the first Plat Review Summary dated September 16, 1994 with the exception of those items addressed in the attached second Plat Review Summary dated September 30, 1994. The Applicant has applied to the Board of Adjustment for a variance to the 300' lot width requirement for property zoned "RE". Should the variance not be approved, the plat could not be filed. h' KPG/bls GAWPHIMEM0\CASES\94105PS.W PD September 22, 1994 Planning & Zoning Commission City of Southlake Southlake, TX REFERENCE NO. ZA94-104 & ZA94-105 Due to being out of town I will not be able to personally appear at the public hearing on September 22, 1994 at 7:30 p.m. regarding the above reference numbers. My property is adjacent to the Mark L. Struhs property that is being presented for change in zoning from "SF-1" Single Family Residential to "RE" Single Family Residential Estate District. I have been advised that this zoning change would affect the lot size of my property should it be developed. I am told that the lot size requirement would go from a minimum of 20,000 square feet to a minimum requirement of 30'000 square feet, but that this would only affect (if developed) the lots that immediately adjoin the Mark Struhs property. This could lower the sales value of my property by causing it to have to be subdivided into the larger 30,000 square - foot lots. I have no problem with the Mark Struhs property where his home is located being zoned "RE" from "SF1". I can understand and appreciate his wanting to protect his estate in this manner. However, I do have a serious problem with changing the zoning on the 60' wide road that runs from Whites Chapel Blvd. to the Struhs main property where his home is located. It does not make sense to re -zone a 60' wide strip that is too narrow to build on or is only used for a driveway, so that it would affect the adjoining property to such an extent. Re -zoning this long, narrow strip could cause significant value loss to my property when and if it were to be developed. I will support the zoning change from "SFI" to "RE" for main block of the Mark Struhs (approx 5 acres) where their home is located, which is adjoining the West side of my property. But, I am opposed to changing the zoning from " S F I " to "RE" on the long 60' wide road that adjoins the South side of my property. Thank you for your consideration in this matter. Sincerely, William E. La av 620 South Whites apel Southlake, TX 76092 Was All . LL� L� L� L� w W F1 N > U m (n m O. cc CD I a cn co LL = i m a cc W, m Q Ln = a = m W C-6 YE O OC 0 O Y a m U Q c9 a Ln Y �T zT o_> m � . N / —, U Q Qo L\s City of Southlake, Texas Case No: ZA 94-105 Review No: Two Date of Review: 09/30/94 Project Name: Plat Showing - Lot 5 H Granberry No 581 Addition OWNER/APPLICANT: Mark L. Struhs 700 S. White Chapel Blvd. Southlake, TX 76092 Phone: (817) 284-0114, ext. 202 Fax: ENGINEER/SURVEYOR: Goodwin & Marshall, Inc. 6001 Bridge Street, Suite 100 Ft. Worth, TX 76112 Phone: (817) 429-4373 Fax: (817) 446-3116 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/26/94 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. 1. Show the ultimate 100-year floodplain limits and tie down the ultimate condition 100-year floodway by metes and bounds. Designate the area inundated by the ultimate 100-year storm as a drainage easement. * Before the approval of this plat, the applicant will need to obtain a variance for not having the minimum 100' lot width. * 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 I V or 14" paper) with original signatures and seals on each. * Denotes Informational Comment cc: Mark L. Struhs Goodwin & Marshall, Inc. `?C -5 pq City of Southlake, Texas September 30, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-113 Rezoning Request / Ordinance No. 480-151 REQUESTED. ACTION: Rezoning for 0.987 acres situated in the WilliamW.. Hall Survey, Abstract No. 687, being a portion of Tracts 3A and 3B. LOCATION: North side of F.M. 1709 approximately 375' East of N. White Chapel Blvd. OWNER: Pleasant Hill Advent Christian Church, Jeroll Shivers, Trustee APPLICANT: Dr. Greg Wright CURRENT ZONING: "CS" Community Service District REQUESTED ZONING: "O-1" Office District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Fourteen (14) RESPONSES: Two written responses received from within the 200' notification area: * Dr. Robert J. Montoya, 809 Pearl Dr., opposed; the subject property is located at a high point and "0-1" zoning would be intrusive to adjacent properties. * Jerry Pettengill, 131 E. Southlake Blvd., in favor; over -expansion and over -building of Southlake would be better served by churches and 3/4 acre lot homes rather than strip centers, etc. One written response received from outside the 200' notification area: * Betty Springer, SPIN Rep., 1024 Mission Dr., in favor. P & Z ACTION: September 22, 1994; Approved (4-2) ZA 94-113 Rezoning Request R�.' KPG/bls G AW PF\MEMO\CASES\94-113. W PD. rf --l.Tdi r ►li IA\ _ �.. 3C s Spin # 10 Representative Betty Springer j R. Boyd '� "SF-1 "! R. Montoya 1709 Partners ! j "C-2" 1 N "" C-2 State of Texasj ".SF-1 "I . C. Garrett I S. Petras "SF-1 " Barfield Building D. Stoner / "SF-1 J. Lewis'i '^ EAST- I _ T � u a S1 White Chapel Cemetary 5G 5G1 cs"!Aj Pleasant Hill Adv Christian I "AG c � c aD o_ l ADJACENT OWNERS AND ZONING TR 5H of Texas — "AG", S. Garrett 11 Sfl lltH SF 10 Ac CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-151 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 AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT ..A.. FROM TO :.; m 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 FO PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING AN EFFECTIVE DATE. WFIWAS, the City of Southlake, Texas is a home rule Ci mg qnder its Charter adopted by the a rate pursuant to Article XI Se exas Constituti n and Chapter 9 of the Texas Local Government o e; and. WHEREAS, pursuant to Chapter 211 of the Local Government Code, e City has the authority to adopt a comprehensive zoning ordinance and map regulating the loc tion and use of buildings, other structures and land for business, industrial, residential and other p rposes, 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"nily ttft 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 GAORMZONINGM0.151 Page 1 Q L� Oc ^ 1 M 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: GAORMZONINQ480. l51 Page 2 ^E; Bei acre tract of land situated in the' all 68Kbe _.w and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "CS'.