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1994-06-21 CC PacketCity of Southlake, Texas MEMORANDUM June 17, 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 June 21, 1994 1. Agenda Item No 4 City Manager's ReportDepartmental Reports are in your packet Please let me or the Directors know if you have any questions. Note there were 70 single family residential building permits in May, up from 60 in April (and up from 44 in May 1993). FYI, as of 5:00 p.m. today we have issued 38 SF permits this month. In all of June 1993, we issued 41 SF permits. 2. Agenda Item No. 5A. Joint Use Construction and Feasibility Agreement for the gymnasium at Carroll Middle School. As pointed out in the memo from Tom Elgin, Planner (our staff liaison to the JUC), this agreement covers construction aspects only. The use agreement will be drafted prior to completion of construction. Note the language concerning the Feasibility and Construction Committee, which should assure that interests of both City and School District are considered fully. 3. Agenda Item No. 5B. Appointment of K-9 for Southlake DPS, Police Services. The appointment of the canine officer is handled just as appointments to the Police and Fire Reserves. The appointment will be reflected in the minutes following approval by City Council. Our experience with the K-9 has been very good. We have effected several drug -related arrests that would have been impossible without the K-9. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 17, 1994 Page 2 4. Agenda Item No. 5C. Award of Bid for 12" waterline improvements north R.O.W. for F.M. 1709, and east R.O.W. for Shady Lane. This includes the Wal-Mart water line. 5. Agenda Item No. 6 is Public Forum. We anticipate an appearance by residents on Carmel Ct. concerning a request to close a portion of the street to public use. They would like for the City to vacate the street for private ownership so that the residents can erect a gate in order to keep out people seeking access to the lake. They have experienced repeated difficulties with people parking in front of their houses, in their drive ways, etc., and walking through their yards seeking fishing spots at the lake. They understand the legal impediments to street closing and they also recognize that the homeowners would be responsible for the maintenance of a private street, however, they wish to explore the issue. They have indicated to us that they will be bringing forth a petition either this Council meeting or the next. 6. Agenda Item No. 7A. 2nd Reading, Ordinance No. 610, Creation of a Youth Advisory Commission and rules for its operation. Please note the revisions to the ordinance at the request of City Council to provide for the appointment of students who are residents of the City of Southlake but who do not attend the C.I.S.D. This would enable students in the other three public school systems within our municipal boundaries, as well as, students enrolled in private schools, to participate in the Southlake Youth Advisory Commission. 7. Agenda Item No. 7B. 2nd Reading, Ordinance No. 611. denying the rate increase for H2M Water System, serving Indian Creek and Lakewood Ridge. This ordinance is brought forth for second reading because it is an ordinance to deny the rate increase. Normally, the City Council would vote to deny an ordinance presented for approval, in which case it would not come forth for second reading. However, ordinances dealing with rate regulation are handled differently because of the appellate opportunities. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 17, 1994 Page 3 8. Agenda Item No. 7C. 2nd reading Ordinance No. 480-124 (ZA 94-39) Rezoning Request, White Chapel Place. There have been no changes on this item since first reading. Note again the SPECIAL ISSUES comments. As I mentioned previously, the greater question is: do we want to encourage subdivision of land that will be served by on -site sewage disposal systems (septic systems), in the Bear Creek drainage basin where municipal sewer service is available? This may seem unfair given the size of the lots, but the drainage area will result in runoff which would, in the event of septic system problems, discharge contaminated water onto developed areas downstream in Timarron. The incontrovertible fact is that almost every large subdivision currently served by on - site sewage disposal has experienced problems, to the extent that we are getting demands for municipal sewer to be extended to the subdivisions. Additionally, I have recently received calls and visits from property owners who are served by municipal sewer, requesting that we do something about the effluent from septic systems which discharges onto or near their property, thereby creating (perceived?) health problems. These same property owners have requested that we prohibit subdivision development to be served by septic systems anywhere in the City. One, Ann Essig, has indicated she will be writing letters. 9. Agenda Item No. 7D. 2nd Reading, Ordinance No. 480-126 (ZA 94-46) City initiated rezoning. Greg Last, Director of Community Development, met with Mr. Norman Brown on 6/9/94 to discuss options for his property located north of Continental along the east side of Carlisle. Mr. Brown expressed more interest in the SF-20 when shown a variety of development options, however, he has not submitted a retraction of his opposition. There have been no other changes since Council's approval of the first reading. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 17, 1994 Page 4 10. Agenda Item No. 7E. 2nd Reading Ordinance No 605 revisions to the Drainage Ordinance. The revisions suggested by City Council have been incorporated into the ordinance. 11. Agenda Item No. 8A. 1st Reading, Ordinance No. 480-126 (ZA 94-48) Rezoning _4 3 acres from AG to SF-1A. There has been no opposition expressed with this request. Note this property is somewhat encumbered by the U.S. Corps of Engineers (COE) flowage easement (elevation 572). The COE is in the process of contacting the applicant to make sure they are aware of any restrictions. The P/Z Commission recommended approval. 12. Agenda Item No. 8B. 1st Reading, Ordinance No. 480-128 (ZA 94-49). Rezoning request for 4.312 acres from AG to SF-1A, and Agenda Item No. 8C, ZA 94-50, plat showing for the 4.312 acres. There are no special issues related to these requests. 13. Agenda Item No. 8D. 1st Reading, Ordinance No. 480-129 (ZA 94-51). Rezoning request for 6.09 acres from AG to SF-1A. There are no special issues related to the rezoning. 14. Agenda Item No. 8E. ZA 94-52. Plat Showing of lots 1,2, and 3 of 6.09 acres involved in ZA 94-51. There are two unusual issues related to the plat request: (1) the inadequate lot width for Lot 3; (2) the extension of Highland per the City's Thoroughfare Plan. Concerning lot width, Greg Last met with Mr. Bailey on 9/24/93 to discuss his intent to acquire approximately 2.4 acres from Kathleen Sumner. Mr. Bailey was made aware of the laws requiring platting prior to the subdivision of property and also the requirement for 100' lot width on all lots. He later purchased the 2.4 acres without the benefit of platting, creating a 68' lot width for Lot 3. He has now submitted a plat in conformance with his acquisition. Options available to City Council include approval of the plat as Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 17, 1994 Page 5 submitted, waiving the lot width requirement, or denying the plat, requiring him to reconfigure his acquisitions. The other issue is the extension of Highland Street (70' R. O. W .) in conformance with the Thoroughfare Plan. The Plan conceptually shows Highland along the southern boundary of this property. There are basically three (3) options to the thoroughfare alignment. They are as follows: A. As shown on Thoroughfare Plan: Align along the south edge of the property in question. This could be entirely on this property, entirely on Mr. Bailey's property to the south, or split between the two. The centerline offset with Woodbrook would be approximately 275 feet. Staff would recommend this property dedicate the offset in the southeast corner as R.O.W. which would allow for either option "A" or "B" to work in the future --depending on how the south tract develops. B. Aligning with Woodbrook: The difficulties with this alignment include the proximity of the existing Bailey home on the south tract and the steepness of the topography just east of Peytonville. Staff would be most in favor of this alignment but for the existing home which would probably have to be removed. At this time, removal of the home is probably unlikely, however, we can anticipate that several years from now a developer may propose to remove the home as a part of a larger development. C. Along the north line: This is the only other location where there does not seem to be conflicts with existing homes. If the adjacent property owners were in favor, this would be a satisfactory alignment. 15. Agenda Item No. 8F. 1st Reading, Ordinance No. 480-130 (ZA 94-54). Rezoning and concept plan for 103.76 acres (Bradley property) from AG to SF-20A. The original Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 17; 1994 Page 6 request was for SF-20. Staff has included a reduced copy of the concept plan in your packet. David McMahan has since amended his request to SF-lA. This amended request does not require a concept plan or any other plan showing street/lot layouts. Since the P/Z Commission recommended denial of the SF-20 request, any approvals by the Council will require a super -majority, including approval of the amended SF-lA request. There was considerable opposition to the SF-20 request at the Commission meeting. Note: the issue of on -site sewage disposal for one acre subdivisions may be brought up by those mentioned earlier, including Mrs. Essig. 16. Agenda Item No. 8G. 1st Reading, Ordinance No. 480-132 (ZA 94-56) Parker's Corner, southwest corner of F.M. 1709 and F.M. 1938. The intended use is for a Kwik Lube. This property is owned by John Drews, developer of the Albertson center. He proposes a subdivision of the property (ZA 94-57) which has already been bisected somewhat by drainage easements required by TxDOT. Most of this property is within the limits of the floodplain and some areas are within the floodway. FEMA allows recover (fill) of the floodway. Staff will insure the finish floors and fill areas are as required. The intended use is permitted in S-P-1. One could envision such uses further down F.M. 1938, however, until the corridor study is complete there is a question whether or not this type of service use is desirable on F.M. 1709. Council may want to seek advice from our attorneys concerning a possible moratorium on this type of development until the corridor study is completed. The drive-in bays to the proposed Kwik Lube front on F.M. 1709. Since this is S-P-1 zoning, you could request something different. Mr. Drews has indicated the layout will only work by fronting the doors on F.M. 1709. P&Z approved the site plan 7-0. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 17, 1994 Page 7 17. Agenda Item No. 8H. ZA 94-57, Plat Revision for Parker's Corner Addition Note especially the comments on the Plat Review Summary concerning setback and construction plans/plat filing. 18. Agenda Item No. 8I. Resolution No. 94-28 (ZA 94-58) Specific Use Permit for equestrian use of 480 W. Highland._ The applicants' current S.U.P. still has three (3) years remaining. They are requesting approval for a period of 35 years. The Commission recommended approval for a 10-year period beginning from the date of approval. Mrs. Davis (across the street) was opposed due to incidents in the past where there was parking on her property. 19. Agenda Item No. 8J. Ordinance No. 480-N, 1st Reading Revisions to Zoning Ordinance relating to amortization of nonconforming u� The purpose of Ordinance 480-N is to provide for the amortization of nonconforming uses in the City. As you are aware, the 1993 L.U.P. identified several nonconforming uses in the City and this revision would facilitate the amortization of those uses in the future should the Council so desire. Note that Karen Gandy, Zoning Administrator, has attached a redline/strikeout copy of the changes to Sections 6.4, 6.5, 6.6, and 6.8 of the current ordinance. Ordinance No. 480-N contains the sections without the highlights, plus new Sections 6.9, 6.10, and 6.11 which provide for the discontinuance or abandonment, destruction, and amortization of nonconforming use. Also, Ordinance 480-N amends Section 44.3 of the Zoning Ordinance by extending to the Board of Adjustment's authority to amortize nonconforming uses. 20. Agenda Item No. 8K. Ordinance No. 613. 1st Reading. Releasing the City's ownership of a portion of Kimball between S.H. 114 and F.M. 1709. This ordinance authorizes the Mayor to execute a quitclaim deed releasing public ownership, interest, and control of a portion of the dedication for a proposed extension of Kimball, to the owners of Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 17, 1994 Page 8 Kimball/ 1709 Addition in exchange for the same amount of additional R.O.W. to the west which will be used for the realignment. The exchange is spelled out in the Agreement set out on page 8L-9 in your packet. The City will exchange the 15,507.04 sq. feet of R.O.W. indicated by the shaded area on Exhibit A, along with $98,016.00 for the 34,610.25 square feet indicated by the shaded area on Exhibit B. (Note the remainder of Lot 1, Block 2 will remain in the ownership of the landowners as previously discussed with City Council.) 21. Agenda Item No. 8L. Ordinance No. 612 1st Reading Vacating and abandoning a portion of North Kimball Avenue between S H 114 and F M 1709 This portion of "new" Kimball became unnecessary with the realignment of the proposed roadway as approved by City Council. The public will benefit from the vacation and abandonment of this portion. 22. Agenda Items 9A-9F are City Council appointments. Applications are in your packet. 23. Agenda Item No. 10A. Extension of Final Plat of Sandlin Estates Mike Sandlin has requested an extension of his final plat, which expired in January 1994. The ordinance provides that City Council may extend the expiration date of a final plat for up to one (1) year upon written petition for such extension, prior to the expiration. Although Mr. Sandlin's final plat has expired, City Council has been lenient in similar situations. We anticipate this issue, since it involves a R.O.W. reservation for the future extension of Chapel Downs Drive, will be of interest to the residents of Oak Hill Estates given their previous interest. Now that C.I.S.D. has purchased property to the north of the plat, there seems to be no need for the reservation. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 17, 1994 Page 9 24. Agenda Item No. 10B. Developer Agreement for Southlake Hills East The memo from Bob Whitehead, Director of Public Works, points out the details that are in addition to or different from the standard requirements. OTHER ITEMS OF INTEREST 25. Reminder: The Council Retreat will be held at the Solana Education Center on Thursday and Friday of next week, June 23 & 24, 1994. The Retreat will begin Thursday evening and conclude mid -afternoon on Friday. A schedule and packet of information will be provided to you on Tuesday evening. 26. The Woodland Heights issue concerning the office development is still unresolved as of this writing. However, we are working on a solution that we will discuss with you Tuesday night in executive session. Related to this issue, City Council questioned whether or not the building would have a permanent foundation. The building is a site -built structure referred to as a pre- engineered building. It is not a pre -built structure. It has a metal frame attached to a permanent foundation engineered for the particular building. After the concrete foundation is placed, the structural framework is erected, and the roof decking is installed, the non load bearing walls are erected. The finishing of the structure is done like a residential building except that the studs are metal rather than wood. Each phase of construction is inspected prior to being concealed (according to regular inspection procedures). Note: the Remax building on F.M. 1709 is of similar construction. 27. The first SPIN Organizational Meeting was held Wednesday evening. Nine Standing Committee representatives attended the meeting, and discussed the SPIN ordinance and Articles of Incorporation, the process for requesting information/action/speakers, available staff support, and the TEAM Focus exercise and strategic planning process in Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 17, 1994 Page 10 which they will be involved. Additionally, we had candid conversation with the group about expectations -- the City's and the Standing Committee's, and plan to use the expectations as SPIN "ground rules. " Overall it was a very positive meeting, with good interaction between staff and the Standing Committee. We will be meeting with the remaining representatives on Monday evening. Shana and I will provide you with a written report once the second meeting is concluded. 