��Curnurut Sce Dtct to 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 o€ said.Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the.zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court G:\ORD\ZONING\480.151 Page 3 N 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. fun 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 GAORWONING480.15I Page 4 - 9 IN APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: c:\oan\zoNINQ480.151 Page 5 EXHIBIT "A" A TRACT IN THE WM. W. HALL SURVEY, ABSTRACT NO. 1709, SITUATED IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND BEING THE TRACT DESCRIBED IN A DEED FROM CLAY CROPP ETUX TO TEXAS SECOND ADVENT CHURCH CONVERENCE OF RECORD IN VOLUME 1739, PACE 597 AND A PORTION OF THE TRACT FROM C. J. WALL TO SECOND ADVENT CHRISTIAN CHURCH OF RECORD IN VOLUME 985, PAGE 564, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a cc crete monument in the East line of the tract described in Volume. 1739., page, 597,. above_ referenced,.. said ._poi.*.t being the Northeast_ corner of a tract described in a deed to State of Texas of record in Volume 11451, Page 1202, Deed Records, Tarrant County, Texas. THENCE N. 820 - 14, - 32" W. (base bearing Volume 11451, Paqe 1202; 179.42. feet along a Northerly line of the last referenced tract to a concrete monument found for corner; THENCE N. 860 -- 52' - 35" W. 145.88 feet continuing along the Northerly line of the last referenced tract to a 5/8' smooth TDOT iron found in the East line of Lot 6, Block 6, Diamond Circle Estates, as shown on a plat of record in Volume 388-81, Page 69, Plat Records, Tarrant County, Texas, THENCE N. 30 - 44' - 49" E. along the West line of the tract described in Volume 985, Page 564, above referenced, and continuing along the West line of the tract described in Volume 1739, Page 597, above referenced, 149.19 feet to a '," iron found at the Northwest corner of the last referenced tract; THENCE S. 850 - 40' - 44" E. with the North line of the last referenced tract and the South line of Lot 8, Block 6, Diamond Circle Estates, above referenced, and with a brick wall 315.50 feet to a point on said brick wall at the Southeast corner of said Lot 8, Block 6, being the Northeast corner of the herein described tract; THENCE S. 00 - 17, - 47" W. 138.38 feet with the West line of Lot 9, Block 6, of said Diamond Circle Estates, same being the East line of the tract described in Volume 1739, Page 597, above referenced to the POINT OF BEGINNING and containing 42,975 F/- square feet .- 0.987 acres. G:\ORD\ZON 1NG\480.151 Pagc 6 City of Southlake, Texas MEMORANDUM September 30, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-114 Plat Showing REQUESTED ACTION: ;; • ',Plat Showing of•Lots,4 & 2, T.13-aster No. 474. Additidh,'beYng2.96" acres situated in the Thomas Easter Survey, Abstract No. 474, Tracts 11D5, I lD5A and I ID513 LOCATION: South side of Crooked Lane approximately 900' East of South Kimball Ave. adjacent to Whispering Woods Circle OWNERS: Johnny and Edna Beech and Mickey D. and Rose Kendrick APPLICANT: Walter W. Ward CURRENT ZONING: "SF -IA" Single Family Residential District LAND USE CATEGORY: Low Density Residential (Within 65 Ldn Airport Overlay Zone) NO. NOTICES SENT: Ten (10) RESPONSES: Two written responses received with the 200' notification area: * Johnny L. and Edna Beech, 1000 S. Kimball Ave., in favor. * E.C. White, P.O. Box 465, Whiteface, Texas, in favor. P & Z ACTION: September 22, 1994; Approved (6-0) ZA 94-114 Plat Showing subject to the Plat Review Summary dated September 16, 1994 deleting items #9 and # 10 regarding lot lines. STAFF COMMENTS: The Applicants are submitting the plat for two reasons: 1. Mr. and Mrs Kendrick are purchasing approximately 1/4 acre from the Beech family to make their lot be in conformance with the minimum one -acre requirement for the "SF -IA" district. 2. Mr. and Mrs. Beech are platting in order to build one single-family Residence. The Applicant has met all the review comments of the first Plan Review Summary dated September 16, 1994 with the exception of those items addressed in the attached second Plan Review Summary r"► dated September 30, 1994. KPG/bls GAWPFW MO\CASES\94-114PS.WPD Q�_ min T.Yab A it Fil t - -- ---- - ------- Spin # 7 Representative Pete "AG"� E.,C.. Whitel --- ------- ------- ------ ------- / >J 11D3 B. Struernpler' SF-1 D. Roberts "SF-1 11DI J. . McCue, L Morrison O "SF-1 I. Johnson M. Woody, 11 "SF-1 3 B 3 "AG" L. Kaposta 3 Ac 3 ,.AG" 6.15 Ac l "AG" 11D4 "AG" W. Wallace ADJACENT OWNERS AND ZONING 13D -S IR.m C�J a z i L� 4, G� vie r� Dse g•�• i ,�f�` Ty� Ar EA`3TtifZP W 74.0 SKETCH SHOWING LOCATION OF IMPROVEMENTS ON PROPOSED LOT 2, T. EASTER NO. 474 ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS. WARDSURVEYING COMPANY P.O. sox 820253 FORT WORTH, TEXAS 76182-0253 18171 281-5411 z City of Southlake, Texas - PLAT REVIEW SUMMARY Case No: ZA 94-114 Review No: Two Date of Review: 09/30/94 Project Name: Plat Showing - Lots 1 & 2. T. Easter No. 474 Addition OWNER/APPLICANT: Johnny & Edna Beech 1000 S. Kimball Ave. Southlake, TX 76092 Phone: Fax: Mickey & Rose Kendrick 2401 Crooked Lane Southlake, TX 76092 Phone: Fax: ENGINEER/SURVEYOR: Ward Surveying Company P.O. Box 820253 Ft. Worth, TX 76182-0253 Phone: (817) 281-5411 Fax: (817) 838-7093 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED•BY THE CITY ON 09/26/94 -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. 