28. TU Electric has notified staff of its intention to bring before Council a Strategic Rate Package. Technically this package must be filed as a rate case, but TU Electric is contending that it is unlike any rate case Council has ever seen, because no one's rates will increase. Essentially, the new rate structures have been designed to allow TU Electric to become more competitive by providing for two new competitive rates and two riders -- additional options for existing rates. The competitive rates and additional options will be used as negotiation tools for economic development. Details about these rates, including qualifications and safeguards, will be available when TU makes its presentation at the July 5, 1994 City Council meeting. 29. The City closed on the Truelove property on Tuesday June 14. As a result, Bicentennial Park has an additional 8.7 acres. 30. FYI -- The City of Southlake will be recognized as a "Keep America Beautiful Certified Community" at a luncheon scheduled for July 14, 1994 which will feature a video highlighting the accomplishments of Keep Southlake Beautiful. The hard work of Keep Southlake Beautiful, Bob Mundlin, and Kevin Hugman (Administrative Intern in the City Manager's Office) has resulted in this recognition, and a KAB Field Representative will be in Southlake to make the presentation. You will be receiving invitations to this event, and I encourage you to attend. 31. Shut down of water system last Sunday, June 11. Note the attached memorandum from Earnest Bramlett, Water and Sewer Superintendent, concerning the incident. We were Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 17, 1994 Page 11 out of water for approximately three hours. We have taken steps to prevent a repeat of the situation, however, we believed our system had built in features to prevent water supply shut off without our knowledge. Although we are in the process of installing additional alert mechanisms, we will not be truly protected until we secure a second source of supply. We will be discussing the second source alternatives during the City Council Retreat. 32. FYI, note the attached: June 1994 DFW Builder Report. Interesting article in Thursday Business Section of the Star -Telegram concerning homeowners in neighborhoods. Letter from Anne Essig concerning septic systems/municipal sewer in the Denton Creek Drainage Basin. ��I NO. CITY OF SOUTHLAKE § IN THE DISTRICT COURT OF VS. § TARRANT COUNTY, TEXAS GEORGE E. CANNEDY § JUDICIAL DISTRICT PL4INI7FFS' MOTION FOR TEMPORARY RESTRAINING ORDER TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES the City of Southlake, Texas, Plaintiff in the above -styled and numbered cause and files this its Motion for Temporary Restraining Order and Temporary Injunction, and for same would respectfully show the Court the following: 1. The City of Southlake owns and operates a package sewage treatment plant (plant), located on Lots 66 and 67 in Dove Estates Subdivision, in the City of Southlake. A permit to operate said plant has been issued to the City of Southlake by the Texas Natural Resource Conservation Commission (TNRCC) and by the United States Environmental Protection Agency (USEPA). These permits require that sewage be treated to attain certain environmental standards prior to discharge of treated sewage to Lake Grapevine. The treated sewage travels across U.S. Corps of Engineers property, pursuant to an easement granted to Southlake by the Corps, prior to discharge into Lake Grapevine. The City of Southlake staff, under the direction of Ernest Bramlett, Water and Wastewater Superintendent, inspects, adjusts equipment and performs certain tests on the plant 2 to 4 times daily to maintain the plant in good working order. The plant has, prior to this PLAMTIFFT MOTION FOR TEMPORARY RESTRAINING ORDER PAGE 1 L . f.\files\md\solake\mbT—d 4. time, met the environmental requirements of the TNRCC and USEPA. The plant is surrounded by a fence, with a gate and lock, and, prior to May 20, 1994, a sign, identifying City of Southlake property. 2. The City of Southlake, Texas, and Dove Estates Joint Venture, a partnership, signed a written agreement on March 5, 1985. This written agreement provided the following: Dove Estates Joint Venture would cause to be built, at its expense, a package sewage treatment plant ("plant") to be located on Lots 66 and 67 in the Subdivision of Dove Estates, located within the City of Southlake, Tarrant County, Texas. Upon construction, installation and testing of the plant and the issuance of a permit from the Texas Water Commission, Dove Estates Joint Venture and Southlake would seek to transfer the permit to Southlake. Transfer of the permit would operate to convey ownership of the sewage treatment plant to the City of Southlake. Lots 66 and 67 were leased, for one dollar ($1.00) a year, for a period of ninety-nine (99) years, or for so long as a sewage treatment plant were to be operated thereon, to Southlake. Southlake would own and operate the sewage treatment plant and would provide sewage treatment for lots within the subdivision owned by Dove Estates Joint Venture, without payment of a Connection Fee. All other lots in Dove Estates Subdivision were to be allowed to connect for a payment of two thousand dollars ($2,000) up to four thousand dollars ($4,000) which would be passed along to Dove Estates Joint Venture by the City of Southlake. The City of Southlake accepted the transfer of the permit, allowed the connection of all the lots in the Subdivision owned by Dove Estates Joint Venture, and passed through to Dove Estates Joint Venture all fees received from other lots for connection to the sewage treatment plant. The City of PLAINTS' MOTION FOR TEMPORARY RFSrR MNING ORDER PAGE 2 fAfIIes\md\9olake\mftc&"d Southlake has been providing sewage treatment for all lots in the Subdivision which are connected to the sewage treatment plant since 1985, in conformance with all permit conditions, under permits granted by the Texas Water Commission (now the Texas Natural Resource Conservation Commission) and the U.S.E.P.A.. The Agreement is attached hereto as Exhibit "A' and is incorporated by reference herein, as if fully set forth. 3. On information and belief, Dove Estates Joint Venture no longer exists as a entity and cannot therefore be joined in this action. 4. Dove Estates Joint Venture never paid taxes on Lots 66 and 67 and on March 5, 1991, Lots 66 and 67 were purchased at a Sheriff's Tax Sale from the Sheriff of Tarrant County for the sum of three thousand dollars ($3,000) each by George E. Cannedy. The statutory two (2) year right -of -redemption period has now run. 5. On Friday, May 20, 1994, George E. Cannedy removed the City of Southlake sign from the fence surrounding the plant and removed the City of Southlake lock from the gate and placed thereon his own lock. The City of Southlake Police responded to a citizen telephone complaint by going to the site of the plant. They asked Mr. Cannedy to remove his lock, which he did. The police called Mr. Ernest Bramlett, the City of Southlake Superintendent of Water and Wastewater to the plant site. Mr. Bramlett explained to Mr. Cannedy that the City needed access to the plant to keep it in good working order. Mr. Cannedy claimed ownership of the plant as well as the lots, denied that the City was operating the plant pursuant to a lease, and demanded that the City pay him $500.00 a PLAINT[FFS' MOTION FOR TEMPORARY RESTRAIN[NG ORDER PAGE 3 fAfiI=\md\Solake\Mft=A rd month for leasing each lot from that day forward, pay him the same sum per month for back rent to the date of his purchase, and purchase the lots from him. :11 The Southlake City Council met in regularly scheduled session on June 7, 1994. Among other items, the City Council considered in executive session the possible acquisition of these lots by a condemnation action filed pursuant to Chapter 251 of the Local Government Code and Chapter 21 of the Texas Property Code. No final action was taken at that meeting. Mr. Cannedy was present at the meeting and was informed by Mr. Bob Whitehead, Southlake Director of Public Works, that appraisals were being done and that Mr. Cannedy would be contacted when the City had decided how to proceed. Another regularly scheduled City Council meeting was to be held on Tuesday, June 21, 1994. Mr. Cannedy was informed of this meeting. 7. On Wednesday, June 15, 1994, Mr. Cannedy called Mr. Bob Whitehead, at Southlake City Hall. Mr. Cannedy stated that if the City had not acceded to his demands "by the weekend" he would "reclaim his property." Mr. Cannedy stated that he would "bring along the Sheriff to reclaim his property." E3 If Mr. Cannedy refuses access to the City of Southlake to maintain proper operation of the plant there will be adverse environmental consequences and a threat to the public health and safety. Improperly operated sewage treatment plants produce odors, and discharge inadequately treated sewage. Such discharges can cause odors, create a public health hazard by causing illnesses to humans coming in contact with the discharge, and can PLAINTIFFS MOTION FOR TEMPORARY RE-rRAINING ORDER PAGE 4 f..\fi1ea\md\K9&ke\-b=mrd cause death to aquatic plants and animals. The City of Southlake, as the permittee of the Plant, is liable for fines and penalties which can be levied by TNRCC and USEPA for any failure to meet environmental standards for the discharge. a The City of Southlake, is considering its possible options for dealing with this situation. It is investigating the feasibility, cost and time required to build a sewage lift station to take the Dove Estates sewage for treatment to the Trinity River Authority. 10. It is also considering a statutory action of imminent domain to condemn Lots 66 and 67 for a public purpose after payment of just compensation to the owner. Pursuant to this end it has caused an appraisal to be made of Lots 66 and 67. This appraisal shows the value of the lots to be $22,500.00 each. Southlake is also considering condemning a leasehold interest in Lots 66 and 67 for the period of time prior to the scheduled construction of a sewage lift station to provide treatment for this portion of the City, according to its Master Plan for the City. Either condemnation action is governed by Chapter 21 of the Texas Property Code and Chapter 251 of the Local Government Code. The Texas Property Code requires a minimum of twelve (12) days notice for a Commissioner's Hearing and, if the Commissioner's award is disputed, requires a hearing before the District Court or County Court at Law. 11. On Tuesday, June 21, 1994, the City of Southlake filed a Declaratory Judgment action in the Tarrant County District Court asking the Court to declare the rights of the PLAfNTHW MOTION FOR TEMPORARY ORDER PAGE 5 f.Vi1es\md\9o1ake\MUVLocd City of Southlake and George E. Cannedy in and to Lots 66 and 67 in Dove Estates Subdivision, Southlake, Texas and the sewage treatment plant located thereon. In this action Southlake asserted ownership of the sewage treatment plant, and a leasehold interest in Lots 66 and 67, pre-existing and superior to Mr. Cannedy's fee simple interest in Lots 66 and 67. 12. Any of the actions described in paragraphs 9, 10, and 11 require significant periods of time to accomplish. If Mr. Cannedy were to interfere with the City in its operation of the plant prior to the conclusion of any of the above actions, serious environmental consequences, as described in paragraph 8 would occur. Southlake would also be exposed to serious financial liability in the form of fines and penalties for failure to meet treatment standards as described in paragraph 8. 13. Mr. Cannedy will not be harmed by the entry of a temporary restraining order or a temporary injunction in that monetary reparations will make him whole. His interest in Lots 66 and 67 is monetary only. The treatment plant already exists on the property and has since 1985. The City has operated the plant properly and has never failed to meet the applicable environmental standards. The property has not been harmed by operation of the plant. In fact, protecting the operation, maintenance and monitoring of the plant by the City of Southlake professional staff, by assuring the City access, will serve to protect the property from contamination and so protect Mr. Cannedy's interest as well. 14. Southlake has no adequate remedy at law in that no amount of money can PLAINTIFFS' MOTION FOR TEMPORARY RESrRAIMMO ORDER PAGE 6 fAfi1cz\md\9olake\mUv&x rd compensate it for its inability to fulfill its duty to protect the health and safety of its residents and to safeguard their quality of life. Likewise, Southlake seeks to protect the health and safety not only of its own residents but also that of the members of the public using Lake Grapevine which is threatened with a discharge of untreated sewage. Likewise, the property of the United States is threatened in that the treated sewage discharge runs, pursuant to an easement granted to Southlake, over Corps of Engineers property surrounding Lake Grapevine. Neither Southlake's residents, members of the public, nor the U.S. Government can be adequately compensated by monetary damages if this threat to the public health and safety causes property contamination, illness to human beings, and/or death or damage to aquatic plants and animals. 15. The City of Southlake is excused from payment of a bond or other security pursuant to Texas Civil Practice & Remedies Code, §6.002 in as much as Southlake is a Home Rule Municipality of the State of Texas pursuant to Article XI, §5 of the Texas Constitution, and Chapter 9 of the Local Government Code. WHEREFORE, PREMISES CONSIDERED, Plaintiff requests and prays that: A. A Temporary Restraining Order and Injunction issue against Defendant, George E. Cannedy, enjoining him against interfering with the City of Southlake in its maintenance and monitoring of the sewage treatment plant located on Lots 66 and 67 in Dove Estates, Southlake, Texas, until such time as the rights of Southlake and George E. Cannedy in Lots 66 and 67 and in the sewage treatment plant located thereon, have been adjudicated. PLAndTUTY MOTION FOR TEMPORARY RESTRAINING ORDER PAGE T f:\fik=\md\9o1ake\mt =Drd OR B. A hearing be set on its Application for Temporary Injunction. C. That Plaintiff be granted all other relief, both special and general, either at law or in equity, to which Plaintiff may show itself justly entitled and for costs of this Motion. Respectfully submitted, FIELDING, BARRETT & TAYLOR, L.L.P. 3400 BankOne Tower 500 Throckmorton Street Fort Worth, Texas 76102-3281 Telephone: 817/332-2580 Facsimile: 817/332-4740 an Mary E. Drake State Bar No. 00789079 E. Allen Taylor, Jr. State Bar No. 19691475 Wayne K. Olson State Bar No. 15276900 ATTORNEYS FOR PLAINTIFF PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER f.\files\md\solake\mtmord PAGE 8 NO. CITY OF SOUTHLAKE § IN THE DISTRICT COURT OF vs. § TARRANT COUNTY, TEXAS GEORGE E. CANNEDY § JUDICIAL DISTRICT VERIFICATION STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, on this day personally appeared Ernest Bramlett, City of Southlake, Superintendent of Water and Wastewater, who being by me duly sworn on his oath, deposed and said that he has read the above and foregoing Plaintiff's Motion for Temporary Restraining Order and Temporary Injunction, and that the information in Paragraphs 1, 5, 8, 12, and 13, contained therein, is within his personal knowledge and is true and correct. Ernest Bramlett SUBSCRIBED AND SWORN TO BEFORE ME on the day of June, 1994, to certify which witness my hand and official seal. Notary Public in and for the State of Texas My Commission Expires: VERIFICATION f.\fi1es\md\9o1ake\verification PAGE I (W NO. CITY OF SOUTHLAKE vs. GEORGE E. CANNEDY STATE OF TEXAS § COUNTY OF TARRANT § IN THE DISTRICT COURT OF TARRANT COUNTY, TEXAS JUDICIAL DISTRICT VERIFICATION KNOW ALL MEN BY THESE PRESENTS: BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, on this day personally appeared Robert Whitehead, City of Southlake Public Works Director. who being by me duly sworn on his oath, deposed and said that he has read the above and foregoing Plaintiffs Motion for Temporary Restraining Order and Temporary Injunction, and that the information in Paragraphs 1, 2, 4, 6, 7, 8, 9, 10, 11, 12, 13, and 14, contained therein, is within his personal knowledge and is true and correct. Robert Whitehead SUBSCRIBED AND SWORN TO BEFORE ME on the day of June, 1994, to certify which witness my hand and official seal. Notary Public in and for the State of Texas My Commission Expires: VERIFICATION PAGE 1 fAfikz\md\so1ake\verif2 08. 20. 94 04 : 02 PM NO. CITY OF SOUTHIAKE VS. GEORGE E. CANNEDY W8I—FW—FACILITIE0 P02 IN THE DISTRICT COURT OF TARRANT COUNTY, TEXAS 342ND JUDICIAL DISTRICT TO THE HONORMLE JUDGE OF SAID COURT: NOW COMES the City of Southlake, Texas, Plaintiff in the above-etyled and numbered cause and files this its Original Petition for Declaratory Judgment pursuant to the Unifiarm Declaratory Judgments Act, Chapter 37 of the Tex. CIv. Prac. & Remedies Code for construction of a contract and lease, and a declaration that Plaintiff is the owner of a certain sewage treatment plant and possesses a leasehold interest in the two (2) lots upon which said sewage treatment plant is located. In support of its petition, Plaintiff (Nawe respectfully shows as follows: L Plaintiff, the City of Southlake, is a Home Rule Municipality pursuant to Article 9, §5 of the Tom Constitution, and Chapter 9 of the Local Government Code, located in Tarrant County, Texas. The party having or claiming an interest in the sewage treatment Plant and two (2) lots upon which it is located is George E. Cannedy, hereinafter called "Defendant", who is a resident of Tarrant County, Texas and may be served with citation at 2428 Brasher Lane, Bedford, Texas 76012. IL The City of Southlake, Texas, and Dove Estates Joint Venture, a partnership, signed �I�M�J, t,' .r,�_,.._` 'e=l1�1't:. 