1. The following changes are need with regard to the legal description: A. Provide the missing deed reference. B. Resolve the discrepancy between the legal and the graphic for the length of the boundary curve in Whispering Wood Circle. 2. At the request of DFW airport, a new avigation easement is being drafted. Please delete the avigation easement as shown and contact city staff for the new language. (At the time of this review, the new language and procedures have not been finalized.) 3. To ensure adequate building setbacks, please prepare a separate exhibit showing the existing improvements on the Kendrick property, the proposed lot lines and distances to property lines. 4. The common line of Lots 1 & 2 is not perpendicular. 5. The subdivision ordinance requires a minimum lot width of 125' at the rear property line adjacent to any property that is currently zoned one acre or larger. The southeast line of Lot 2 is less than 125'. 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: Johnny & Edna Beech Mickey & Rose Kendrick Ward Surveying Company A A ON: pq LL Z® �D- Cp Bid Tabulation Bidders Bicentennial Park �� r ArckOechAl Southlake, Texas Se tember 30,1994 k;ic- 131akG Wi MieS Base Bid 10 E537, 000 It WI 251 2, 247 000 Alternate #1 - Add 1350 L.F. six-foot trail 10-75 171SW W,2co Alternate #2 - Add C.M.U. Wall 20,500 (o Q72 ZZ,QDO Alternate #3 - Add Modified topsoil Mixture 3a,% 34,50o 15iOCO Alternate #4 -Deduct Add Sherman Poles with Musco — I,500 — 1500 —4500 Alternate #5 -Deduct Add Sherman Poles with Qualite 4 9,2oo + (0 ,7Z0 f &,000 Alternate #6 - Add Adjustments @ Fields #1 & #2 13"CDO �SIV514,000 Alternate #7 - Deduct Drill Seeding —7. 0oo — ZovO —$ 000 Alternate #8 - Add Sod Adjacent to Paving 4:500 3,c150 S600o Alternate #9 - Add Batting Cages 3�i000 9 SOO 7-31000 Alternate #10 Add 1170 L.F. Pipe Fence , Z, coo ;)-7, 700 Z 11000 Alternate #11 - Add Duplex Lift Station 51000 4,2-5o 4 , oo0 Alternate #12 - Add Remove 0Asphalt replace with rj5 000 r 4 app 74 OOO concrete i Alternate #13 Add Pond Excavation 17,500 J Z, (o00 13, 000 Alternate #14 - Deduct Add Rainbird Irrigigation Equipment —1,&00 —Z 7-00 i Alternate #15 - Add Completion of selected elements 80, O00 ZOOI 000 $-3r000 by Aril 1, 1995 Addenda #1 v !/ Addenda #2 Calender Days to Completion 3CO3 Zn 270 Bid Guaranty r ✓ ✓ City of Southlake, Texas 0 September 30, 1994 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Resolution 9446, Establishing Fee Schedule In September 1993, the City Council approved Ordinance 592, which provides for the adoption of a resolution to establish and revise fees for city services, uses, and activities. Resolution 93-47, also approved in September 1993, established fees for Administrative, Community Development, Public Works, and Park activities. In October 1993, Resolution 93-58 was approved, lowering the late payment fee on delinquent utility bills from 10 % to 5 % . Resolution 94-46 is presented for approval. Several changes to the fees are proposed, which are summarized below: I. Administrative Activities. Copy charges are recommended to change from $.55 for the first page plus $.15 for each additional page to $.10 per page. This charge is consistent with General Services Commission recommended rates. II. Community Development Activities. Board of Adjustment requests -increase from $100 to $200 per request. Amendment to the Zoning Ordinance -proposed at $200, previously not included in the fee schedule. Amended plats with less than or equal to four lots -increase in the base fee from $100 to $200. Amended plats with greater than four lots -increase the base fee from $200 to $300. Plat Showing 1 lot -reduce from $300 to $200 the base fee. Mapping fees are expanded to include charges for color maps and 11" x 17" plat copies. The fee adjustments are proposed to more closely reflect the amount of time spent by Community Development staff in processing the various requests. III. Public Works Activities. Additional recycling bin charge is removed, since Laidlaw does not charge the City for the additional bins as Lakeside Sanitation had before. Illuminated sign permits (electrical) fees are added at $35 each in addition to the regular sign permit fee. The Water Well permit fee is proposed to increase from $30 to $42 and the Culvert and/or Approach Permit from $30 to $42. IV. Park Activities. The annual registration fee of $25 is not refundable, therefore the reference to this in the fee schedule is deleted. Ballfield fees with no lights are proposed at $7.50 per 1 and 1/2 hour time slot. This fee will cover field preparation. The ballfield lighting fee is proposed to increase from $10 to $15, with an expanded time of 1 and 1/2 hour. The tennis racket rental fee is proposed to decrease from $2.50 to $1.50 per hour. 4 OR OR RESOLUTION NO. 94-46 ' A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING RESOLUTIONS NO. 93-47 AND 93-58; PROVIDING THAT THIS RESOLUTION SHALL BE CUMULATIVE OF ALL PROVISIONS OF RESOLUTIONS NO. 93-47 AND 93-58; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake heretofore adopted Ordinance No. 592 providing for the adoption of fees and revisions thereto from time to time by resolution; and WHEREAS, the City Council with Resolutions No. 93-46 and 93-58 set a schedule of fees for certain services; and, WHEREAS, the City Council has reviewed the current fees for certain services, uses, and activities and has determined that said fees should be revised. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That this resolution shall be cumulative of all provisions of Resolutions No. 93-47 and 93-58 of the City of Southlake, Texas; except where the provisions of this resolution are in direct conflict with provisions of such resolutions, in which event the conflicting provisions of such resolutions are hereby repealed. Section 2. Schedule of Fees: The following schedule of fees shall be established and periodically updated by the City Council: I. Activity SCHEDULE OF FEES Administrative Activities 1. NSF Check Return Charge 2. Copy Charges 3. Water Service Customer Listing 4. Water Customer Mailing Labels 5. Offense/Accident Report Copies 6. Burning Permits Fee $ 20.00 P ge, L _ [ n . , —adrtre-rala $ 1.00/computer page $ 35.00 $ 4.00 ea. $ 0.00 7. Ambulance Fees: Transport -Baylor, Grapevine (w/o oxygen) $150.00 Transport -Baylor, Grapevine (with oxygen) $160.00 Transport -Other Hospitals (w/o oxygen) $300.00 Transport -Other Hospitals (with oxygen) $310.00 Activity 8. House Moving Permit 9. Solicitation/Vendor Permit 10. Seasonal Permits 11. Vital Statistics: Certificate of Death Fee $ 10.00 + $1,000 Surety Bond + 1.5 x hourly rate of 2 police officers utilized in the move $ 35.00 (Co. license) + $10.00 / Agent + $1, 000 Surety Bond $ 25.00 $ 9.00 / 1st copy 3.00 each add'l copy at time of initial request Certificate of Birth $ 11.00 / copy II. Community Development Activities 6. Zoning and Site Plan 7. Zoning/Concept & Site Plan 8. Specific Use Permit 9. Site Plans 10. Amended Plat s 4 lots 11. Amended Plat > 4 lots 12.Plat Showing (1 lot) 13. Plat Showing (multiple lots) $300.00 + $10/Acre $500.00 + $10/Acre $200.00 + $10/Acre $300.00 + $10/Acre ...................... 20/Lot/Res $3 + $ 2 0 /Ac / Comm ..................... #+ $20/Lot-Res }` 9 + $ 2 0 /Ac . - Comm ...........:.......... ...................... ...................... + $ 2 0 / Lot - Re s + $ 2 0 /Ac / Comm $300.00 + $20/Lot-Res $300.00 + $20/Ac.-Comm IN A Activitv 14. Preliminary Plat (Non-P.U.D) 15. Preliminary Plat (P.U.D.) 16. Final Plat (Non-P.U.D.) 17. Final Plat (P.U.D.) 18. Plat Revision 19. Plat Vacation 20. Rush Plat Filing 21. Two -County Filing 22. Extra Plat Page Filing ................... 23. Mapping (1:1000) -maw 24. Mapping (1:2000)- Fee $300.00 + $20/Lot-Res $300.00 + $20/Ac.-Comm $300.00 + $30/Lot-Res $300.00 +$30/Ac.-Comm $300.00 + $20/Lot-Res $300.00 + $20/Ac.-Comm $300.00 + $30/Lot-Res $300.00 + $30/Ac.-Comm $300.00 + $20/Lot-Res $300.00 + $20/Ac.-Comm $200.00 Flat Fee $300.00 Flat Fee $ 50.00 Flat Fee $ 20.00 Flat Fee $ 20.00 per Map 5.00 per Ma .......�w'.i}iii}iiiii'.:i+iiii}}iiiiii"4}i}ii}iii}}y: .y• .-:iF.'.-1...: n;: {;: n}}; }•:.}':::::::::w::: -w::. �:::::::::::::::: w:::::::•::•• :v::::::::::::::: 4ii:iry:Yiiiii:::::i::i::i::i :i::.` ::v .. i ::::.MS- :.�: •.::.:•:.!. !• Ti?:isL:i::::i::::i:ii::i:i:::i ii::i::}S:ij::j v;::•;.;,.:i?;:,::.i::i:::j::.ij':::jjisisi s:i::i:{::v:::ii:::i:::i:::ii: 26. Street Name Change $100.00 per Street 27. Temporary Batch Plant Permit $ .00 per Permit 28. Tree Removal Permit $ .00 per Permit 29. Parkland Dedication- Raw acreage cost $25,000.00 per acre III. Public Works Activities Activitv Fee 1. Administrative Processing Fee 2t Actual Const. Cost 2. Computer Drainage Study: HEC I: HEC II: 3. Construction Inspection $400.00 + $.10/Lin.Ft. $400.00 + $.10/Lin.Ft. 3% Actual Const. Cost 4. Street Cut Permit $ 15.00 per Street Activity Fee 5. Easement Abandonments $150.00 Flat Fee 6. R.O.W. Abandonments $150.00 Flat Fee 7. Easement/R.O.W. Dedications $100.00 per Easement 8. Water Tap Fee 1" Meter - $ 360.00 2" Meter - $ 600.00 4" Meter - $ 1,900.00 6" Meter $ 2,777.00 8" Meter - $ 4,054.00 9. Sewer Tap Fee $ 75.00 10. Water Administrative Service Charge $ 15.00 11. Water Deposits: Residential Accounts $ 50.00 Commercial Accounts Reviewed by Utility Billing Coordinator 12. Fire Plug Meter Deposit (City Meter) $650.00 Fire Plug Meter Deposit (Own Meter) $100.00 13. Water Reconnect Fees for Non -Payment, Business Days Only: 8 a.m.-5 p.m.: 1st/2nd/3rd & subsequent $ 20 / $ 40 / $ 60 After 5 p.m.: lst/2nd/3rd & subsequent $ 40 / $ 60 / $ 80 Weekends, anytime $ 40 / $ 60 / $ 80 14. Water Meter Re -installation Fee $ 50.00 15. Water Meter Reread Fee $ 5.00 16. Damaged or Broken Lock $ 25.00 17. Late Utility Payment Fee 5% of Outstanding Bal. Bin 6.90 18. 18.1 Additienal Reeyeling-Bi-ns Street Light Costs $ per Developer pays installation +2-year operation cost 19. Building Permit Fees Per the currently adopted U.B.0 (Administrative Code) 20. Water Well Permit $ B9.99 Activity Fee 21. Tent Permit $ 15.00 22. Sign Permit, Permanent Type (1 - 50 sq.ft.) $ 50.00 minimum Sign Permit, Permanent Type (> 50 sq.ft.) $ 1.00 / sq. ft. Sign Permit, Temporary Type $ 25.00 ...... .............. ........ ....... .......... w� i IS ........ .. .............. ...................... 24. Culvert and/or Approach Permit $ 99.99 25. Building Contractor's Registration Fee $ 75.00 IV. Activity 1. Non-profit Organizations: Annual Registration Fee Security Deposit Special Events Fee: Lodge in the Park Community Building 2. Other Citizens or Groups: Security Deposit Special Events Fee: Lodge in the Park Community Building 3. Ballfield Fees: Park Activities Fee $ 25.00 (refundable) $ 50.00 (refundable) $ 10. OO/Hr. (3 Hr. Minimum) $ 15.00/Room/Hr. (3 Hr. Minimum) $ 75. OO/Hr. (Entire Bldg.) (3 Hr. Minimum) $ 50.00 (refundable) $ 10.00/Hr. (3 Hr. Minimum) $ 15.00/Room/Hr. (3 Hr. Minimum) $75.00/Hr. (Entire Bldg. ) (3 Hr. Minimum) ::.. ..:. �:::::::.�:::::::::: :•::..::.::.. v............. .......................... .,.[.�.