't_• .;_,r • 1 P_r; i:�.1 t 06. 20. 94 04: 02 PM �Hl-FW-FACILITIES POO a written agreement on March 5, 1985. This written agreement provided the following. Dove Estates Joint Venture would cause to be built at its expense a package sewage treatment plant to be located on Lots 66 and 67 In the Subdivision of Dove Estates, located within the City of Southlake, Tarrant County, Texas. Upon construction, installation and testing of the plant and the issuance of a permit from the Tan Water Commission, Dove Estates Joint Venture and Southlake would seek to transfer the permit to Southlake. Transfer of the permit would operate to convey ownership of the sewage treatment plant to the City of Southlake. Lots 66 and 67 were leased, for one dollar ($1.00) a year, for a period of ninety-nine (99) years to Southlake. Southlake would own and operate the sewage treatment plant and would provide sewage treatment for lots within the subdivision owned by Dove Estates Joint Venture, without payment of a Connection Fee. All other lots in Dove Estates Subdivision were to be allowed to comma for a payment of two thousand dollars ($2,000) to four thousand dollars ($4,000) which would be passed along to Dove Estates Joint Venture by the City of SoutbWm The G3ty of Southlake accepted the transfer of the permit, allowed the connection of all the lots in the Subdivision owned by Dove Estates Joint Venture, and passed through to Dove Estates Joint Venture all fees received from other lots for connection to the sewage treatment plant. The City of Southlake has been providing sewage treatment for all lots in the Subdivision which are connected to the sewage treatment plant since 1985, in conformance with all permit conditions, under permits granted by the Texas Natural Resource Conservation Commission and the U.S.EY.A.. The Agreement is attached hereto and incorporated by reference herein. 06. 20. 94 04 : 02 PM N9H1-FW-FACI1L.X1rXZ8 PO4 On information and belief, Dove Estates Joint Venture no longer exists as a - separate entity and cannot therefore be joined in this action. IV. Dove Estates Joint Venture never paid taxes on Lots 66 and 67 and on March 5, 1991, Lots 66 and 67 were purchased at a SherlWs Tax Sala from the Sheriff of Tarrant County for the stun of three thousand dollars ($3,000) each by George E. Carmody. The statutory two (2) year right -of -redemption period has now run. V. On Friday, May 20, 1994, George R Carmody removed the City of Souddake sign from the fence surrounding the sewage treatment plant and removed the City of Southlake lock from the gate and placed thereon his own lock. The City of Southlake police responded to a dtizen telephone complaint by going to the site of the plant. They asked Mr. Cannedy to remove his lock, which he did. Mr. Ernest Bramlett, the City of Southlake Superintendent of Water and Wastewater, explained to Mr. Canmedy that the City needed access to the plant to keep it in good working order. The City of Southlabe staff muter the direction of Ernest Bramlett, inspects, adjusts equipment and performs certain tests on the plant two to four times daily to maintain the plant in good working order. Mr. Carmody claimed ownership of the plant as well as the lots, denied that the aty was operating the plant pursuant to a lease, and demanded that the City pay him five hundred dollars (g500) a month for leasing each lot from that day forward, pay him the same sum per month for back rent to the date of his purchase, and/or purchase the lots from him. r.1��J:. r. ;<;��, r•f1111.. :f: �.: • � lt''. 1 P_r, �:�J ro: 06. 20. 94 04 : 02 PM *91-FW-FAC=LXIrXMN P 0 5 VI. The Southlake City Council met in regularly scheduled session on June 7, 1994. The City Council considered in executive session possible responses to Mr. Cannedy's demands. No Seal action was taken at that meeting. Mr. C..a=edy was present at the meeting and was informed by Mr. Bob Whitehead, Southlake Director of Public Works, that Mr. Cannedy would be contacted when the City had decided how to proceed Another regularly scheduled City Council meeting was to be held on Tuesday, June 21, 1994. Mr. Cannedy was informed of this meeting. On Wednesday, June 15, 1994, Mr. Cannedy called Mr. Bob Whitehead, Southlake Public Works Director, at Southlake City 14WI Mr. Cannedy stated that if the City had not acceded to his demands "by the weekend" he would "reclaim his property." Mr. Cannedy stated that he would "bring along the Sheriff to reclaim his property." On Friday, June 17, 1994, Mr. Bob Whitehead, Southlake Public Works Director, called Mr. C;amtedy and requested Mr. Cmmedy to take no further action until after the regularly scheduled City Council Mecting an June 21, 1994. Mr. Camedy replied that he would not take any action until after that meeting and would be present at the meeting. VE. Mr. Ctunedy refuses to acknowledge the City's pre-existing leasehold interest in Lots 66 and 67. Mr. Cannedy also asserts that by virtue of acquiring the fee simple interest to Lots 66 and 67 that he has also acquired the ownership of the sewage treatment plant. k If the City does not own the sewage treatment plan, nor possesses a leasehold interest in Lots 66 and 67, then the City will file a condemnation action pursuant to 06. 2O. 94 04: 02 PM *91-FW-FAGILZIrIE9 PO6 Chapter 251 of the Local Government Code and Chapter 21 of the Texas Property Code to acquire by Eminent Domain, private property for a public purpose, upon payment of - just compensation to the owner. Pursuant to this poWbilfty, the City has had appraisals done of Lots 66 and 67. The appraisal shows the value of the lots to be twenty -taro thousand five hundred dollars ($22,500) each. The City is also investigating the feasibility, cost and time required to build a sewage lift station to take the Dove Estates sewage for treatment to the Trinity River Authority. Prior to the investment of substantial City funds in a construction project, or the filing of an action in Eminent Domain, the City requests a declaration of its rights from the court in order to determine how it should properly proceed. The City requests that the Court construe the March S. 1985 Agreement between Dove Estates Joint Venture and the City and the effect on that Agreement, if any, of the tax sale purchase by Mr. Clannedy of Lots 66 and 67. up The City has retained the firm of Fielding, Barrett tit Taylor, L.L.P. to represent it in this action and has agreed to pay the firm reasonable and necessary attorneys fees. An award of reasonable and necessary attorneys fees to Plaintiff would be equitable and just and therefore authorized by 137.009 of the Tex. Civ. Prac. tit Rem. Code. XIL The C kY of Southiake is excused from payment of court costs pursuant to Tex C:iiv. Prac. tit Rem. Code, §6.002 in as much as Southlake is a Home Rule Municipality �_.1.!�11�JY•;. .r,i. ��91�L1.�* ;-t:_'. �_: • U;� 1 )�.t�..i_�.r t�: 06._20. .94 04: 02 PM *81—FW—FACILITIE3 PO7 (taw of the Stata of Texas pursuant to Article M, $5 of the Tars Constitution, and Chapter 9 of the Local Government Code. WHEREFORE, Plaintiff requests that Defendant be cited to appear and answer herein and that on final hearing Plaintiff have judgment as follows: 1. A declaration that Plaintiff owns the sewage treatment plant located on Lots 66 and 67 in the Dove Estates Subdivision located in the City of Southlake, Texas; 2. A declaration that the City has a leasehold interest for a total of ninety- nine (99) years at the payment of one dollar ($1.00) a month rent; 3. That Plaintiff be awarded attorneys fees and costs of suit; and 4. That Plaintiff be awarded such other and further relief to which Plaintiff may be justly entitled. Respectfully submitted, FIELDING, BARRETT & TAYLOR, LLP. 3400 BankOne Tower 500 Throckmorton Street Fort Worth, Texas 761OZ-3281 Telephone: 817/332-2580 Facsimile: 817/332- 4740 By: Mary E. Drake State Bar No. 00789079 ATTORNEYS FOR PLAINTIFF O S. ^2 0. �9 4 0 4: 02 PM * S 1 -FW-F A C Z L I Ir Z E 9 P 0 B This is to certify that a true and correct copy of the above and foregoing was forwarded via certified mail, return receipt requested to the Defendant at 2428 Brasher Lana, Bedford, Torras 76012 on the _ day of June, IM Further, the Defendant was handed a copy of the above and foregoing at o'clock _ m., June . 1994. E. Drake PAGE 7 City of Southlake, Texas MEMORANDUM June 15, 1994 TO: Curtis E. Hawk, City Manager FROM: Ernest Bramlett, Water and Sewer Superintendent SUBJECT: June 11, 1994, Computer Outage and Water Shortage Sunday, June 11th, Mike Patterson and I were paged at approximately 3:50 p.m. with a message that Southlake had a water crisis: over 200 citizen calls reported no water. Mike went to City Hall and found the computer was inoperable, and when he went to the water tower at the park, he found the tank was empty. I responded to the Fort Worth Pump Station and met with on -call personnel (Cecil Gardner). Cecil remained at the Fort Worth Pump Station and I proceeded to the Pearson Lane Meter Vault to change the valve from electrical to manual operation. Mike Patterson met a representative from the City of Grapevine and opened the emergency connection from their system. By 4:45 p.m. we repressurized the distribution system and the tanks began to refill. Joel Anderson of Anderson Controls met me at the office. He examined the computer and found that the modem in the computer (it had to be replaced) had apparently been damaged by some kind of power serge (probably lightning) from the telephone line. This forced the computer to "lock -up" and not function. This lock -up occurred between 2:00-2:30 p.m. on Saturday, June loth approximately one hour after Mike Patterson had checked it; however, a severe thunderstorm occurred shortly after that time. Because of this situation, we are taking steps to protect the computer with a lighting arrester on the telephone line. We are going to install a sensing unit and an automatic dialer at the water tower site on Dove Rd. and White Chapel. This will provide a warning device to notify the Communication Dept. at City Hall and the on -call supervisor if the water in the tanks become low. We can back up our SCADA SYSTEM a couple of ways. The one that is most "user friendly" and cost effective is to program Southlake's computer and Keller's computer to be mirrors of each other. In the event that either system failed, the other computer would sound an alert and with proper security, either,city could operate through each other's computer until repairs could be made. EB wpfdes\bramleu\computer.out I JUNE 1994 �� D/FW Builder ,rmit Statistics By City allas/Fort Worth, April 1994 City Permits Total Sq.Ft. Avg. Sq.Ft. Total Value Avg. Value ADDISON 4 9,045 2,261 472,500 118,125 ALLEN 99 238,529 2,409 11,561,987 116,788 ARLINGTON 130 293,967 2,261 13,683,895 105,261 BEDFORD 6 12,882 2,147 613,700 102,283 CARROLLTON 50 132,505 2,650 6,172,416 123,448 CEDAR HILL 45 96,137 2,136 4,884,400 108,542 COLLEYVILLE 20 78,563 3,928 5,282,658 264,133 COPPELL 104 310,989 2,990 21,430,693 206,064 DALLAS 117 378,666 3,236 18,518,938 158,282 DENTON 17 33,467 1,969 1,814,190 106,717 DESOTO 6 11,774 1,962 569,400 94,900 DUNCANVILLE 3 5,141 1,714 297,350 99,117 EULESS 9 25,146 2,794 1,050,940 116,771 FLOWER MOUND 111 286,702 2,583 10,951,354 98,661 It r WORTH 145 306,352 2,113 14,005,145 96,587 92 199,672 2,170 9,713,746 105,584 4'0 61 142,214 2,331 5,882,232 96,430 1��.AND ND PRAIRIE 20 46,243 2,312 1,971,880 98,594 GRAPEVINE 24 66,688 2,779 3,044,540 126,856 HALTOM CITY 8 11,950 1,494 492,000 61,500 HIGHLAND VILLAGE 16 49,282 3,080 3,467,588 216,724 HURST 14 29,988 2,142 1,219,736 87,124 IRVING 56 141,430 2,526 8,576,927 153,159 KELLER 42 107,589 2,562 5,293,000 126,024 LANCASTER 4 7,816 1,954 319,750 79,938 LEWISVILLE 50 101,883 2,038 4,433,056 88,661 MANSFIELD 35 87,633 2,504 5,348,295 152,808 MCKINNEY 91 228,906 2,515 11,056,150 121,496 MESQUITE 45 92,479 2,055 3,581,136 79,581 N RICHLAND HILLS 48 108,379 2,258 5,323,475 110,906 PLANO 284 1,011,779 3,563 44,432,434 156,452 RICHARDSON 15 53,550 3,570 2,233,784 148,919 ROWLETT 72 155,113 2,154 7,135,434 99,103 SACHSE 3 5,947 1982 289,940 96,647 SOUTHLAKE 59 214,796 3,641 13,049,600 221,180 WATAUGA 5 7,729 1,546 347,727 69,545 June 1994 9 lost Active Builders & Subdivisions arrant County - 1994 (Thru April) Builders Subdivisions CHOICE HOMES CENTEX HOMES 148 PARK GLEN FORT WORTH 106 WEEKLEY HOMES, DAVID 99 92 TIMARRON RIVERTRAILS SOUTH LAKE FORT WORTH 49 48 PERRY HOMES 84 HULEN MEADOW FORT WORTH 40 HORTON CUSTOM HOMES, D.R. 73 EDEN ROAD ARLINGTON 30 HIGHLAND HOMES 61 HERITAGE MANSFIELD 30 PULTE HOMES 61 RIVER FOREST BEDFORD 29 DREES HOMES GEHAN HOMES 44 COVENTRY PLACE N RICHLAND HILLS 28 HAWKINS CONSTRUCTION COMPANY, SIEVE 41 41 HEATHERWOOD TWIN MILLS KELLER 28 RYLAND HOMES 35 STONEYBROOKE FORT WORTH N RICHLAND HILLS 28 27 VOLKMAN'S INC. 33 COVINGTON HILL EULESS 25 IRVING HOMES 25 VILLAGES OF FAIRFIELD ARLINGTON 24 CASA LINDA BUILDERS 24 ARBOR OF CREEKWOOD MANSFIELD 23 HISTORY MAKER HOMES 24 FANNIN FARM ARLINGTON 23 GENERAL HOMES 23 LOS PRADOS ARLINGTON 23 HOMES 22 SPRING OAKS N RICHLAND HILLS 23 NTURE HOMES 21 WALNUT ESTATES MANSFIELD 23 CNEWOOD ACY HOMES 20 SUMMERFIELDS FORT WORTH 22 REIGN - HOMES 20 NEWPORTVILLAGE ARLINGTON 21 QUISEHOMES, INC. 19 ARLINGTON MEADOWS ARLINGTON 20 PALLADIAN HOMES 18 CHAPEL CREEK RANCH FORT WORTH 20 CLARK HOMES, MACK, DBA IMPACT HOMES 17 LOCH N GREEN VILLAGE ARLINGTON 19 DAVIS HOMES, JAY 17 OAK HILLS N RICHLAND HILLS 19 SUMEER HOMES 16 SOUTHRIDGE LAKES SOUTHLAKE 19 M & J CONSTRUCTION 15 SUMMER CREEK FORT WORTH 19 BOBO BUILDER, MICHAEL D. 14 WINDING CREEK ARLINGTON 19 MCBROOM HOMES 13 AMBER GLEN WATAUGA 18 HERITAGE(PACIFIC AMERICAN HOMES 12 BELLAIRE PARK NORTH FORT WORTH 18 GIFFIN HOMES 11 SARAH BROOKS KELLER 18 MIRA INVESTMENTS 11 STEEPLE RIDGE N RICHLAND HILLS 18 SANDLIN HOMES, J. B. 11 ISTONE LAKES SOUTH SANTA FE HOMES 11 BURSEY RANCH KELLER 17 TEXAS BEST CUSTOM HOMES 11 YORKMEADOW ARLINGTON 17 TRENDMAKER HOMES 11 BENTLEY VILLAGE FORT WORTH 16 CANDLEWICK HOMES 10 STONEGLEN @ FOSSIL CREEK FORT WORTH 16 CUSTOM HOMES BY BJ. 10 QUAIL RIDGE FORT WORTH 15 MCBEE CUSTOM HOMES 10 1 SOUTHLAKE HILLS SOUTHLAKE 15 MCGUYER HOLDINGS INC 10 FOSSIL SPRINGS HALTOM CITY 14 NEWPORT CLASSIC HOMES 10 HUNTER PLACE NORTH ARLINGTON 14 AUTUMN HOMES 9 WHISPERING MEADOWS ARLINGTON 14 CUSTOMS UNIQUE INC 8 BRIGHTON ARLINGTON 13 HORN & ASSOCIATES, WILLIAM 8 PARKER OAKS ARLINGTON 13 ROSS DOWNS COLLEYVILLE 13 June 1994 11 Builders Subdivisions Dallas/Fort Worth - 1994(Thru April) Monthly S.F. Building Permits soon 1500---..................................................... ... t000.....-..__....... ................ .................... wo OJFMAMJJASONDJFMA 7'Twmrd Co. • Nks. Cain a Donlon co. Monthly S.F. Building Permits Dallas/Fort Worth Total DJFMAMJJASONDJFMA SF Building Permits Percentage Charge From Previous Month 60% A C 40% _.............................. .......... _............ 0 209E ................................................ g 'e 09f 0. D J F M A M J J ASONDJFMA Month o,N,$1F0rtWorth N Mortgage Interest Rates Mint 4/+Fr�wpr..a Builders Centex Homes Weekiey Homes, David Highland Homes Pulte Homes Horton Custom Homes, D.R. Choice Homes Sovereign Homes Drees Homes Ryland Homes L.ennar Homes Of Texas Heritage/Pacific American Homes Legacy Homes Huntington Homes Perry Homes United Homecraft U.S. Homes Felder Homes, Scott General Homes McGuyer Holdings Inc. Gehan Homes Goodman Homes Westchester Homes Trendmaker Homes Grand Homes Standard Pacific Of Texas Darling Homes Sumeer Homes Gulf Lake Contracting Calmark Homes Corp. Of Dallas Holigan Homes Northaven Homes Avery-edwards Custom Homes Hawkins Construction Company, Steve Heatherwood Custom Homes Taylor Homes, Paul Volkman's Inc. First Texas Homes Mercedes Homes Hampton Homes Woodhaven Homes Coleman Homes Diamond Ventures Corp. Jenne Homes, Jim Irving Homes Casa Linda Builders History Maker Homes Leadership Properties Shepherd Place Homes Subdivisions 614 Creek Crossing Mesquite 126 378 Park Glen Fort Worth 106 322 Watters Crossing Allen 106 282 Plantation Resort Frisco 102 220 Twin Creeks Allen 100 217 Willow Grove ' Lewisville 85 197 Lakes Of Valley Ranch Irving 84 183 Heritage Park Allen 71 162 Timbercreek Flower Mound 71 143 Preston Oaks Frisco 64 127 ellington Run Carrollton 50 126 Timarron Southlake 49 121 River Trails Fort Worth 48 116 Springfield Rowlett 48 113 Cottonwood Creek Coppell 45 106 Highland Shores Highland Village 44 87 Staton Oaks Flower Mound 44 g6 Glenwood McKinney 41 86 Hillcrest Frisco 40 72 Hulen Meadow Fort Worth 40 66 Woodlake Flower Mound 38 66 Hollows Of Valley Ranch Irving 37 65 Hunters Glen Plano 36 64 Wellington Preston Meadows Piano 34 62 Lakeview Flower Mound 33 56 Windsor Park Garland 33 56 Gibbs Station Coppell 32 55 Lakeside On Preston Plano 32 53 Mill Creek Crossing Garland 32 52 Preston Vineyards Frisco 32 50 Princeton Pointe Rowlett 32 42 Riverchase Coppell 31 41 Eden Road Arlington 30 37 Heritage Mansfield 30 36 Shadow Lake Allen 30 33 Trails Of Forest Creek Plano 30 32 Vista Of El Dorado McKinney 30 32 Hills Of Prestonwood Plano 29 31 Oak Hills Carrollton 29 31 Quail Creek McKinney 29 29 River Forest Bedford 29 27 Briarhill Highland Village 28 27 Coventry Place N Richland Hills 28 25 Firewheel Farms Garland 28 24 Heatherwood Keller 28 24 Highlands Preston Ridge Plano 28 24 Meadow Glen Dallas 28 24 Twin Mills Fort Worth 28 28 D/FW Builder 16 D/FW Builder 0 June1994 17 18 D/FW Builder 0 June 1994 19 BUILDER TOP 50 0 20 D/FW Builder June 1994 21 BUILDER TOP 50 0 14 22 D/FW Builder Aj June 1994 23 D/FW Builder June 1994 25 ; Thuraday,June 16,1994 * ]I`Usilless 11/ Mason COMMENTARY 'CourtrulYng seen as sign of victory by homeowners ,W hat can homeowners say when they think the quality of their neighborhood is beingcom- promised? That's no idle question at the Woodland Oaks subdivision in North Richland Hills. Homeowners there put up signs last January say- ing "Tract Builders Get Out." City code officers threatened to fine them 550aday for violating the city sign ordinance. When the homeowners moved the signs to the windows inside their homes, two builders filed lawsuits 3V -slander. "I've had some bad 1 nights with this." said s. Starnes, one of the defen- who declines to discuss the The case illustrates the downside of what was otherwise a broadly written U.S. Supreme Court deci- sion Monday striking down a sign law similar to North Richland Hills'. In the crunch, homeowners have as much free speech as they're Protesters cheer the decision that political or personal rgessages displayed on a person's —property have free -speech protection. willing to defend in Tarrant County districtcourt. subdivision protests gained mo- mentum during the late, great bust. A`t�ParkerOaks in Arlington, forex- ainple, homeowners opposed the bulk sale of unfinished lots by the Resolution Trust Corp., worried that a tract builder would lower standards. In other subdivisions, meanwhile, the customers of finan- :ially troubled builders learned that duality control and cash flow fall in tandem. Builders today are resigned to oc- :asional protests, says Larry Cole, president of the Builders Associa- tion of Fort Worth & Tarrant Coun- :y. "The real message to the builder s to solve the problem through ne- ,otiation or mediation," he said. If the parties can't resolve their )roblems, he said, "in the long term, tomeowners are also hurting them- oelves" by stigmatizing the neigh- )orhood. Strong medicine, the signs can icare away potential buyers from a subdivision at a time when the un- told lots spell the difference be- ween profit and loss for the devel- )per. So city code enforcement officers nvariably show up when homeown- :rs put out critical signs, as Susan white and Doug Robins did in U.S. :comes' Huntington village subdi- vision in Fort Worth. "Before you any you should ask us why we don't believe in their Diamond Star Builderaward, 'their sign reads. "They came and promised all these Promises," White said oftheir (More on MASON on Page 2) _Mason From Page I -month-old home, "and they never ante back." ,U.S. Homes project manager Bob lurwick disagrees. "We've gone hrough and done everything he sked for and more. He still won't ake his sign down," said Burwick. He's cost me business. 1 know hat's against the law." Jn fact, consumers have the right 5.protest businesses, says local at- irney Tom Williams. The state Su- irjne Court in 1983 said the courts atft enjoin protests by a dis- runtled cons, imerwho, in thiscase, ad painted "lemon" on his used ar. "The remedy is to sue [the pro- tester] for libel," said Williams, a free -speech specialist who repre- sents the Fort Worth Star - Telegram on First Amendment is- sues. Lost business "would be used to determine the businessman's damages." Williams said, "but he has to prevail first." And the homeowner has to hire an attorney to defend the suit — or face a default judgment. In North Richland Hills, homeowner Starnes and builder Marvin D. Smith reached an agreement out of court, said Ross Foster, Smith's attorney. "The allegations were that they were running him out of business because of the type and the size of the homes he was building, though they complied with the deed restric- tions," Foster said. Smith is the plaintiff in two other slander suits pending in district court in Fort Worth. Starnesdeclined to respond to the allegations, but he sharply criticized the city sign law, which regulates the size and number of yard signs and limits their contents to advertise- ments of homes for sale and plugs forcandidates seeking public office. "Initially, the city wouldn't even tell us who the city attorney was," Starnes said. City Attorney Rex McEntire didn't return phone calls' yesterday afternoon. Up to speed on the law, Starnes and his neighbors refashioned their protest as advertisements of their homes for sale by owner — with an extra message. North Richland Hills wanted those signs down also. At that point, Starnes turned in Smith for having more than two for - sale signs in the yards of his homes. The city officials were reluctant to act, he reports, although the extra signs eventually disappeared. Starnes takes heart in the strongly worded Supreme Court decision. The sanctity of American homes, writes Justice John Paul Stephens, "has special resonance when the government seeks to constrain a person'sability to speak there." At Parker Oaks, homeowner Howard Gottlieb tips his hat to the Ladue, Mo.. homeowner who took her protest signs against the gulfwar_ all the way to the Supreme Court. "It didn't turn out as badly as we feared.- Gottlieb said of his neigh- bors' opposition to Perry Homes, which hired security guards at one point."It's oneofthose issucswhere [iQ you don't have lots of money, you're at the whim of the bigger en- tity." Todd Mason's column appears Tues- days, Thursdays and Saturdays. Phone, 190-7552; fax, 390-7774; Star - Text identification No. 5051 tS. 315 Dove Creek Trl. Southlake, Texas 76092 June 17, 1994 City of Southlake 667 N Carroll Ave. Southlake, Texas 76092 Attention: Gary Fickes Mayor Dear Sir, As a citizen of the City of Southlake I wish to express my concern regarding the fact that the City of Southlake has not started to address the sewer problem in the north drainage area of the city. I feel that a sanitary sewer system is of the utmost importance to the city and its citizens. The City of Southlake has an operating sewer system for most of the residence in the south drainage area but only a few isolated sewer systems in the northern drainage area. There are rumors of individual septic systems not operating properly and overflowing in the northern drainage area of the city. I feel that this will become a health hazard if it is not already a problem. I worry about the water supply from wells in the city and also the fact that some of Southlake water comes from Grapevine Lake. I feel that the city should step forward and take the necessary actions to see that a sewer system is started in the north drainage area as soon as possible. Best regards, Anne E g City of Southlake, Texas MEMORANDUM June 3, 1994 TO: Curtis E. Hawk, City Manager FROM: Shana Rice, Assistant City Manager SUBJECT: Youth Advisory Commission You will recall that Judge Brad Bradley provided a copy of a draft ordinance creating a Youth Advisory Commission which was approved on first reading at the last City Council meeting. During discussion of the item it was suggested that the ordinance contain a provision to expand student representation. To accomplish this, Section IV of the ordinance has been revised to provide for the appointment of two "at large" representatives who do not attend Carroll Independent School District. This program will be yet another component to our citizen participation efforts. The Youth Advisory Commission would be created to generate broad -base public awareness of and support for youth. As specified in the ordinance, the Commission would work under the direction of the Mayor and would serve in an advisory capacity to the Mayor and City Council. The Commission will evaluate current issues affecting youth in Southlake and bring them to the attention of the Mayor and City Council. A list of possible projects has been attached to the ordinance. This group will work closely with the youth involved in SPIN, but provides a means for more students to be involved with the City of Southlake and municipal government projects. Please let me know if you have questions about the Southlake Youth Advisory Commission or the ordinance. W61 A -/ 06-10-1991 03:30PM FROM SOUTHLAKE DPS TO 4e86796 P-02 ORDINANCE NO.ki D AN ORDINANCB OF THE CM OF b'OUTRT.� M, TEXAS PROVIDING FOR TM CREAXION OF A YOUTH ; ADVISORY C OMMMON AND RVYYS P'OR ITS OPERATION; PROVIDDG AID EFFECT v» DATL WHEREAS, the City COUIX it nxognizes the benefit of citizen participation in gam; and Vd ERF-4.% youth are the Foundation of our iiature; and w�.ASr youth issp� requi*c public avuaren�, input, and support ba be: effEctive. NOW, CITY OF SO�R'T BE XAS;IT C)ItDAII�.� BY Tiffs CITY G'OUNC9L OF THE .EC`t jW L A Youtb Advisory Commission is herein created to goncrate brood4me public awareness of and support fior youth. The Commksim under the direction of. the Mayor, w M be adv" in nat n% evaluating a =e& hg mes anscft youth in &d thlake and hritfg therm to the attention of the Council and other Boards and Cnmtainsians as necessary. The:' Commisihm shalt not have er authority over He vffiaials or employees of 4he city. SFE.TION iZ T716i Mayor will ate, and prioritize as necessary, projem for disanskm and rdporti ng ag well as the Commissim generating their own d6emssion projects. The Mayor and City Canttdt will we the C,omnumon as a fetuMal "votCC of youth" on various items Cou mbg youth Sn the City. SEQ= Ill. M*Comrmssion an1l serve as a eve dde to familiarize the y(me of:SoutMake with the governance process in hGWdpal Government, To this end, as sc a Wed, key eketed or arppodate,d' staff of the My willedneate the CornrttW nt mambos on different facets of mio Mpal govanmW and will make tbenwelves available to anover quectim from the Cm mdsdon on an as needed basis. Also, the City will frost a -Youth and Govoernment Day" fad Cmnh*mon members at the cnd of each schtwl year. =aQK IV, Tbe!; Youtb Advisory Commkdon shall desist of three (3) repsesentatim fim em& grade level at e&t Ifigh School and Middle Srltool in the Cky of Southlake. To easum a beoad spectrum of students fium the community, an 1neliv tW School Committee (dWutcred by the school principal) wgl recommend to the Caunct representanves from � ' These Iypmnmt'ttea� 5 know.ledgC ntafivet � �e stud v�l pas the scieodon wn'li be based upon shWcut's 011ing m to serve. 'In addition, the Mayor shall appoint two (2) "At Larjgc" "e` ntativcs who are 14h school or middle khmi students and reside In the City of akle but do not attend *howl in the Carroll Irndependem School 1*trict. Bich Qc nmimdcm member will he 'eligible to Serve ffom one (1) - three (3) year's on ;the Cic6nmWdom depending upon an; anwxd review by their scbool caaimittee. 06-10-1tr:01 03:31PM FROM SOUTHLAKE DPS TO 4886?% P.e3 Qrditeamce NO. Page 2 i Scum V. A Chair sMo be appointed by the City Council frwn, the MOmbership for a ant year term. The Commission shalt also have a Vk*_CWr and S"retary elected- by its ffambrsm for a one year team ne SOMtary shall IMP a n-cord of all meetings of the Commission and minutes thareaf shall be kept on fie in the 0frac Of the city S=Ctfty. i 4N VL Regular meztinp will be -held each month of the sc =1 tear. I �C;W— sPCeial meeting may be smelled by tine Chair or the Vioe-Chair of the Comrnist�ion y other twe after notice has been given to the Commbsim A simple majority of the members &hall constitute a quorum. A vote of the simple majoft of the quorum shall he cequlr d for any achm taken by the =on. al OIL - VII AN ; members of the CtmmmAssion arc subject to removal in adwKW= to the City Coettrtctl's curfentt policy. In addition, the members of the Commisdolm may be removed dt any one by the Chy C moil with or without cause. 4N. An!&=al report shall be presented by the CammkWon to infatm theMayor and City Cowxd' of the Comndm iods interaeft, aedvides, wW pt op= a� related to its eatabUshad purpose no later then June 30 of each year. AddlOonai. reports sl+lsll be submitted as requesta by either the Mayor, of the Comnn4IUW. 'Iu ordinance shrub become eflit:d" fmmcdtately upon its per. DULY PASSED AND APPROVED, THIS THE DAY OF 1994, A'FrWl'.- r Sandra i IAGrand, MY SEC 'CARP APPROVED AS TO FORM: Allen T%40r. UnN AT RNEY Cary Fickes, MAYOR r. VJ4 I i I POWN0 -Projects and Duties of Conunisdan i I Rik N ttg created to generals broad -base public awamness of and MJWrt for the youth of Squddake. lfa Owmission will be advisafy� evaluating *mew issues af'feCtiag youth and bringing tkem to; the attention of the Councll Mayor or OOW City boards or commissions. Mayor and Causal will use aaa formal Naioe of youth- in SmMgake. Mayor will =Sip Pro1ew for &Cttsea au and deport as well as group gew ating their own dfiMnsion projects. Faech year have a Youth and Government Day will be held w►hsrsat Commission Members wduld work ShmVide City Staff. C outual Memben and the Mayor. t r=Wrs will be invited to mmd Cyty CkvnW mee dulp. Cvmmisaion could bold its own°tn & w uneii men tka to emd&r "real life" issues. Could be suppleman to C hics rum. 1 Pr*CS SWO We Woup are iiwolved in: Adopt -a bioway program, wang at mitring lmmes end hoWtaK vuorh with Special O�M collects food and gifts fnr The needy, plate alcohol-froa &stMda far youth, etc. one the youth an up+dose aid peasooal view into the v Nernanae promw Similar prPpcanes have dneovered they not oasiy are educating the: commisan members, tmt also their famlies and fden& Onmgh eeor&d-mouth. 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N 01 O r M OD tD O r W w W N r N N %O 8 w r %Orrr W ON Jr H N CJ J%4 ,p O N O (n A O O W O N t0 O %0 r r N N N N N N r N O O O O O O O O o 0 A F+ 0 0 0 0 0 0 O O O O r 0 0 0 0 0 0 0 0 0 O O O 0 0 O O o 0 N o 0 0 In w o" O rt o OH O O O O O O O O O o O O O O O o 0 0 0 0 0 0 0 0 0 0 0 O O O O O o 0 0 0 0 0 0 0 r �J %O [it t0 O W H (a to OD O N r A O r r W J ut A N J` 'p r H N N O W A A O r Oi OD A o A F' N W 0N Ln A Of O w (O O% O O OD r O (n W J (n OD OD w 0 r t0 F+ J N r r 7 at N J w ON (n (n O A Ot OD OD O r %0 (0 0 0 0 0 0 0 0 0 O O O O 0 w N N O O O O O O O O O O O O O O W W W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r N A N A J N w roDtnrw0ON n (n J 0 J J N N N J O (n O r un Vf ut O V, 0% Ln O 0 0 O O O O O O w ;' �r OD 0 0 0 0 0 0 0 0 0 (O ,{, r A J 0AN.r Lq r w w A o A co J F+ N r (O% r r O O a+ O (O J �P C( O (n A O o 0% o W W to O W w 000000 0 0 0 0 w J N 0 0 0 0 0 0. O O O O N O o o O o O o O O O O O O O 00000000000000 r 0 N J � r r N N 0 r W OD r (00 0 O O r1i KH�y H �,yyH O W H 0 1-3 � x 0 cr 1.4 (71 Q H N 0 r� %D PC O h21 �H tp t0 r 04 (OFN N y (OitN� (0 W COMMUNITY DEVELOPMENT DEPARTMENT FEE REVENUE REPORT FOR THE MONTH ENDING 31 MAY 1994 ZONING $ 4,210.72 NO. OF CASES (11) PLATTING 12,137.00 NO. OF CASES (8) SPECIFIC USE PERMITS 350.00 NO. OF CASES (1) BOARD OF ADJUSTMENT 100.00 NO. OF CASES (1) MISCELLANEOUS INCOME 470.05 NO. OF CASES (23) TOTAL REVENUE TOTAL NO. OF RECEIPTS CAW PF%REPORTS\RE V NU-94.05 $ 17,267.77 (44) 0 RS O Cd 4. to N 'A cl 0 N O O z V U � �+ H U O L� bq ..• N � .'ter i i] +-+ O C� co U N U �' 'd c� cz O P. o a N =+ W 42 > N b w � U b � Z 4. �i 4. U aN N O N 2 N w >ccz NO ul W� � ¢Na ¢U zx a. z u w cv in �I� ICIIInI0I� i0 I0I� �' 6 I0 lolo Iln � � >% >1 cz ti C rn a, rn ti a o� 1 " O ,o � W .cl 6,0 •� a� CIO 2 b bb 40. 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N a H a; �O o6 .-4 N M � N N N c1r) CK1 M M CITY OF SOUTHLAKE GENERAL FUND Statement of Revenues, Expenditures and Changes in Fund Balance for the period ended May 31, 1994 with Comparative Actual amounts for the period ended May 31, 1993 REVENUES Ad Valorem Taxes Sales Tax Franchise Fees Fines Charges for Services Permits/Fees Miscellaneous Transfer In -Other Funds Interest Income Total Revenues EXPENDITURES City Secretary City Manager Support Services Finance Municipal Court Fire Police Public Safety Support Building Community Development Streets/Drainage Parks Public Works Administration Total Expenditures Excess (deficiency) of Revenue over Expenditures OTHER FINANCING SOURCES AND (USES) Proceeds from C.O. Sale (net) Excess (deficiency) of Revenues and other sources over Expenditures FUND BALANCE OCT 1 Net -Reserved for encumbrances ENDING FUND BALANCE To Date 1993-94 Actual Budeet 5/31/94 $2,204,198 $2,020,277 701,500 531,382 336,400 387,110 231,440 152,782 57,250 28,787 1,088,000 1,074,233 17,940 19,672 159,446 0 50,000 66,839 Percent To Date Actual Percent Collected/ Actual Total Collected/ Expended 5/31/93 9/30/93 Expended 91.7% $2,064,951 $2,144,650 96.3% 75.7% 346,835 636,737 54.5% 115.1% 281,642 305,909 92.1% 66.0% 115,554 182,271 63.4% 50.3% 30,554 59,086 51.7% 98.7% 788,549 1,251,287 63.0% 109.7% 13,831 44,846 30.8% 0.0% 0 159,446 0.0% 133.7% 44 565 54,194 82.2% $4,846,174 $4,281,082 88.3% $3,686,481 $4,838,426 76.2% $200,879 $121,781 60.6% $89,096 $143,026 62.3% 178,078 127,698 71.7% 94,978 152,073 62.5% 602,109 415,987 69.1 % 288,595 502,644 57.4% 261,838 171,768 65.6% 140,187 205,844 68.1% 168,605 98,448 58.4% 85,926 144,786 59.3% 720,144 431,242 59.9% 327,623 566,832 57.8% 1,024,789 690,109 67.3% 571,446 895,343 63.8% 439,410 262,292 59.7% 233,758 357,268 65.4% 258,492 153,657 59.4% 103,876 154,005 67.4% 273,625 175,772 64.2% 152,325 234,170 65.0% 1,417,086 700,375 49.4% 467,941 857,494 54.6% 196,307 148,610 75.7% 60,179 138,224 43.5% 121 A05 89.667 73.9% 38,304 102,064 37.5% $5,862,767 $3,587,406 61.2% $2,654,234 $4,453,773 59.6% ($1,016,593) $693,676 $1,032,247 $384,653 565 000 $565,827 $_0 $1,405,310 $1,405,310 0 0 $1,125,708 $1,125,708 105,051 105,051 m 0 t w w v E-1 a Q E-E z H a a q t iti i i i ii�t i i i t W W m oh N M N ti N N W. -1 N p N 10 o m o o o O M O m o a o w H m o o o o o o o a O O �. 