(::::::::::j;:>.;:;:j;:>;:;:j;:>;:;:>;:;iv?:i::::i:::':':•:::::•:::•:::::•:::::•:::::•:::::•:::::•:::'::•ii'}}iiiiiiii::iii{::':•:::•:::•:::•:::•:::::•:::::•:::•'.::::::i?ii::ii:{�:::::i:;:;:;;i:;t:;i.,i;;:y;:;i iii:i...: ?,;i .i:•'+'v}: {:i:::i ::... . iiTi Lat.Y.:iiiiYl •.].i.......................:..:.....:::::::::.v:::::::::::::::::::::::::::::::::::::::::::::::: :v::::... IBM �: :v::::::. �: ..... .. .,{µme. : ::. ..: :: • :::: . . ..:. •: :iti0i4:4}i}ii'-iiii;yr:i::-ii::i•}w.}:::::::::::n�:::::::::::::::::.�::::::::::::::::::::::::::v :w:::::::::::. ::::::::::w :v::::::::::: 1 Lighting Fee $ '«: o . �1�1 }-}- Paid in advance Activity Field Preparation Fees: Weekday Games Weekend Games 4. Organized Athletic Programs S. TV/VCR Rental Fee 6. Tennis Racket Rental Fee Fee Section 2. Payment of Fees: All fees as established herein shall be paid upon the submittal of the appropriate request to the City. No action shall be taken by the City until such time as the applicable fees are paid in full. Section 3. Effective Date: The fees established herein shall be effective upon passage of this Resolution and shall take precedence over any fees previously adopted which are in conflict herewith. PASSED AND APPROVED this the day of ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: ---- ----------_------- City Attorney City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS Bv: 9�Z Gary Fickes, Mayor City of Southlake, Texas MEMORANDUM September 29, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Variance to Sign Ordinance as Requested by Blockbuster Video Blockbuster Video at Southlake Crossing, Southlake Blvd. (F.M. 1709) and Davis Blvd. (F.M. 1938) has requested a variance to the sign ordinance. Blockbuster Video has acquired the comer building, which will have exposure to both Davis Blvd. and Southlake Blvd. The applicants request and the staffs recommendation are as follows: Applicant's Request: • north elevation - facing Southlake Blvd. Applicant requests variance to Section 17A "one sign per street and 100 sq. ft. per street frontage. " Variance to the height of the letters changed from 24 inches to 30 inches. This would create 61.88 sq. ft. of copy on the awning. They also request a 50 sq. ft. "torn ticket" for a total of 111.80 sq. ft. of signage. Our ordinance allows 100 sq. ft. Applicants reason for the request is because of the distance from Southlake Blvd., which is approximately 560 feet. • west elevation - facing Davis Blvd. Applicant requests 30 inch letters instead of the 24 inch letters in the ordinance. Total sign area would be 61.88 sq. ft. • south elevation - Davis Blvd. Applicant requests a small 33 sq. ft. torn ticket sign on the rear column. They state that many potential customers who are northbound on Davis will be attracted by "the logo. " Staff Recommendations: • north elevation - Southlake Blvd. Because of the distance from Southlake Blvd. to the store front, staff is not opposed to the variance request for the larger letters of 30 inch and the additional signage to 112 sq. ft. Council has approved a variance for increased left in this same development for the Albertson's store. Curtis E. Hawk, City Manager Variance to Sign Ordiance September 29, 1994 Page 2. • west elevation - Davis Blvd. Because the distance from Davis Blvd. to the store front sign is 160 ft., staff would not recommend a variance on the heights of the letters from the maximum of 24 inches. The Blockbuster in east Southlake at Park Place has the awning signs with 36 inch letters on one side and 24 inch letters on the other. • south elevation - Davis Blvd. Staff does not recommend that the 33 sq. ft. torn ticket logo be placed on the rear column for the following reasons: a. There are no provisions in the sign ordinance for a third frontage sign. b. The sign will not have a visual impact because of the hill to the south that blocks the view. C. The setting of a precedent for the other stores requesting a rear "frontage" sign. Please place this on the October 4th council agenda for consideration. (aw a�vt BW/sm Attachment wpfiles\memos\biockbus. var `e�-R City of Southlake, Texas MEMORANDUM August 27, 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 BLOCKBUSTER VIDEO AT SOUTHLAKE CROSSING. A variance has been requested by Blockbuster to allow: (L) 30" letter height in lieu of the required 24" (2.) 112 sq. ft. on north elevation in lieu of the allowed 100 sq. ft. (3.) an additional 50 sq. ft. sign on the south elevation that does not face a street. Businesses are limited to one attached sign per street frontage. The variance application fee has been paid. Also, please note that the grade elevations and the trees on the landscape plan will probably hide the sign on the rear. Further, the proposed sign ordinance amendments will limit SIGNAGE to the front facade only and prohibits awning signs. Attachments: Application forms Sign Drawings PW:dc ?1'J A�-,3 City of Southlake, Texas SIGN ORDINANCE REQUEST FOR VARIANCE AUG 1 5 :199.4]] BUILDING DEPT. . CASE NO.: FEE: $100.00 NAME: ,/*-,t/<C,e ADDRESS: ZZZ _ W&SE SOVH A&E (&vD SUITS y7S PHONE: Ar/, i �s7Y LOC/yATION OF APPLICATION: (address/legal description) VARIANCE REQUESTED: dr'yk P461 ;6y it (1•Q /00 t"' 4ff#vA4& �ls� _ s%�a %� d1i?�� o� 30'' �4J�cr �� 5�c �y Nyr-N,J�c•l, PLEASE DEMONSTRATE THAT THE FOLLOWING CONDITIONS ARE APPLICABLE TO THE REQUESTED VARIANCE: 1. That a literal enforcement of the sign regulations will create an unnecessary hardship or practical difficulty on the applicant. 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not // self-imposed. !I'� Drh'aa�k oT fur �CG i it t�t.�v StCC��.eDS�oL . �� City of Southlake, Texas VARIANCE TO SIGN ORD. CASE NO. PAGE TWO 3. That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. Yp r �=/i� G� 40 vto-4 r <j-aid MCP &r 11A aAL LV! M �,e, 4. lS �� dOjr i� SIGNATURE: . ;�44CCOIVV -D�s That the granting of the variance will be in harmony with the spirit and purpose of the sign ordinance. DATE: X25 % Jr- CITY of SOUTHLAKE 667 North Carroll Avenue Southlake, Texas APPLICATION to REQUEST for VARIANCE ZBA CASE NO. FILING FEE: s I OOA) APPLICANT'S NAME: Jack Milner / at,pGKgOS�2 YIPEO TELEPHONE: 817-481-667.9 ADDRESS OF SUBJECT PROPERTY.. 2225 West Southlake Blvd., Ste. #475 LEGAL DESCRIPTION OF SUBJECT PROPERTY: (See Attached) OWNER OF SUBJECT PROPERTY, (IF OTHER THAN APPLICANT): Developer: John Drews, 5440 Harvest Hill Rd., Ste. 150, Dallas, TX 75230 State the SPECIFIC PROVISION of the zoning ordinance for which you are requesting a variance. (You - may give the Section number and paragraph, OR you may DESCRIBE the REGULATION / REQUIREMENT.) .......... Section 17A - "one sign per street" & 100 sq. ft. per street frontage ............................... ...1........................ .......................••............. 0................ .................................................................................................................................. Describe EXACTLY HOW, and TO WHAT EXTENT your request will DIFFER from the REQUIREMENTS of the ordinance, as described ABOVE. (Use REVERSE, or additional sheets if necessary.) Our„req...............estsaprox...12,.s,(. ft..,over.the..limit of.l00.sc�:. fton.the front or ....... ..... ........ ...... North. elevation. with 61.88 sq;..ft,;, of, coDv on. the awning_ and . S0, sq:..ft:., of. torn ........... ............. ..... icket..combined. Also,i_ the.request,includes..a,33,sc�:,,ft:..torn ticket on the rear elevation. lD�- 6 M VARIANCE APPLICATION ZBA CASE NO: Explain why these unique conditions and circumstances make it UNREASONABLE or UNFAIR to apply the STANDARD ordinance requirements to your property: The conditions and circumstances which we feel are unreasonable are the ...,,,... ..................................................................................................................... orientation of the lease spacel��a.::trade dress" issue=..ands the. impulse�nature. of ............................................ . the entertainment industry. While some businesses have structural trade dress, ................................................................................................................................. i:e:�.Kentucky Fried Chicken or Taco Bell with their bell towers, our trade dress . ............................................................................................................ .is our torn ticket and awning which identify us as a Blockbuster. Our business ........................................................................................................................... .is unlike many -- our product is exactly the same as our com etitors, and many .......................................................,.................................. ............................ .people confuse our video store with another. With the marketing dollars we ......................................................................................................................... ,spend we want �eo�le to know they are in a Blockbuster. ......................................................................................................................... ......... Alsot.. .unlike other retailers our. business is extremel impulse oriented. ..... ................................... ............................... �:...................... . .Unlike haircuts. food., mail/shispin :.cleaners etc. which are necessities, the ............................................................................ ,impulse.aspsct of entertainment warrants si na a to attract and induce potential ... .....................................................$....$................................................... customers to act on their impulse. . ....................................................................................................................... ...........V..............................................................................................................0..... .................................................................................................................................. IZ�-7 IN VARIANCE APPLICATION ZBA CASE NO: In order for your request to be granted, the Board of Adjustment must cast FOUR out of five votes in support of your application. In order for the Board members to vote in support of your application, you must prove several things by your application. Your application must clearly show that your property has UNIQUE CONDITIONS and CIRCUMSTANCES which separate it from other typical properties with the same zoning; and explain - how these unique conditions and circumstances make it UNREASONABLE or UNFAIR to apply the. STANDARD ordinance requirements to YOUR property, unlike the way they are applied to all other properties. Describe the CONDITIONS and CIRCUMSTANCES which are UNIQUE to your property and situation: .... The .conditions��and circumstances which are .unique to.our ....... ...................................................... propertyarethefrontageorientations of Davis and Southlake Blvd. to our endcap. •• •• ••... . ••. .............................................••................... 0.......... The setback from our north elevation to Southlake Blvd. is approximately 560 ft. .................................................................................................................................. and the Davis setback is approx. 