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S tp >- O f.7 O tt OGOO O O O O ^p0U O O O 0O 0tO0 pO NntU1 cN cD Z ZO O CITY OF SOUTHLAKE WATER AND SEWER ENTERPRISE FUND Comparative Statement of Revenues and Expenses for the period ended May 31, 1994 and May 31, 1993 To Date Percent To Date Total Percent 1993-94 Actual Collected/ Actual Actual Collected/ REVENUES BMdget 5/31/94 expended 5/31/93 9/30/93 expended Water Sales -residential $2,018,500 $1,259,817 62.4% $980,687 $2,294,377 42.7% Water Sales -commercial 418,000 250,324 59.9% 214,289 438,097 48.9% Sewer Sales 270,454 219,303 81.1% 132,205 237,213 55.7% Sanitation Sales 320,000 223,525 69.9% 191,993 296,252 64.8% Other utility charges 197,078 231,127 117.3% 181,122 564,251 32.1 % Miscellaneous 17,500 53,779 307.3% 46,144 75,380 61.2% Interest Income 24.000 43.224 180.1 % 19,401 30,118 64.4% Total Revenues $3,265,532 $2,281,099 69.9% $1,765,841 $3,935,688 44.9% EXPENSES Water $1,850,369 $968,186 52.3% $704,174 $1,879,712 37.5% Sewer 887,178 401,434 45.2% 374,016 428,582 87.3% Sanitation 288,000 174,404 60.6% 148,249 263,050 56.4% Debt Service - Revenue Bonds 81,895 81,901 100.0% 46,503 79,719 58.3% Other -Line Oversizing 25,000 19,713 78.9% 3,072 24,072 0.0% Transfers -other funds 269,613 110,167 40.9% 0 267,295 0.0% Total Expenses $3,402,055 $1,755,805 51.6% $1,276,014 $2,942,430 43.4% Net Income/(Loss) 0 M A 1 1 t 1 1 1 1 W W OlD 1n 1i .-4 w o ID M O1n Om OO kD%D M M N U o Ln M N O T O m N O m O N 00 m m co OD M mnm M-D m 91i 1iT Tm 1f 1D 1414 N (4 mw.-7n wn1noLmmr� nlD 1qm NN M M aw 1n NTN %D%D1iw-4mT v)1i ell a, NN T T z 'J n 10 wnc m.1T D 1- c 1im m(, T T M M 1n 1D T lf) m N M 1i r/ co w n o m m 1i A W W H D 0 0 0 o o 0 o 0 -Too O N O N O O N N z 0000 o m%D 1n 0 0 0 0 w) o o 1n o00-w 0o O n oo O M OO o o 00 M M u) tf) H> H W H 1n n w OD wn ONO 1nN NT T T If) Vl to a. 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O O M U J 99 O O N O. -- 1 V l p O O 1l 0 0 O c t N 0 0 ct M M 1 O Q c} N M O O ID lD O .--� Ol .ti .ti b� GCl PM m N ON � M M N U 00 tD N a M u') cr O Cl t0 Q �D tD m cD T~ ~ N fD kO N N M N N O M ✓� t/I Z Z tw- pQr[ r Z O N p M O Z W Z O W p W r W U p zQ d t w0vzz� n tZZo t w O�ZZn in k t # Z S W i rU- C O W O k ti C 0 # � t # (Oy U D: w # W N U Y k W N U> 4 W t x U U W W k OC N r W W ¢¢ # d' y r W 4 IA # # Q N N k M W QQ N J J t W (Q7 a W dZ t W J=C7 Zd H W Qr t JQ�-+ W U Z 7 t J # # W p W F- t N Q r r W r U Z 7 t 00 O # t qZ 00 O J xdx QZ 3 W N r H W Q UQ O W1a- OCZ OZKWJD=Zr WH O OOrCW dJ WZLLH O O r0 W �r r W ffffffAAAAAA rZ d W r-� _Z W r VVVN777 �v�y0.Q_ Z Z O O O aot=i10�U atOj .JyOY�U c� o �p o O > p O Q pclj p p Z j Q N b O N S t� b S 001 W Q N f' 1 u07 f D OOi W N W¢ Z li C3 O 3 O N O VI l ACCOUNTS BILLED: CITY OF SOUTHLAKE UTILITY BILLING MONTHLY REPORT MAY 1994 THIS MONTH LAST MONTH 5/31/94 4/30/94 THIS MONTH LAST YEAR 5/31/93 WATER $214,544.66 $250,014.13 $172,787.50 SEWER 32,446.24 39,169.26 20,296.71 GARBAGE 29,433.42 28,938.17 24,651.68 SALES TAX 2,261.64 2,224.11 1,790.97 OTHER 1,240.51 1,241.47 2,041.92 TOTAL $279,926.47 $321,587.14 $221,568.78 NUMBER OF CUSTOMERS: WATER 3,558 3,516 2,963 SEWER 1,339 1,303 866 GARBAGE 3,527 3,484 2,957 TOTAL ACCOUNTS BILLED: 3,793 3,751 3,198 NEW CUSTOMERS: (increases for the month) WATER 42 77 20 SEWER 36 76 39 GARBAGE 43 84 13 TOTAL ACCOUNTS BILLED 42 78 16 CONSUMPTION BILLED (IN 000'S): WATER 36,778 53,843 34,459 SEWER 17,617 28,491 13,565 CITY OF SOUTHLAKE SALES TAX REVENUES six year comparison 1993-94 collected budget balance budget to date balance percent $701.500 $589,673 $111-827 15.24% 1SCt�I, 1:ICAL AI.< 1:ISCAT. FISCAL 1ISCAL> YEAR YEAR %Inc YE tR %Inc YEAR % Inc YEAR %Inc FEAR %Inc MONTH(Dec)90/91 :: ec 9.1./92 .. ec 92/93(Dec)93/94:(Dec) October 7,970 537 776 35.1% $44,08I ; 16.7% W.731 6 0% 9�50,956 9.0% 99,4iJ8 95.1% November 15,42$ 24573' 59.3% 37,1I7' 51 0% 27,929 -24.8% 42,126 50.8% 50&23< 20.2% December 17,833 21OS2; 18.1% 2$ 464 35.2% 33,273 16.9% 33,$S0' 1.7% 70,I55< 107.3% January 26,756 34461 28.8% 47146;. 36.7% 40011 -15.1% 6-7 13 69.2% 1.06,541 57.3% February 15894 25594 61.0% 224$ -12.1% 40,1t36 78.4% 39,351`: -1.9%7,839 47.0% March 14,77$ 30657; 107.5% 32,9.:55 7.5% 37,488: 13.8% 44,176 17.8% 59 3 78` 34.4% April 48 635 37z201 -23.5% 41,445 11.4% 57543 38.8% 68664 19.3% 87,43$; 27.3% May 27,$24 31 501 13.2% 36,627: 16.3% 41,920 12.0% 54 623 33.2% 58 241 6.7% 'i June 24,051 37447 55.7% 37,894i 1.2% 43,105 13.8% 52,02.7; 20.7% July 38,630 51 374. 33.0% 47,017: -8.5% 51,357: 9 2% $ ,S6T 56.9% August 22,699 311969 40.8% 3.51,951, 12.5% 48,73i1 35.5% A ;294> -0.9% September 04 32499 4.2%7.0©4 13.9% �4 15.5%; 27.3% TOTAL $311,699 $396,106 27.1% $448,148 13.1% $510,036 13.8% $635;738> 24.8% $59,673; 46.9% sLsrnx94.W 3 REPORT DATE 06/14/94 " First month of 12 cent additional sales tax. Reflects 2/3 of monthly allocation total $87,436.39. CITY OF SOUTHLAKE SOUTHLAKE PARKS DEVELOPMENT CORPORATION SALES TAX REVENUES 1993-94 collected budget balance budget to date balance percent $160.000 $29.145 $130.855 81.78% FISCAL YEAR MONTH 93/94 October $0 November 0 December 0 January 0 February 0 March 0 April 0 May 29,145 June 0 July 0 August 0 September 0 TOTAL $29,145 SLSTAX94.WK3 06/14/94 N M a! 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Z: ul _ 0— df QQII E +N1 �,+ _ _ � _ �L+ +> L 41 +1 >. +1 C MM M L +1 C C_ '_ w 40 N 0-01++ N m Y so C++ O N >. 0 >• >• 0 Y 7+ Cw i L L CU —LW-- 104 aY 01++ 01 cI� OOZ +1 +1 0 +• N U ++ >>.oQL- ?A M4-3t > Er Lv3c-- U MlCO ICOO IO E%a olm 0 L^�27�0!004 3 C-4. •� ] .00 U U-+.4i.La).AL000 U ILLARa-NL�CYYCWC. L40 2.>IMCD40014� LLMV;OLNT17>OOLLIQrt70101NIQNOWN++00000OL NQODmmUUOWWWLL.ILG(7SiIYYJJZZCLO.LCO:NI/1N===2 7EN0/L7>. LLo ~ IOQQOt.+J�F-1-F- sw H F SX N F- M mO O.H ow r t� 02 0 +1 MO M L 7C U �w ,ONE Co John Sharp p Comptroller of Public Accounts Austin, Texas 75774 PE X AS 512/463-4000 June 10, 1994 .LBJ State Office Building The Honorable Gary Fickes Mayor City of Southlake 667 North Carroll Avenue Southlake, Texas 76092-9595 Dear Mayor Fickes: RECEIVED J U i 1 3 1994 CITY SECRETARY This month's city sales tax rebate includes the first allocation of the new local one-half percent sales tax increase approved by voters in your city for economic and industrial development. This rebate will be included each month as a part of your regular sales tax allocation. To estimate what part of the total is a result of the one-half percent increase, you can divide the total amount by three. The businesses and merchants in your city play a big role in helping my office get your check to you each month I am also grateful for your cooperation. As always, if you have questions, don't hesitate to call my office. To reach our Tax Allocation Section, please call toll -free 1-800-531-544L extension 3-4530. Our direct line is 512/463-4530. Sincerely, aS P Comptroller of Public Accounts Enclosure MUNICIPAL COURT MONTHLY REPORT MAY 1994 1. NUMBER OF CASES FILED: 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures B. Payments of Fine C. Cases Dismissed 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty (2) Finding of Not Guilty B. Trial by Jury (1) Finding of Guilty (2) Finding of Not Guilty C. Dismissed at Trial 4. CASES DISMISSED: A. After Defensive Driving B. After Deferred Adjudication (W C. After Proof of Insurance "s 5. CASES APPEALED 6. WARRANTS ISSUED TRAFFIC NON TRAFFIC Non State City Parking Parking Law Ordinance Total 749 13 32 2 796 0 0 0 0 0 182 8 15 6 211 144 0 3 0 147 6 1 1 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 80 0 0 0 80 8 0 1 0 9 99 0 0 0 99 0 0 0 0 0 37 0 0 0 37 TOTAL REVENUE COLLECTED: CITY $19,436.60 STATE 12,597.50 TOTAL 32,034.10 MUNICIPAL COURT MONTHLY REPORT APRIUMAY 1994 COMPARISON (aw I APRIL MAY 1. NUMBER OF CASES FILED: 1000 796 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 B. Payments of Fine 248 211 C. Cases Dismissed 215 147 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 1 8 (2) Finding of Not Guilty 0 0 B. Trial by Jury (1) Finding of Guilty 0 0 (2) Finding of Not Guilty 0 0 C. Dismissed at Trial 0 0 4. CASES DISMISSED: A. After Defensive Driving 61 80 B. After Deferred Adjudication 131 9 (W C. After Proof of Insurance 83 99 5. CASES APPEALED 0 0 fi 6. WARRANTS ISSUED 16 37 TOTAL REVENUE COLLECTED: CITY $20,943.50 $19,436.60 STATE 12,994.00 12,597.50 TOTAL 33,937.50 32,034.10 IV4 - .2 SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY MONTHLY REPORT May, 1994 POLICE SERVICES Citations Issued 797 Residential Burglaries _4_ Arrests _41_ Business Burglaries _1_ Traffic Accidents _19_ Vehicle Burglaries _4_ Alarm Calls 167 Assaults 4 Animal Calls _53_ New CID cases assigned _41_ Thefts Under $750 _9_ CID Investigations Cleared _45_ Thefts $750 and up _3_ Active CID Investigations _43_ FIRE SERVICES Residential Fires 2 Ambulance Calls: Commercial Fires 2 Vehicle Accidents 8 Other Building Fires _0_ Non -accident EMS _26_ Vehicle Fires _0_ Total Patients Transported _26_ Grass Fires _0_ Grass/Weed Complaints 7_ Fire Alarms - False 8 Burn Permits Issued 1 Fuel Spills/Leak _5_ Pre -fire Inspections _8_ Other Haz-Mat Calls _1_ Building Plans Reviewed _16_ Bomb Threats _0_ Other Fire Calls 38 SUPPORT SERVICES Total Police Service Calls 755 Total Training Hours: Total Fire Service Calls 39 Police 32 *Crime Prevention Surveys N/A Fire _27_ Total DARE Classes Taught _38_ Communications _13_ Warrants Received 4 Volunteers 0 Warrants Cleared 13 Total Personnel Trained _12_ Total Warrant Collections $1,214 9-1-1 Hang-up Investigations _5_ *Crime Prevention information not ava'lable - Officer in school r Q Z LLJ qzt Uwe LL � Q� QU � J CO Z0-Z O Q � 04 "4 r t L14 -X -14 H ::1 U U J, U J 1 U U cd > Ui H 41 r-i v ri U r-( 14 a) •r1 �4 Q) 0 �A Q) q •ri CQ CQ E W PU i ( Q �i }4 i4 JJ a) a a H O S40 \ }400 1A00 (d(n D�4 >4 E >4 0 >1 0 >1 U u] 044 3 O 4-4 4J 044 JJ rO N a) aG r 1 L4 rl 44 U JJ 44 0 J, a ?C Ur-1 UN UN U U rl Qi rl rl > rl 0 (d J ! >~ U) J-) JJ a) x U 1 0 r�4 0 r-i o r-1 0 3� r4 b b a) r-I 0 U a) r-i J, a) ,-I J, 0 (d �4 �i �4 �i �4 �i �i a) JJ rn a ) E aD �i 0 °o1 0 1 -) 44 4J owe 'd oa Ao¢ , o rn A E A AEAi E -r1 -r1 m I~ rn 0 rn 0 0) 0 0 0) I~ a) (d o O r-i 4-) a) M J) a rd 4-) 3 bl E .A 0 r-I0 �, H -r1 > U 4-),J a) > U JJ > U 41 I~ � 'b .q rd 'b rd r-I .J a) A a) a) b �4 -'4 �i x �i x �i CO JJ �4 b- rn b a ro - E b- E -ri x 0 p 0 �4 0 �4 O 0 H 0 i4 Z a) E �4 A �( A > �4 H 0 0 0 0 O O O (d (d O I~ ri r-I a) (d >=.r -ri :� 0 -H �% (d 0 -r-I U 3 U 3 U 3 r .'� U HQJ-) ZrZi HQ U) HQ U1 Q�3: Q'> H: W' a� a >w O0\0 0\0 0\0 0\0 0\0 OP 0\0 v o O O O Ln o o)p 0\0 GM oM o dr N r A r-i Ol r-I O O O O al W> r ( r I H rA dr dr +.. a a w a a r-I r A H (r) \ N H rl r1 •r( Ol Ol a a a U O a) 44 h (d h (d h cd h �C �C a) s~ cn a) a) �i a „ ri)o or-I a) > Cl) U) J, 4J E r-I N G4 U O a) (7f W 0 > 0 •ri 0 0 U J, �44 4-)r-i U E a (d JJ a) 1-i JJ -ri 44 aI U U (d •+ 4-4 0 E U) (d �i cd �i U �i ri (is JJ U) 41 t~ J, 0 } j ri JJ (d rd �j (15 1)4 JJ �( }-I Ul -ri P U) 4a A 'U s~ 1~ �i O > U U) a) 0 >10 is r{ } a H rl Oro W U 0 U) 44 H (s a O O U � Q)a) Q) q 0 a-ri ED a a) a) �i J, o JJ aD 0 04 •r1 bl o E Q) O JJ N U N a) r� H 0 (d I~ H Iq m ri 0 •r1 �i •!+G r1 (d E �+" U O t3) u H JJ -r-I a) a) }4 Q) M 0 : U a :� �i U ri ri i-t W a) 0 r, > „ > U (d 0 a) E 0 a a) h > -r 1 -ri U a) O a) (d M (n �i O (d r I 0 0 E E O a) (d rd A rd U A a P a) 3 U a, U) w w fx 02: p ORS . r I N m dr Ln l0 L` 00 Ol H H Q Z J rn rn Uwr LL Q� U J m Z d Z O 0 � Q U-r-I 01 O i4 O S4 U ai � 01rl 41 3 44 r� b r r1 M (d k a) 4 10 a) O -1 �4 X: a a) (L) �4 a (d rq b v U Eato a) > to ra to is r i o r( f 4 -r-I r1 i 4 r-i 0 I~ w a a -r1 (d �4 -H M -ri (1) ri o rl r-i (d •,-i o r4 G a) 41 -ri 04 U •,l 4-4 r-I ri >1 rd 41 (d 1y 5C � 3 'd A •� m A to q 4 O N O a) �4 0444 Z w I~ �4 (d a-r 1 >. ro (d E 44 (d r� 41 (10 ABED E0 �4o 00�4 4 (d (d 4 �+ �� a O (d 041 O o U� r-1 ri ri rcl ED M 0) 0 U 0) 44 -ri H O 01 cQ M � �4 to •i4 �4 4-) 4-) o U to t� rn r( A 3 O O a) ri 44 O bl U 04 a) O ro v 3 G4 I U) U O N 0 (d �4 4-3 0 S4 C7 a) �4 ,i �4 S4 C7 U U E 0 a) G 4 O ri •ri v E t4 •r1 (L) O (d O) U 0 �4 rO •rq ri 4a b) r i1 � �4 r-I m 4-) -ri O (d G (d O r, a) rO -ri O 4j A m O 44 a r-I a r-i U w (d 3 U H A a A U a A 'w W: tI; OM 0\0 OM GM 0\0 0\0 OM 0\4 Ol- 0\0 in in Lf) in (n O O (n O (n (- N N Ql (- OD N ri G". 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G. C. G. o. G. `n. m m am m a a a w c. a �. o a a n d d d d G `� 4 a A 4) a. T u k. cck`�p. S y ° P4 a QC 46 u ' g "' 1 v 000 > '., >� �"' O . O n �O! h' a. Q O > "•}. cc x x - Q C C U 3 M 7 v1 fy m 00 M cl, NT O1 C.)en � V�1 b O �p M d enN en.--i �O�yy� .............. H n N b h en h hN O N 0 A z Q" co d cc O N co N G ti _ '" Cl. A N •> A U U CcQ W V F C C G tY O G O C O (� O C 3 7 � 0 'Geo ❑ C o 3 o x ui ua 3 z 3 3 w avi 3 z 3 3 z uS 3 uiQ Q° .1 C C N C 4. Pr C y O ""'� ., h �.. •O .. O r'�C a �C Y 1 t a H d O w 3 O d 13 U cU G m x 'e •O P. �O+ O �y ttl O p 7QQ p C 60. Y o C O T V.00 8 7 7 7 0 8 8 }O. p}� V U A A x � O d .0. a a'.9 7 (n 2 U9 y rn in P E- P P City of Southlake, Texas (W M E M O R A N D U M June 06,1994 TO: Robert Whitehead, Director of Public Works FROM: Brad Payton, Street Superintendent SUBJECT: Monthly Report for Street Department May, 1994. ---------------------------------------------------------- Description Apr Mav 1. Tons of asphalt used a. Hot Mix Asphalt 35 6 C. Cold Mix Asphalt 50 300 d. Base Material 20 200 2. Lane Miles of Road Repaired 100 100 3. Number of Street Signs Repaired or Replaced (all types) 47 34 4. Feet of Ditch Line Cleaned and shaped 200 300 5. Number of Vehicles Repaired 0 0 6. Row mowed in miles of streets 92 92 BP/cbk UTILITY DEPARTMENT REPORT MONTH MAY, 1994 APR. MAY GALLONS PUMPED FROM WELLS 0 0 PURCHASED FROM FORT WORTH 63,996,000 50,76S,000 TOTAL PUMPED AND PURCHASED 63,996,000 50,768,000 WATER METERS SET 39 54 NEW WATER TAPS MADE 2 1 VALVES REPAIRED 9 17 VALVES TESTED 29 28 FIRE HYDRANTS INSTALLED -0- 1 FIRE HYDRANTS REPAIRED -0- 4 FIRE HYDRANTS FLUSHED 2 25 DEAD END WATER MAINS FLUSHED 34 3 WATER MAINS REPAIRED 5 1 WATER METERS AND SERVICE LINE REPAIRED 6 6 LOCKED METER FOR DELINQUENT PAYMENT -0- -0- PULLED METERS 3 0 1 3 METERS REPLACED MISCELANEOUS WORK ORDERS 221 205 SEWER LIFT STATIONS CHECKED (4 L.S.) 84 84 REQUIRED MONTHLY SEWAGE TESTS 10 8 SEWER PLANT MAINTENANCE (BANK & DOVE) 42 42 SEWER MANHOLES INSPECTED -0- -0- MISCELLANEOUS PROJECTS 1 0 WATER SUPERINTENDENT PUBLIC WORKS DIRECTOR OF City of Southlake, Texas MEMORANDUM June 16, 1994 To: Curtis E. Hawk, City Manager From: Tom Elgin, Planner, Community Development Department CITY MANAGER lo- to �,� Subject: FEASIBILITY & CONSTRUCTION AGREEMENT CARROLL MIDDLE SCHOOL GYMNASIUM/RECREATION CENTER At the April 12, 1994 Joint Utilization Committee meeting, the committee suggested an agreement be drafted between the Carroll I.S.D. and the City to cover construction aspects of the gymnasium/recreation center which will be built at the Carroll Middle School site. Another agreement covering the usage of the facility will be drafted prior to completion of the gym construction. The construction agreement is attached. This agreement authorizes the formation of a Feasibility and Construction Committee, charged with the responsibility of performing a feasibility cost analysis of the project. The committee will have general oversight over the construction. The Agreement provides the terms and conditions governing the construction with the District having primary responsibility for construction after the bids are let and accepted. The Agreement has been approved by the Joint Utilization Committee and the Carroll I.S.D. School Board of Trustees. Please place this item on the June 21 Council agenda for consideration and approval. //X* /lc Attachment: Agreement c:IwpfilesI flVnFeasAgr S;�?— JOINT UTILIZATION AGREEMENT FEASIBILITY & CONSTRUCTION CARROLL MIDDLE SCHOOL GYMNASIUM/RECREATION CENTER STATE OF TEXAS § COUNTY OF TARRANT § This agreement is entered into by and between the City of Southlake, Texas, a home rule municipality, acting herein by and through its duly authorized Mayor, Gary Fickes, hereinafter referred to as the "City," and the Carroll Independent School District, a special purpose unit of government organized and acting under the laws of the State of Texas, acting herein by and through its duly authorized President of the Board of Trustees, Mike Brown, hereinafter referred to as the "District." WHEREAS, the City and the District have entered into an Interlocal Agreement for Park, Playground and Other Recreational Facilities which outlines the parties' goals to provide for the joint construction, funding, operation, maintenance and/or use of recreational facilities for the enjoyment and benefit of all citizens; WHEREAS, the City and the District now desire to enter into this agreement to provide for the terms and conditions governing the construction of a gymnasium/recreation center at Carroll Middle School, pursuant to the Interlocal Cooperation Act, Texas Government Code, Section 791.001 et seq. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: 1. The District and the City hereby agree to the creation of a Feasibility and Construction Committee, hereinafter referred to as the "Committee," to perform a feasibility cost analysis of sA Z the construction of a gymnasium/recreation center at the Carroll Middle School, to consider design and construction aspects, to communicate and inform findings to the District, City, and the Southlake Parks Development Corporation (SPDC), and to have general oversight over the project. The Committee will consist of the City Manager and/or his designee and the District Superintendent and/or his designee. 2. The District and the City hereby agree to share in the construction and utilization of a gymnasium/recreation center at Carroll Middle School. The District will prepare bid specifications which will be submitted to the City for approval. After approval of the bid specifications, the District is authorized to take bids for the construction of these facilities in conformity with state law. Upon receipt of bids, the District shall award a bid to the lowest responsible bidder approved by both the District and the City. All bids shall be within the budgeted guidelines prior to acceptance. The District shall be responsible primarily for construction after the bids are let and accepted. 911 The City shall pay to the District an amount not to exceed $500,000 for costs of the gymnasium/recreation facility. Prior to construction, a schedule of the approximate monthly payments will be prepared and presented to the City to be used for planning purposes. Actual c: \wpfiles\joint\feascon. gym 2 5'09- 3 monthly invoices will be calculated on a percentage -of -completion basis of the work that has been performed. The City shall pay the District at the time of the presentation of an invoice. 9 Prior to completion of construction of the gymnasium/recreation center, the District and the City shall enter into a utilization agreement with respect to the continued use, maintenance, repairs and other matters relating to usage. 5. To the extent not specifically modified by this Agreement, the use of District Property shall be governed by the Interlocal Agreement for Park, Playground and Other Recreational Facilities previously executed by the parties. Executed this day of 1994 in Tarrant County, Texas. ATTEST: City Secretary c: \wpfiles\jointWcas-con.gym CITY OF SOUTHLAKE Mayor Gary Fickes 3 CARROLL INDEPENDENT SCHOOL DISTRICT By: President, Board of Trustees ATTEST: - L Se retary, Bo Directors c: I wpfil-IjointV--con. gym cAwpfiles\joint\fcas-con. gym City of Southlake, Texas MEMORANDUM June 16, 1994 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Approval of New Canine The Southlake Department of Public Safety's canine program was approved by action of the City Council on July 21, 1992 with the adoption of Resolution 92-33 (copy attached). The program has been successful in public relations exhibitions, crime prevention, and as an investigative tool. There have been numerous drug detections in our City and with other mutual aid incidents that have led to forfeiture of money and vehicles. The current department canine, Dune, is approximately nine years old. The sanctioning association has stated that Dune will only certify at 80 % next year. We have acquired another canine as a replacement, Fonzie, equal in qualifications to the animal that we currently have. Fonzie will complete his training this week and will be available for service after Council approval. The purchase of this animal was made from Southlake Department of Public Safety forfeiture funds and will not impact general funds except in maintenance and upkeep. I request City Council approve the appointment of Fonzie as the canine for the City. I am available for any questions or comments that you might have. BC/mr Attachment wpWem WewK9.App City of Southlake, Texas RESOLUTION NO.92-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, RECOGNIZING THE CANINE AS AN OFFICIAL POSITION WITHIN THE SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY POLICE SERVICES DIVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is in the interest of the Citizens of the City of Southlake to provide Public Safety Services in the detection of narcotics, the apprehension of criminal offenders, and the locating of lost persons; and, WHEREAS, canines have demonstrated their ability to assist in such public safety endeavors; and, WHEREAS, the Southlake Department of Public Safety has established policy guidelines governing a canine program. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The position of a Canine is hereby recognized an official position within the Southlake Department of Public Safety Police Services Division structure. Section 2. The position of the Canine shall be governed by the policies, rules, and regulations as established by the Director of Public Safety and the applicable State and Federal Regulations. Section 3. This resolution is hereby effective upon passage by the City Council. PASSED AND APPROVED this the -c2j_ day of , 1992. fl H L andra L. LeGrand City Secretary .J 6A- - CITY OF S By:/ � Gary FF TEXAS It / , " Mayor City of Southlake, Texas MEMORANDUM June 17, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of Bid for 12 Inch Waterline Improvements North of Right -of -Way F.M. 1709 and East Right -of -Way Shady Lane GENERAL INFORMATION Advertisement was published on May 29 and June 5. Bids were publicly opened and read aloud on June 16, 1994. BID TABULATION See attached bid tabulations prepared by Cheatham and Associates. SPECIAL CONSIDERATIONS None FUNDING/FISCAL IMPACT Funding for the 12 inch water line project will be provided from $1.3 million Water Revenue Bonds. STAFF RECOMMENDATION Staff recommends that the City Council award the bid to low bidder Bil-Mik, Inc. in the amount of $142,570. Please place this item on the Council's June 21, 1994 agenda for their consideration. r � / Attachments: Bid Tabulation Sheets wpfiles\memos\ 1709wat.bid 5c-/ JUN-18-1994 10:53 P.01 CHEATHAM AND ASSOCIATES June 17, 1994 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Award of Bids for 121, Water Ulne haprovements S.H. 114 to F.M. 1709 Job No. 001420 Dear Mr. Whitehead: Enclosed herewith is the bid tabulation for the subject project. The project was bid on June 16, 1994. As shown, the low bidder was Bil-Mik Inc., in the amount of $142,570.00. Bil-Mik has perfbr med for the City in the past, and has done satisfactory work _ Therefore, we recommnend that the Contract be awarded to the low bidder, Bil-Mik, Inc. of Keller, Texas_ If you have any questions, please give us a call. Respectfully, Eddie Cheatham, P.E. %wuddalclbile k-11 G Enclosure - Bid Tabulation ENGINEERS * P1.ANNEM - SMV11YORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. • Suite 200 * Arlington. Texas 76011 8171548-0696 - Metro 265-8836 • Fax 817/265-8532 5c -z JLH-18-1994 10:53 P.02 o vt p r ~ ri • ,� o m M � a. (w b �i9 • 00 V3 O 0 [V m LJ�w�a�a �V 4 ;L4 fn ra, F � N ; �r,-� E i s cm, QXX ' ZCa 3�c7nx.w� :n g i �., .Q : F V1 �O ee to C Qa4 m d t U W tea. r o i F Z p I F°°N� I o : ru_ ;3a Z m iz> i _J (LC a W O `� Z W po rn �+ n�44 o Lu a W i z i0 • n.t� � 4 w . O O Az� � a C fLL. w o c W C a oGn = i w Naz r- . o z Q! i = i j 0 • W_ o U o W N � z ' z €Wc Q;a o a I— Irl i J LL 0� 4 o " _ O } Te 7 0� dk L — _ u u1 t u } Q J d 5e-3 JUN-18-1994 10:54 P.03 led Ln ! 4 Oar" sr r .r CD N iV I CY 1 �Xdry q ov $�Naoo�ti mka �SEZG 6 �( inIN aYN��ia'� �NtV On UA �lcauof�a fJ1 O'o,pQGox.wd ; � Qi oao 0 oa � U° p o ref �+ ,a, U b m�� ! V T � � r r � •� N'Q ccC'q • z x z LU o ory� c o0 pCmoc� Wit) rL T T � I r-. oo ooaog a o00 ' W - ttA'� • ooC3 oQQ [+a N iA ; fM�a 14 4 .o 0000 o o� - .00ao Z Z �r uj 1 1 4 - aS�. O tV i� 1 }'C3 Zv- e? tea. rO�cOf' o ��ryNCD ~ � 4�a� LLI m l ! I � O N N N Cf � J a z pi Z _i iW ;a xm a I :m um4 O J J I6 ,, I Q h C zte�e i - v�� OC w I iy U m c z� � � o O ul2 T -ot-.- U CC - 0 m s s TOTAL P.03 JUN-18-1994 10:58 am (M w W Q CL W Z J W T W c! CL W. a LL Z a P F U) Z 0 ' { b b o 00 noc5aoan bo d o o� E O Oi U M � E LLI ui as E C v N z g aSEC, i E c ou3 0 ' � U E � e� za 0 obobo4ngaobdb 0 0 0 0 0 0 o g 0 o i Q i �. o00 0 o c 'o aErs U E p w O O O O O b b O• a dDo 0 0 O ' a v oo, �, 000roc M CL t0 l�J OQ pq i ' ry ry Ajub Q S d _ _ Mi vi a �o E- •'�o¢ a O Ex�►o�x Q N N O o b M m i Z4 Ch i J o d 1 IL " d of)d ti ti LL_ eQ tt ' Q w O CS 7 -1 J 3 H 2" 4 zy0.aLi �� Ul F' p4 I z auj 4 € Neu, i p Lu as - J Q } m Q- z 4 N-U > i mtn ..7� R 4 a�ggqm ? �"d' �� $ LU LuuE-a O)2Mq O } �n.aC =4' ;w 0 aow©�1 lit- --1 C3M t+faT io Qj�e"N 7 HzLCj TOTAL P.01 ORDINANCE NO. AN ORDINANCE REJECTING A PROPOSED RATE INCREASE FOR H2M WATER SYSTEMS, INC., FOR WATER SERVICE PROVIDED TO INDIAN CREEK SUBDIVISION AND LAKEWOOD RIDGE SUBDIVISION WITHIN THE CITY OF SOUTHLAKE, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, on May 9, 1994, H2M Water Systems, Inc. filed with the City of Southlake a proposed rate increase for two (2) public water systems within the City of Southlake, serving Indian Creek Subdivision and Lakewood Ridge Subdivision. WHEREAS, the City of Southlake has original jurisdiction over rates charged for water service within its municipal boundaries pursuant to Texas Water Code §13.042. WHEREAS, Southlake finds that the information submitted by H2M in support of the proposed rate increase does not substantiate that increased rates will be fair, just, and reasonable, and the services will be adequate and efficient. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The said proposed rate increase of H2M Water Systems is hereby rejected for application within the corporate limits of the municipality of Southlake. Eq SECTION 2. ' Nothing in this ordinance shall be construed now or hereafter as limiting or modifying in any manner, the right or power of the governing body of this municipality under the law to regulate the rates, operation and services of water utility services providing water within the City. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION S. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. ?b �z- -z- PASSED AND APPROVED ON FIRST READING ON THIS DAY OF- 19 9. MAYOR ATT ST: SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: f:\files\md\sl-ord.2water -3- City of Southlake, Texas MEMORANDUM Im June 14, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-39 Rezoning Request/White Chapel Place Ordinance No. 480-124 REQUESTED ACTION: Rezoning for a 13.729 acre tract of land situated in the Hiram Granberry Survey, Abstract 581, being a portion of Lot 2, Block A, White Chapel Place Addition. LOCATION: East of South White Chapel Blvd. at the intersection of Lilac Lane and Pine Drive OWNERS: Wanda Pulliam and Deloris Ann Pearson APPLICANT: Stephen J. Bezner CURRENT ZONING: "RE" Residential Estate REQUESTED ZONING: "SF-lA" Single -Family Residential LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Thirteen (13) RESPONSES: Received four written responses: * John Koster, 250 Silverwood Circle, in favor. * James Branton, 6115 White Chapel, undecided, would like to have more information. * James & Mary Jo Zanaboni, 811 S. White Chapel, undecided. * Jack & Barbara Rudduck, 217 Lilac Lane, opposed, concerns are: no buffer, road on fence line, pond overflow due to landscape change. P & Z ACTION: May 19, 1994; Approved (6-0) COUNCIL ACTION: June 7, 1994; Approved (7-0) First Reading, Ordinance 480-124 qc- City of Southlake, Texas SPECIAL, ISSUES: Prior to recording of this plat revision, the applicant must submit j percolation tests and septic system feasibility analysis for the r d lots Shou ld ths i id ntify otential roblems the s' f KPG/bls C:\WPF\MEMO\CASES\94-39.RR p opose e p p , o some lots may have to be increased in order to provide sufficient area for a functional septic system or other innovative system as allowed by the Tarrant County Health Department. Note that the nearest public sewer is approximately 550' to the East in the Timarron development. 7c,- Z 1.0 AC s s TR 2Ai 'a TR 2A10- 3 1.93 AC .84 AC �« .. TR 2 TR 3J s sTR2A1A s .97 I '« 2.5 AC (�S - TR 3F '( (\ � V 122G� AC (3.23 AC)3 U . 00 AC) I cc SR I 1 s 1.0 AC r` w M \ Z — _ sTR te ... a — � — 1 -6.0£ TR 3H 1.0 AC + 2 G ES ~� 15g5p 2R J w A 4 � 1 TR 3G PIN �2gA5 I PINE CT E 2.0 AC F PINE ACRES C TR 2A q �gg15 a 3 TR 381 C�EEK TR 3E 1.0 AC c^f]�N 3 .73 AC { J n fM ,M AKOERSON. WtLFREO T� 4 �' 1 p�iBEa 1100 I I G T A N 0 Y NNo 5g g96A "SF -IA" „AG„ O a09 A� Aa HEYNE.ROY I TR 281 A `�� A vey ,.. "AG"I 4.0 AC � J UTALLEY. SANORA 5g1 I 1 TR 4 2 3 1.63 AC z e ,.. "AG":' AG"j # TR 48 I LILAC 4.5 AC I b !0 BRANTON, JANES 2 TR L i - I 2C3A I = .45 AC ' I O CEORAS. KdXTH .. 3 I � RE i m 2 AG�. I 1 TR 2C2A TR 2C : TR 2C3 7.0 AC 4.0 AC UOOUCK. JACK 3.54 AC O I U 4A1 I RE 4A2 I .99 @ 1.44 @ ZAHASONI, JANIE _ I RE E 481 I 48 OIEPENBROCK. O KOSTER. JONN I rN r•. rx r: MAHTTR T58 L G "R-PUD"22 _ 21. 20. 19 181, 17 ;_ SE 6.0 AC 23 f £ HUNK. R "AG" nPONSILVERWOOD CIR 24 cc Cl Thoaae. Dales TR5C 5 6 10 AC I I 25 s „ cc w > « i b , 26 q= 4,3 2 .. i N ADJACENT OWNERS AND ZONING Il t s , a thf� l�lj e1i�e �ei n W _ K b �• Cj �o O Im Q xn — g' i _■ - m < � WX W ''� o �� y <►- x�S f ll 3 < . of W t vo i e� 5 E ° ° Yli g j o Z w �Fj 4 O � _ < fc <� Y 'it �O fT7 b -- i � I Q zty,S [( y I ...... ..__... ..._.. .. cc iiig :y __ 3NVl OVlll G O O yaGV e Z Z X/4; J 'Aii 0 h TEXAS ORDINANCE NO. 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 A 13.729 ACRE TRACT OF LAND SITUATED IN THE HIRAM GRANBERRY SURVEY, ABSTRACT NO.581, BEING A PORTION OF LOT 2, BLOCK A, WHITE CHAPEL PLACE ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE" RESIDENTIAL ESTATE TO "SF -IA" SINGLE FAMILY-lA 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. --TtHF4kEAS,1he--Cit y of Southlake, Texas is a home rule City acting un arter adopted by the electorate pursuant o xas onstitution 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 "RE" Residential Estate under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and CAORMZONING\480.124 Page 1 MA 11.J , `c IM damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: C:\0RD\Z0NING\480.124 Page 2 g G_ r f Being a 13.729 acre tract of land situated in the Hiram Granberry Survey, Abstract No. 581, being a portion of Lot 2, Block A, Whits Chapel Place Addition, and more fully and completely described in Exbibit-"A" attached hereto and incorporated herein, from "RE" Residential Estate to "SF -IA" Single Family-lA Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this CAORMZONINGW80.124 Page 3 APPROVED AS TO FORM AND LEGALITY: Im Im CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CAORMZONINGW80.124 EXHIBIT "A" BFJAWNG at .a Vr iron rod set for the moat northern Nor t aet oomer of sold. Lot 2, said ,rod deo being the Souttieoat oorner of lot I of add 1ldMon b*V on the ' treat rW of -way fine of Pine Drive (a variable r{pht-of-Wray! add owner. dw being on the North Ins of a-026 aore h'Vresa/egrcae'troot of land oonvayad to Debris kin Paarnon reaardbd in Vokxw SM Poo 2385 of the Deed Records of add Counfyt PENCE done add Meet cIMp f-way floe South o• or 29'Eoet a _datanoo. of `)OW feat to a. V2' iron rod set for oomar on the k Weadtion of sdq : Vest -rVyt-of-nil qne and the South rigtit-of-ray the of LDW Cane (a va low r *—o f- PENCE dong add South rV*,of-Tray Me due Eoat a datanoe of 2646.1eet. to -a VY kron rod set -for the -nowt souther j Mortheast-.Mner of. cfarewd tilt -21 PENCE done the East property Gm of said Lot. 2 donp at fence :.South W 4T' V East. a -distdnoe of W&42 feet to a .V2' loon rod f o nd� PE4M dWV_tha South property Ifns of said Lot. 2 South .Sr 23t5r lost, along a fens, a distam of 658M feet to a 3/84 iron rod found .for corner PENCE done .the most east" beat property Eire akxV aid near a fence of 5dd Lot 2 North or IS' OW Eost a datunoe of 659.09 foot to a ralrood tie fence corner post fourtdr (W PENCE dory a fenco South 8T tT' 33' Wost a disf of 23M feet to a t/2' I.D. pipe found for owner; PENCE long the most wtoteriy %feet prowty Qne of acid Lot 2, dwv a fence Borth W S4' 02' East a dtatonoe of 25L35 to a fonoe corner poe found for the norttmest oorner of lot 2, also being the eouttwest corner of .lot l of. soil od& tork PENCE d89artina said Meat the North 8r 39' W East a dW-crm of 64L28 feat to the POINT of BEGOM, and oontotning 598,aM sg"e feaf. or M729 cores of fx4 C:\ORD\ZONING\480.124 Page 6 l c—' O City of Southlake, Texas IN MEMORANDUM June 14, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-46 City Initiated Rezoning / Ordinance No. 480-126 REQUESTED ACTION: Rezoning request for a 160 acres of land legally described as Tracts 5, 6A, 6A1, 6B, 6131, 6132, & 6133 situated in the J.A. Freeman Survey, Abstract No. 529 and Tracts, 1, 2, 2A, 2B, 2C, & 2C1 situated in the J.W. Hale Survey, Abstract No. 803. LOCATION: North of E. Continental Blvd., East of South Carroll Avenue, South of Woodland Heights Addition, and West of South Kimball Avenue APPLICANT: City of Southlake CURRENT ZONING: "B-l" Business Service Park District and "I-1" Light Industrial District REQUESTED ZONING: "SF-20A" Single -Family Residential LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Forty-eight (48) RESPONSES: Received four (4) written responses: Four (4) owner responses: * Norman J. Brown, 3409 Heritage Oak Court, Grapevine, TX, opposed. * Theron A. Ragan, 1512 Rainbow St., in favor of SF-20A. * Mrs. Nolan Lemons, 12206 Brisbane Ave., Dallas, in favor, would like to see new sewer lines installed. * Dorothy Rockenbaugh, 1901 N. Carroll, in favor. Four (4) adjacent property owner responses: * John P. Campbell, 218 Westwood, in favor. * Dennis Minder, 223 Eastwood Drive, in favor of residential with a one acre restriction. * Sandra Harper, 1974 E. Continental Blvd., in favor * Shamrock Pipeline Corp, P.O. Box 631, Amarillo, TX, has pipeline easement and would like to be made aware of future preliminary plats. b-1 %aflr VI VVULI IM V, IUACLO One (1) property owner response (outside of 200' notification area): * Darrell McNutt, 212 Westwood, in favor. P & Z ACTION: May 19, 1994; Approved (3-2-1) to recommend rezoning ZA 94-46 to "AG" Agricultural rather than "SF-20A" Single Family Residential. COUNCIL ACTION: June 7, 1994; Approved (7-0), First Reading, Ordinance No. 480-126. STAFF COMMENTS: Should the City Council wish to overturn the Commission's recommendation, a super -majority vote will be required. KPG/bls OR CAW RMEMOTASEM94-462 IN May 25, 1994 3409 Heritage Oak Court Grapevine, Texas 76051 Honorable Gary Fickes Mayor, City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Dear Mayor Fickes, Thank you for your May 24, 1994 telephone conversation with me regarding the proposed residential rezoning of my 9 acres in Southlake, Tract 2A, J.W. Hale Survey. I have the following additional thoughts regarding this proposed rezoning_ I. 1 would not have purchased this property in 1978 if it had been zoned residential because of its shape i.e. 239.5XI650.5. Residental development of this shape would not be desirable. Lots would require a 83.5 minimum width to meet the R20 size requirement which would not be practical. (This would result in a lot size of 83.5X239.5). 