160 ft; however, we are restricted to 100 sq. ft. .................................................................................................................................. on both the Davis and Southlake Blvd. elevations. The readability of our front signage .................................................................................................................................. is restricted due to the extreme setback and may be further reduced by further .................................................................................................................................. development on the pad sites in front of our store. Typically, Blockbuster would .................................................................................................................................. have a 5 ft. awning with 36" letters in this case. WE are asking for 30" copy on a .................................................................................................................................. 4 ft. awning with a 50 sq. ft. torn ticket which totals 111.88 total sq. ft., or ................................................................................................................................ 11.88 over the allowable total. .................................................................................................................................. .._...,The orientation of our endcap to Davis Blvd. warrants somsignage. While we ........................................................................................ i .. 0. 0.... ................ do not consider this an entire street frontage many potential customers who are ..........................................................................1..................................................... Northbound on Davis will be attracted by the small 33 sq. ft. torn ticket logo .................................................................................................................................. sign on the rear column. .................................................................................................................................. L.................................................................................................................................. �� r v VARIANCE APPLICATION ZBA CASE NO: Additionally, in order for the Board members to vote in support of your application it must be shown that the unique conditions and circumstances which you have described are NOT the result of your own actions. (Actions taken by previous owners and actions_ taken by your agents can be construed as "your actions.") Can you explain how the unique conditions and circumstances affecting your property came to be, AND SHOW that they ARE NOT the result of YOUR OWN ACTIONS: ............................................... Thescoitionsare clearly not a result of our actions. The developer •............................... M................. ...0.............• ,.,and architect have configured..the center to best utilize .................................... ... ................................................ ................................ the landncluing p,a king sand, traffic flow and. available lease soace. .................. ................ .................. ...................................................................................... ......................................................................... 6 ........................................................ Furthermore, the Board must- be satisfied that the variance you are requesting is the MINIMUM deviation from the terms of the ordinance NECESSARY to OVERCOME the unique conditions and circumstances which you have described. Explain how your proposal is the MINIMUM manner by which the unique conditions and circumstances described can be overcome: This is�the minimum because only 12� sq. ft.: in front will give us a ........................ .................• 0.................. 0.......... torn ticket which allows somewhat better readability and fits proportionately ............................................................................................................................... in the parapet/overhang at our entrance. .................................................................................................................................. On the rear elevation the 33 sq. ft. torn ticket is proportional to the ................................................................................................................................. ...column and provides readability to Northbound Davis traffic. It is one of ..................................................................................................................... ...the smallest in the Blockbuster sign package. ................................................ ................................................................. /e��— 1/9 5 VARIANCE APPLICATION ZBA CASE NO: Also, the Board must be convinced that granting such a variance would not constitute an UNFAIR GRANT OF SPECIAL PRIVILEGE to you, granting privileges that are otherwise denied by the ordinance. In other words, why would granting this variance be ONLY FAIR, and NOT MORE THAN FAIR, to you, since others are prevented from doing what you are requesting: This would be only fair due to the nature of our business, the ............ ............................................................................................................... orientation of the space, the size of our space, and.the trade dress issue. .................................................................................................................................. .................................................................................................................................. Finally, the Board must be certain your request is in harmony with the public welfare, and will not in any way be injurious or detrimental to your neighbors and their property rights. SIGNATURE OF APPLICANT: DATE: 8/15/94 YOUR RIGHTS TO APPEAL THE BOARD'S DECISION. LOCAL GOVERNMENT CODE, Section 211.011 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. The petition must be presented within ten days after the date the decision is filed in the board's office. 04 City of Southlake, Texas • September 28, 1994 TO: Curtis E. Hawk, City Manager FROM: Kim McAdams, Park Project Manager SUBJECT: Bicentennial Park Expansion Project - Phase I Consider Approval of Bids for Construction The City Council authorized the staff to advertise for bids for Bicentennial Park Expansion at their September 6 meeting. Construction bids, will be opened Friday, September 30. The SPDC and Joint -use Committee will have a meeting Monday, October 3, to review the park bids and consider approval, as well as, considering our options on the Middle School Gym Joint -use project. If the low bidder is a contractor we are familiar with and the bids are clear and concise, we should be able to have a recommendation for the City Council to consider at their meeting on October 4. If we need to research the bids and consider other options, Council action may not be required at the October 4 meeting. pmoss rourrng"W', jOv-� City of Southlake, Texas — .MEMORANDUM September 27, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Request to Amend the Zoning Ordinance Attached is a letter from Thomas E. McClendon requesting to amend the zoning ordinance to allow a full service car wash. In my letter to Mr. McClendon, I explained the process and restated my position on the issue. My recommendation is that this use be allowed only in the "C-3" General Commercial District with a Specific Use Permit. This procedure would allow the Commission and the Council an opportunity to review a concept plan prior to approval of such a request. Should you have questions regarding this request, please call me at extension 743. Thomas E. McClendon, J.D., LL.M. Board Certified, Taxation Texas Board of Legal Specialization VIA U.S. MAEL Ms. Karen Gandy City HT ' of Sc;:thlake 667 W. Carroll Southlake, Texas 76092 ��amad �• e (l&U&P4 Y v. Attorneys and Counselors at Law Bank of North Texas Building 8701 Bedford Euless Road Suite 202 Hurst, Texas 76053 Telephone (817) 589-7004 Telefax (817) 590-0739 August 23, 1994 Temple H. Drummond, J.D., CPA Re: A tract of land out of the T.J. Thompson Survey, Abstract No. 1502, Tarrant County, Texas, particularly described on Schedule Dear Ms. Gandy: My partner, Gene White, and I would like to request a change of zoning regarding the property above described. As you know, from our previous correspondence, we desire to build a full serve car wash, very similar to Mayfair Carwash, located on Highway 26 in Colleyville. I believe the correct zoning is C-3, SUP, special use permit. You mentioned that the complete process may take several months and at least two meetings with planning and zoning and the city council. Could you please provide us with information regarding the dates of such meetings so we can estimate the time of the procedure. Thank you for your assistance. Should you need any additional information, do not hesitate to contact me. TEM/lj IN Should you have any questions or comments, do not hesitate to contact me. V era t—,,;.y yours, THOMAS E. MCCLENDON, P.C. IIg-7- Thomas E. McClendon v 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: Shana K. Rice City Secretary: Sandra L. LeGrand City of Southlake September 20, 1994 Thomas E. McClendon, J.D., LL.M. 8701 Bedford Euless Rd., Suite 202 Hurst, Texas 76053 VIA FACSIMILE (817) 590-0739 Re: Request to Amend the Zoning Ordinance No. 480 Dear Mr. McClendon: This letter is written to follow-up on our telephone conversation last week regarding the procedure for amending the zoning ordinance. You stated that you and your partner, Gene White, would like to build a full service car wash on Davis Blvd. (F.M. 1938). Currently, the zoning ordinance does not provide for such a use and you would have to request that the zoning ordinance be amended to allow the proposed use. It will be my recommendation that a full service car wash be permitted only in the "C-3" General Commercial District with a Specific Use Permit. To begin the amendment process, you must appear before the City Council ("the Council") and state .your reasons for such a request. If the Council feels that such an amendment warrants review by the Planning and Zoning Commission ("the Commission"), they will direct me to prepare the necessary legal notifications for a public hearing at the P & Z. The Commission will review your request during a public hearing and make a recommendation to the City Council. The Council will consider the amendment during two meetings with the last meeting being a public hearing. These three public meetings take approximately eight weeks. Should the Council approve your request, you could submit a rezoning request and specific use permit (which requires a concept plan of your proposal) on the next available deadline. The requirements for the concept plan are listed in Section 41 of the zoning ordinance. This approval process will take an additional eight weeks. Rezoning applications are $200.00 plus $10.00/acre and specific use permits are also $200.00 plus $10.00/ acre. 667 North Carroll Avenue • Southlake, Texas 76092 �� (817) 481-5581 • FAX (817) 488-5097 Thomas E. McClendon, J.D., LL.M. September 20, 1994 Page Two Please note that I will request that the City Manager place your request on the October 4, 1994 agenda as a discussion item. These items are typically the last items on the agenda and may be placed on hold at the City Manager's discretion. You will need to be in attendance at all the public meetings. Should you have questions regarding the above, please call me at (817) 481-5581, extension 743. Sincerely, CITY OF SOUTHLAKE Karen P. Gandy Zoning Administrator IN IN