2. If zoned residential this land would have to be developed in conjunction with adjacent land owners. This places me in an untenable situation. If for some reason I was not included in the development of adjacent land, my land could go from a positive land value to a negative with high taxes without the opportunity to develope the land to its highest and best use. 3. These nine acres are also not considered desireable for residential development because of the exposure to nearby overhead landing aircraft and the commericial and heavy industrial activity on E. Continental and Bromlow. 4. 1 feel terribly threatened by the proposed residential rezoning and urge the City to delay this rezoning change at this time. Please lead the City to not rezone my land residential. I did not know about the Cities' thinking in 1987 to wait for a period of time to see what would happen to the development of land before rezoning residential. Please consider a further delay of rezoning again to provide time to determine the land's highest and best use which is considered to be B1 at the present but may be R20 in the future. Thank you for your help in this. Sincerely, Norman J. Bro v i ne following torm may be tilled out anct mailed to the City of Southlake Planning and 'Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 94q.6 IM IN I am (in favor of) Qcpposed to (undecided about) the request for the following reasons: RALE SU 120t-Y 70 N l C13& 15 C MC--G iJ t?G61 SIGNATURE: 1 \ ,- _ _ _ 11 ADDRESS: 7340 t1.1 %A p A,L , T STROIJ OuSL`( 0(3JECT, i.u�a�1 r' The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 94-46 I am Cmfavor of) opposed to) (undecided about) the request for the following reasons: SIGNATURE: e) c ADDRESS: L Z.3 CIL iD—j 9 9 � aTYL, �a farnd� `1D -3 J tuic 6, 1994 City of Southlake Southlake, TX 76092 RE: Document No. ZA94-46 Regarding our property located at 1512 Rainbow, we strongly request that this be zoned SF-20A as the city is proposing. We feel that this is the bust use for our property and the propc.-rty adjacent to us. We are totally against the agricultural coning as recommended by Planning & Zoning. Since Timarron has come in with a major subdivision along with a J g professional golf course, we feel that commercial zoning would not be sufficient for our property. We are also opposed to the b<xseball field thatis going in to the east of us. This would not be acceptable in a residential zoning. We would appreciate your consideration in matter as the City is considering its zonum c ges. Sincerely,) Theron A. Ragan 7l)— (c RECEMD J U N 0 7 1994 CITY SECRETARY A M = AAr dune 7, 1994 Gregory D. Last Community Development Director City of Southlake, Texas Re, ZA 94-46 I wish to express zoning to SF-20A my endorsement for changing the with Nat Gibbs, on the property that I, along own which has approximately 69 a total of acres in the J. A. Freeman Survey, Abstract Abstract 529 and J. W. Hale Survey, 803. It is my opinion that the highest and best use for this property in the forseeable future is for Single Family. Many present zoning of years have passed with the "B-Iff and "I-1" imposed on the property without there being any interest shown whatsoever for commercial -type use. it is my belief that it is change. unlikely for that condition to To the contrary, I do believe that residential use is much more likely. -to occur and to be a more favor&ble."e of the property. I act- as trustee for an additional 11.74 acre -tract in the John. -A. Freeman Survey, Abstract 529, Tract 6B, which fronts on Continental Boulevard. I also favor the changing of the zoning on this tract to SF-20A for the same reasons expressed regarding the 69-acre tract. respectfully request your favorable consideration in changing the zoning on this total of 804 acres from "B-14 and "I-1" to SF-20A. Xillle :you very much. Saarm' BF/bs' 70-1 600 Waif Pork stow, Arlington, Texos 76010 • 817/277.4411 Fax 817/5d8-9032 • Metro 261-9171 CTTY OF SOUTH RAKE NOTICE To xmzRESM PROPERTY OWNERS PJWM 3NCE NO.: ZA 2jdfi Dear PropnrW owner: the tuna is A Public homing will be hcld by the City Planning and Zontog Commission on Mau 19. IM At 7130 2-m- in the CRY CoUnCU Cambers at City Aall. At thin time, you may submit your views on the matncr in parson. by wridDS, ar by reP . You sre encomned to follow am requUM sedan dircuo and +tPPMd bea M dMIN we often made during the If you imow Of MW Wtmetod propaty owme who for any rrason hu not teaelvcd s Cupp of this latter, ix would be $matly eppmdaw if you would inform theta of the time and place of this fig. Vary only yaw. Plamdug and Zvnias Cuunai9elan City of Soot aft, Teas (CUT HMM MW Mowing fmm may be Mad out and mallod to the Chy of 9oudilalae plsaairig ad Zaaiag C:o®missioa; 667 North Carroll Avenue. Souddaim, Texas 76M. RA. MMCE NO.: ZA 2jIf I em (in favor of) (opposed to) (uadocicivd about) for the following :tasana: U0 J/ �►,.��,1�0, Tx4s 70-1� . , ZONING Pbg'n" brand fax transmittal memo 7M ofP" 2 EXHIBIT 'A' Dept SY/RWY A t .�_._....�_._. }:jl VS ... ! v •'J1 ' .. Al • �:V4lVIIVMN�t«A. t i'" :�:::.:�:.' '�'�: ..Y. , .5}ti.�tiaweiti. :; ' W. r0�•. :I: 5 ::; t r0 tali....... :: :;'::::::':'...::: r . ' . . 7t • ;.::.:....................:.: .. .:::...... 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N N CN 4 M b 4 Y U Y O M 4 i CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-126 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS y 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 160 ACRES OF LAND LEGALLY DESCRIBED AS TRAC -S 5, 6A, 6A 1, 6B, 6131, 6132, & 6133 SITUATED IN J.A. FREEMAN SURVEY, ABSTRACT NO. 529 AND T CTS, 1, 2, 2A, 2B, 2C, & 2C1 SITUATED IN TH W. HALE SURVEY, ABSTRACT NO. 803, AND MO FULLY AND COMPLETELY DESCRIBED IN EXHIBIT 'A" FROM "B-l" BUSINESS SERVICE PARK DISTRIC AND "I-1" LIGHT INDUSTRIAL DISTRICT TO "SF- A" SINGLE-FAMILY RESIDENTIAL DISTRICT, SUBJ T TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT TH PUBLIC INTEREST, MORALS AND GENERAL WELF DEMAND THE ZONING CHANGES AND A ENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF L ORDINANCES; PROVIDING A SEVERABILITY CAUSE; PROVIDING FOR A PENALTY FOR VIOLATION HEREOF; PROVIDING A SAVINGS CLAUSE; PRO DING FOR PUBLICATION IN THE OFFICIAL NEW PAPER; 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 "B-1" Business Service Park District and "I-1" Light Industrial District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and CAORMZONING\480.126 Page 1 A)_ N WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: CAORMZONING\480.126 Page 2 Being 160 acres of land legally described as Tracts 5, 6A, 6A1, 6B, 6B1, 6132, & 6133 situated in the J.A. Freeman Survey, Abstract No. .529 and Tracts, 1, 2, 2A, 2B, 2C, & 2C1 situated in the J.W. Hale Su*,vey, Abstract No. 803, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "B-1" Business Service Park District and "I-1" Light Industrial District to "SF-20A" 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, CAORMZONINGW80.126 Page 3 7iD-r�_- 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 (4W PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY CAORMZONINGW80.126 Page 4 %j� APPROVED AS TO FORM AND LEGALITY: CITY ATTO RNEY DATE: ADOPTED: EFFECTIVE: CAORMZONING\480.126 Page 5 —j D — c� EXHIBIT "A" BEGINNING at an 18" tree located in the north fence line of a tract of land by deed to Southlake Joint Venture as recorded in Vol. 9232, Pg. 708 DRTCT, said point being the NE corner of said Hale Survey; THENCE S 89057'00" E along a fence 1534.04 ft. to an "X" tie post for corner; THENCE S 00* 15'00" W along a fence 1400.2 ft. to a steel rod, the SE corner of said Souddake Joint Venture tract , said point also. bdW the northeast corner of a tract of land by deed to Nolan Lemons as recorded in Vol. 4348, Pg. 47, DRTCT; THENCE southerly along an east boundary of said Lemons Tract to a point for a corner; THENCE westerly along the south line of said Lemons Tract to a point for a corner; THENCE southerly along an east line of said Lemons Tract to a point in the north right- of-way line of East Continental Boulevard; THENCE westerly along said north right-of-way of East Continental Blvd. passing the southwest corners of the following tracts: (1) A tract of land by deed to Billie Farrar, trustee as recorded in Vol. 5370, P. 284, DRTCT. (2) A tract of land by deed to Charles F. Nelson and wife, Laura A. Nelson as recorded in Vol. 7747, P. 442 DRTCT. (3) A tract of land by deed to Robert H. Rockenbaugh, as recorded in Vol. 8935, Pg. 1514, DRTCT. (4) A tract of land by deed to Joe L. Wright as recorded in Vol. 7982, Pg. 1825 DRTCT, and continuing to the southwest comer of a tract of land by deed to Norman J. Brown and wife, Norma J. Brown, as recorded in Vol. 6444, Pg. 569 DRTCT, said point being in the intersection of the north line of said Continental Blvd. and the east line of Carlisle Lane; THENCE N 00°08'25" E along the east line of said Carlisle Lane, a distance of 1648.47 ft. to an old iron rod and being in a gravel road, said point being in the south line of a tract of land by deed to Theron A Ragan and wife, Dorothy E. Ragan, as recorded in Vol. 6377, Pg. 99, DRTCT; THENCE westerly with the southerly line of said Ragan Tract to its southwest corner; THENCE continuing along the said Ragan Tract Boundary, N 01"21'22" E along a fence 622.02 ft. to an iron pin for corner; THENCE S 88058'57" E along a fence, 111.55 ft. to a pipe for corner; THENCE N 00` 14'03" E along a fence 804.85 ft. to a pipe for corner; THENCE S 89042' 10" E along a fence 1185.8. ft. to an iron pin for corner; THENCE S 00'031'30" E along an irregular fence 407.43 ft. to the POINT OF BEGINNING and containing 160 acres of land, more or less. CAORMZONINGW80.126 Page 6 1� City of Southlake, Texas MEMORANDUM June 17, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works Ron Harper, City Engineer SUBJECT: Ordinance No. 605, 2nd reading, Revisions to Drainage Ordinance Attached is the latest version of the revised Drainage Ordinance. Ordinance No. 605 was on the City Council agenda for first reading June 7th and is listed for second reading this meeting. The current ordinance has been in effect since December 1989. Over the course of the past four years some changes have been suggested for this ordinance, which would serve to make the ordinance more effective in its implementation. Many of the revisions to the ordinance are minor in nature (wording, clarification, definitions, etc.). The more substantial revisions are covered in the following sections. Section Comment 1.02 Revise or add several definitions. 2.02C The technical requirements have been removed from the ordinance so that any modifications can be dealt with by staff. 2.03C The technical requirements have been removed from the ordinance so that any modifications can be dealt with by staff. i 3.05F By prohibiting the impoundment of water in the right-of-way, we reduce the risk to damage to the roadway subgrade. 3.05GI This insures that the ordinance conforms with Texas Water Law in regards to diversions and impoundments. 6.06 This revised section insures that adequate drainage facilities will be constructed by the first developer to impact or exceed these structures. By requiring a developer to construct the required structures adjacent to the property being developed, the City can better provide for any future development within the - I t impacted watershed. This also clarifies the eligibility for pro rata reimbursements if the drainage facilities will benefit other developers. r 7e-L City of Southlake, Texas MEMORANDUM June 17, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works Ron Harper, City Engineer SUBJECT: Ordinance No. 605, 2nd reading, Revisions to Drainage Ordinance Attached is the latest version of the revised Drainage Ordinance. Ordinance No. 605 was on the City Council agenda for first reading June 7th and is listed for second reading this meeting. The current ordinance has been in effect since December 1989. Over the course of the past four years some changes have been suggested for this ordinance, which would serve to make the ordinance more effective in its implementation. Many of the revisions to the ordinance are minor in nature (wording, clarification, definitions, etc.). The more substantial revisions are covered in the following sections. Section Comment 1.02 Revise or add several definitions. 2.02C The technical requirements have been removed from the ordinance so that any modifications can be dealt with by staff. 2.03C The technical requirements have been removed from the ordinance so that any modifications can be dealt with by staff. i 3.05F By prohibiting the impoundment of water in the right-of-way, we reduce the risk to damage to the roadway subgrade. 3.05GI This insures that the ordinance conforms with Texas Water Law in regards to diversions and impoundments. 6.06 This revised section insures that adequate drainage facilities will be constructed by the first developer to impact or exceed these structures. By requiring a developer to construct the required structures adjacent to the property being developed, the City can better provide for any future development within the - I t impacted watershed. This also clarifies the eligibility for pro rata reimbursements if the drainage facilities will benefit other developers. r 7e-L r r Curtis E. Hawk, City Manager Storm Drainage Ordinance June 17, 1994 Page 2 8.03B Additional conditions or situations where the use of retention and/or detention facilities may be required. Section Comment 9.02 This refines the definition of what is reasonably expected of an owner in maintaining drainage facilities. 9.02D Language added by the City Attorney relative to enforcement of the maintenance provisions of the ordinance. Please place this on the June 21st agenda for Council consideration. BW 0 BW\sm Attachment wpfiles\memos\drainage r 0 ORDINANCE NO. ' AN ORDINANCE ADOPTING A STORM DRAINAGE POLICY FOR THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR THE SUBMISSION OF PRELIMINARY AND FINAL DRAINAGE STUDIES; PROVIDING DRAINAGE DESIGN CRITERIA; PROVIDING FOR THE DESIGN, CONSTRUCTION AND MAINTENANCE OF ON -SITE AND OFF -SITE DRAINAGE CHANNELS AND OTHER DRAINAGE IMPROVEMENTS; PROVIDING FOR COST PARTICIPATION FOR OFF -SITE DRAINAGE IMPROVEMENTS; PROVIDING REQUIREMENTS FOR RETENTION AND DETENTION PONDS; PROVIDING FOR THE MAINTENANCE OF DRAINAGE WAYS AND DRAINAGE EASEMENTS; PROVIDING FOR VARIATIONS TO THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 482; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; AND PROVIDING AN EFFECTIVE DATE. HEREAS, the City of city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake has determined that adequate drainage regulations are necessary to protect the citizens of Southlake and the public in general from storm water hazards resulting from the development of properties in the city limits and the extraterritorial jurisdiction of the city; and WHEREAS, the City Council heretofore adopted Ordinance No. 482 providing for drainage regulations designed to protect the public health, safety and welfare; and WHEREAS, after review, the City Council has determined that said minimum regulations applicable to drainage within the city and the extraterritorial jurisdiction of the city should be revised and updated as provided herein. f:\filcs\muni\slake\ordinanc\drainage (12-06-93) r NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. There is hereby adopted a Storm Drainage Policy for the City of Southlake as provided in Exhibit "A" attached hereto and incorporated herein for all purposes. The Storm Drainage Policy adopted herein shall have the force and effect of law. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 482 is hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. f:\files\muni\slake\ordinanc\drainage (12-06-93) 2 X s SECTION 4. 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 or the Storm Drainage Policy adopted herein shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 482 or any other ordinances affecting drainage or flooding 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 6. The City Secretary of the City of Southlake is hereby authorized to publish the Storm Drainage Policy in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time f:\files\muni\slake\ordinanc\drainage (124)6-93) 3 r s and place for a public hearkig thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1993. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1993. MAYOR ATTEST: CITY SECRETARY f:\files\muni\slake\ordinanc\drainage (12-06-93) 4 7E-6 APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: f:\filcs\muni\slake\ordinanc\drainage (124)&93) A STORM DRAINAGE POLICY Exhibit "A" STORM DRAINAGE POLICY Table of Contents Article 1 GENERAL PROVISIONS Page 1.01 Purposes . . . . . . . . . . . . . . . . 1-1 1.02 Definitions . . . . . . . . . . . . . . . . . . . 1-1 Article 2 DRAINAGE STUDIES 2.01 General . . . . . . . 2-1 2.02 Preliminary Drainage Study 2-1 A. When Required . . . . . . . . . . . . . . . 2-1 B. Qualification to Prepare Study . . . . . . . 2-1 C. Requirements . . . . . . . . . . . . . . . . 2-1 D. Exemptions . . . . . . . . . . . . . 2-2 2.03 Final Drainage Study . . . . . . . . . . 2-2 A. When Required . . . . . . . . . . . 2-2 B. Qualification to Prepare Study . . . . . . . 2-2 C. Requirements . . . . . . . . . . . . . . . . 2-2 D . Exemptions . . . . . . . . . . . . . . . 2-2 2.04 Computer Models . . . . . . . . . . . . . . . . . 2-2 A. General . . . . . . . . . . . . . . . . . . 2-2 B. HEC I Analysis . . . . . . . . . . . . . . . 2-2 C. HEC II Analysis . . . . . . . . . . . . . . 2-2 Article 3 DRAINAGE DESIGN CRITERIA 3.01 Drainage Manual Reference . . . . . . . . . . . . 3-1 A. Fort Worth Drainage Manual . . . . . . . . . 3-1 B. Highway Department Hydraulic Manual . . . . 3-1 C. Retention / Detention . . . . . . . . . . . 3-1 3.02 Design Storm Frequency . . . . . . . . . . . . . 3-1 A. R.O.W. / Easement Capacity . . . . . . . . . 3-1 B. Street Capacity . . . . . . . . . . . . . . 3-1 1. Arterial Streets . . . . . . . . . . . 3-1 2. Collector Streets . . . . . . . . . . . 3-1 C. Storm Sewer Capacity . . . . . . . . . . . . 3-2 D . Open Channels . . . . . . . . . . . . . . . 3-2 E. Culverts and Bridges . . . . . . . . . . . . 3-2 3.03 Time of Concentration . . . . . . . . . . . . . . 3-2 A. Average Conditions . . . . . . . . . . . . . 3-2 B. Unusual Circumstances . . . . . . . . . . 3-3 3.04 Land Use Runoff Coefficients . . . . . . . . . . 3-3 A. Fully Developed Criteria . . . . . . . . . . 3-3 B. Land Uses . . . . . . . . . . . . . . . . . 3-3 C. Overdeveloped Tracts . . . . . . . . . 3-3 3.05 Miscellaneous Design Criteria . . . . . . . . . . 3-3 A. Pipe Design Criteria . . . . . . . . . . . . 3-3 F 1. Minimum Pipe Size . . . . . . .' ' 3-3 2. Minimum Velocity . . . . . . . 3-3 3. Changes in Pipe Size . . . . 3-4 4. Vertical and Horizontal Curves . 3-4 B. Manhole Requirements . . . . . . . . . 3-4 C. Street Crowns . . . . . . . . 3-4 D. Culverts . . . . . . . . . 3-4 1. End Sections . . . . . . . . . 3-4 2. Private Property . . . . . . . 3-4 E . Lakes . . . . . . . . . . . . . . 3-4 F. Easements . . . . . . 3-5 1. Outfall Extension . . . . . . . 3-5 2. Open Channel Easements . . . . . . . . 3-5 3. Maintenance Access . . . . . 3-5 4. Detention / Retention Ponds 3-6 G. Diversion or Impoundment . . . . . . . . . . 3-6 Article 4 OPEN CHANNEL POLICY 4.01 General . . . . . . . . . . . . . . . . 4-1 A. Channel Types . . . . . . . . . 4-1 B. Building Line Limitations . . . . . 4-1 C. Easement Widths . . . . . . . . . 4-1 4.02 Natural Channels . . . . . . . . . . . . 4-1 A. With No Improvements . . . . . . . . 4-1 B. Erosion Control . . . . . . . . . . . . . . 4-1 1. Erosion Control . . . . . . . . . . . . 4-1 4.03 Earth Channels . . . . . . . . . . . . . . 4-1 A. General . . . . . . . . . . . . . . 4-1 B. Soil Tests . . . . . . . . . . . . 4-2 C. Channel Shape . . . . . . . . . . . 4-2 D. Pilot Channel . . . . . . . . . . . . 4-2 E. Slope Treatment . . . . . . . . . . . 4-2 4.04 Concrete Lined Channels . . . . . . . . . . . 4-2 A. Channel Shape . . . . . . . . . . . . . . . 4-2 B. Curves or Deflections . . . . . . . . . . . 4-3 Article 5 ON -SITE IMPROVEMENTS 5.01 Owner's Responsibility . . . . . . . . . . . . . 5-1 A. Upstream Drainage . . . . . . . . . . . . . 5-1 B. Installation Costs . . . . . . . . . . . . . 5-1 C. Construction Plans . . . . . . . . . . . . . 5-1 D. Maintenance Bonds . . . . . . . . . . . . 5-1 Article 6 OFF -SITE IMPROVEMENTS 6.01 General . . . . . . . . . . . . . . . . . . . 6-1 6.02 Limits of Off -Site Study . . . . . . . . . . . . 6-1 A. Master Drainage Plan . . . . . . . . . . 6-1 B. Limits of Study . . . . . . . . . . . . . . 6-1 3 74e--,,o 6.03 Responsibility for Off -Site Study .'„ 6-1 A. First Development . . . . . . 6-1 (W B. Credit for Cost of Study . . . . . . . . . 6-1 6.04 Requirements of Off -Site Study . . . . . 6-1 A. Complete Watershed . . . . . . 6-1 B. Accuracy Level . . . . . . . . . . . 6-1 C. Cost Determination . . . . . 6-2 6.05 Off -Site Easement Acquisition 6-2 6.06 Cost Participation for Off -Site Improvements 6-3 A. Adjacent Downstream Structures . 6-3 B. Other Downstream Improvements . . . . . . 6-3 6.07 Construction of Off -Site Improvements . . . . . . . 6-4 A. Remaining Capacity in Critical Structure . . 6-4 B. No Capacity Remaining . . . . . . . 6-4 1. Prior Contributions . . . . . . . . 6-4 2. Future Refunding . . . . . . . . . . . 6-4 Article 7 DRAINAGE STUDY REVIEW PROCESS 7.01 Submittal A. Coordination of Processing . . . . . . . . 7-1 . 7-1 B. Fees . . . . . . . . . . . . . . . 7-1 C. Reproductions . . . . . . . . . 7-1 7.02 Responsibility for Review . . . . . . . 7-1 A. Director of Public Works . . . . . . 7-1 B. City Engineer . . . . . . . . . . . . . . 7-1 C . Approval . . . . . . . . . . . . 7-1 D. Appeals . . . . . . . . . . 7-1 7.03 Impact on Subdivision Approval . . . . . 7-2 A. Downstream Hazards . . . . . . . . . . . . . 7-2 Article 8 RETENTION AND DETENTION POLICY 8.01 General . . . . . . . . . . . . . . . . A. Intent . . 8-1 . . . . . . . . . . B. Scale of Review . . . . . . . . . . . . . . 8-1 . . . 8 -1 1. Development Scale . . . . . . . . . . . 8-1 2. Site -specific Scale . . . . . . 8-1 8.02 Development Scale Projects . . . . . . . 8-1 A. Review Process . . . . . . . . . . 8_1 B. When Required . . . . . . . . . . 8-1 C. Solutions . . . . . . . . . . . . . 8 -1 1. Check Dams . . . . . . . . . . . . . . 8-2 2. Detention Ponds . . . . . . . . . . 8-2 3. Retention Ponds . . . . . . . . . . . . 8-2 4 8.03 Site -Specific Scale 8-2 ' A. Review Process . . . . . . . . . . . . 8-2 (W B. When Required . . . . . . . . . . . . . . . 8-2 1. Overdeveloped Runoff . . . . . . . . . 8-2 2. Change in Use . . . . . . . . . . 8-2 C. Solutions 8-2 1. Parking Lot Storage . . . . . . . . . . 8-3 2. Rooftop Storage . . . . . . . . . . . . 8-3 3. On -Site Detention Ponds . . . . . . 8-3 Article 9 MISCELLANEOUS PROVISIONS 9.01 Contingent Warning 9-1 9.02 Maintenance of Drainageways & Drainage Facilities 9-1 A. Natural Drainageways . . . . . . . . . . . . 9-1 B. Drainage Easements with Surface Structures . 9-1 C. Failure to Maintain . . . . . . . . 9-1 9.03 Compliance with other laws . . . . . . . 9-3 9.04 Enforcement . . . . . . . . . . . . . . . 9-3 A. Development Permit . . . . . . . . . . . 9-3 B. Building Permit . . . . . . . . . . . 9-3 C. Final Plat Filing . . . . . . . . . 9-3 9.05 Modifications and Variations . . . . . . . . . . 9-4 A. Compliance . . . . . . . . . . . . . . . . . 9-4 B. Discretion of Council . . . . . . . . 9-4 9.06 Liability Disclaimer . . . . . . . . . . . . . . 9-4 A. General . . . . . . . . . . . . . . . . . . 9-4 B. Professional Liability . . . . . . . . 9-4 9.07 . . . Injunctions . . . . . . . . . . . . . . . . . . . 9-4 5 f ARTICLE 1 GENERAL PROVISIONS Section 1.01 Purpose The purpose of this ordinance is to provide for the orderly, safe and healthful development of land both within the City and within it's extraterritorial jurisdiction and to promote the health, safety and general welfare of the community, and to minimize public and private losses due to flood conditions. In order to carry out the purpose hereinabove stated, it is hereby declared to be the policy of the City to guide and regulate the implementation of all drainage improvements both within the City and within it's extraterritorial jurisdiction. This ordinance shall be administered using the following guidelines: A. Due consideration shall be given to the City's Master Plan, Thoroughfare Plan, Land -Use Plan and other developmental guides adopted by the City. B. Consideration shall be given to both currently developed property and anticipated development of property in the future. C. Protection of the soils, topography, wildlife, vegetation and other amenities of the City shall be considered an objective of this ordinance. D. Determination of reasonable cost participation in any improvements shall be reasonable and shall be consistently applied to all developments or assessment programs. Section 1.02 Definitions A. General Rules: For the purpose of this ordinance, the following rules shall be applied in constructing, interpreting, or otherwise defining the terms and provisions hereof: 1. Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural number shall include the singular number. 2. The word "shall" is mandatory and the word "may" is per- missive. 3. The phrase "used for" shall include the phrases, 1 - 1 7AE--1.5 "arranged for", "designAd"for", "intended for", and "occupied for", and shall apply exclusively to physical uses. B. Definitions: For the purpose of this ordinance, certain words or terms applicable hereto are defined as hereinafter provided. Words and terms used in this ordinance, but not defined in this ordinance shall have the meanings ascribed thereto in the Zoning Ordinance, the Subdivision Ordinance, or other applicable ordinances of the City. Basin: The entire area of land which drains into a particular design point via natural flow or manmade improvements. Sometimes also referred to as watershed. Benchmark: An elevation reference mark. "CA" Factor: A multiplicative coefficient achieved by multiplying the coefficient of runoff "C", by the area in acres "A" that is tributary to the point of design. "cfs": Cubic feet per second. A measure of the volume of water. Critical Structures: An integral and readily identifiable part of a drainage system, without which the efficiency of the drainage system is compromised. Detention: The detention of stormwater on a site or within a project shall be interpreted as a temporary restrainment of runoff (aw with anticipation of normal runoff over an extended period of time. Development: Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other struc- tures, mining, dredging, filling, grading, paving, excavation or drilling operations. Development Permit: A permit required before development shall begin in an area designated as within the limits of the base flood. Drainage Easement: A delineated portion of land set aside for the overland or underground transfer of storm water. This area shall not have any permanent structures, fences, or other obstacles hindering the safe transfer of water through the easement. Drainage Improvements: All elements of a storm drainage system consisting of streets, alleys, storm sewers, channels, culverts, bridges, swales, and any other facility through which or over which storm water flows. FEMA: Abbreviation for "Federal Emergency Management Agency" 1 - 2 7,6- - / �z "FIRM Map": A map produced by the U.S. Department of Housing and 'Urban Development, which has the purpose of a Flood Insurance Rate Map and on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation of runoff or surface waters from any source; or mudslides which are caused or precipitated by accumulations of water on or under the ground. Flood, "100 year": A flood that, on the average, is likely to occur once every 100 years, (i.e., that has a one -percent chance of occurring each year). Also referred to as "100 year storm" and as the "Base Flood". Flood plain: The area of land inundated with water in a 100-year storm. Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floodway Map: A map produced by FEMA which delineates the flood boundary and floodway. Fort Worth Drainage Manual: The City of Fort Worth Storm Drainage Criteria and Design Manual. Freeboard: A factor of safety usually expressed in feet above a flood level for purposes of flood plain management. Frequency: The average frequency statistically determined for which it is expected that a specific flood level or discharge may be equalled or exceeded. HEC I Analysis: A computer watershed model developed by the Hydraulic Engineering Center, U.S. Army Corps of Engineers, which contains several methods with which to simulate surface runoff and river- reservoir flow in river basins and flows in urban areas. HEC II Analysis: A computer backwater flood model developed by the Hydraulic Engineering Center, U.S. Army Corps of Engineers, which calculates water surface profiles for steady, gradually varied flows in natural or man-made channels. Mean Sea Level: The National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. 1 - 3 %_/s Mudslide: A general and temporary movement down a slope of a mass of rock or soil, artificial fill, or a combination of these materials caused or precipitated by the accumulation of water on or under the ground. Retention: The retention of stormwater on a site or within a project shall be interpreted as a permanent restrainment of runoff with no anticipation of runoff over an extended period of time. Ultimate Conditions: The level of development anticipated upon full development of all land with a watershed. Ultimate conditions are typically determined by reference to existing use and projected land uses on vacant or nonconforming properties based upon existing zoning or the City Land Use Plan, whichever is more intense. Unless specifically stated otherwise, all storm water run-off calculations required within this ordinance should be based on ultimate conditions of development. 1 - 4 ARTICLE 2- DRAINAGE STUDIES Section 2.01 General A. It is the policy of the City to require a drainage study on all property to be developed in the City. The City has endeavored to associate the complexity of the drainage study with the finality of the proposed development. Developments that are in a "preliminary" or "feasibility" phase will require drainage studies that are less demanding in calculated precision than those that are in a "final" state of proposal. Section 2.02 Preliminary Drainage Study A. When Required: It is the policy of the City to discuss and conceptually resolve drainage issues of a development at the Preliminary Plat stage. The applicant shall submit a Preliminary Drainage Study with the submittal of any Preliminary Plat of a proposed development. A Preliminary Drainage Study may also be required by the City when reviewing the merits of a change in zoning, especially when the proposed use is more intense than that shown on the Land Use Plan. This Preliminary Drainage Study would accompany the Concept Plan, or Site Plan as required by the Zoning Ordinance. Approval of the Preliminary Plat or Concept Plan may be contingent on the acceptability of the solutions proposed by the Preliminary Drainage Study. B. Qualification to Prepare Study: The Preliminary Drainage Study shall be prepared by a Professional Engineer registered in the State of Texas and experienced in Civil Engineering and having a thorough knowledge of the study of drainage issues. The Preliminary Drainage Study shall be signed and sealed, and dated by the person preparing the study. C. Requirements: The requirements for a Preliminary Drainage Study shall be established and periodically updated by the Director of Public Works. These requirements shall be maintained by the Director in written form and shall be available free of charge to any interested person. D. Exemptions: The Director of requirement of the Preliminary certain requirements where the requirements are not necessary development. 2 - 1 Public Works may waive the Drainage Study or may limit Director determines that such for a proper review of the Section 2.03 Final Drainage Stud A. When Required: It is the policy of the City to resolve drainage issues of a development at the Final Plat stage. The applicant shall submit a Final Drainage Study with the submittal of any Final Plat, Plat Revision, or Plat Showing of a proposed development. Approval of the above mentioned plats may be contingent on the acceptability of the solutions proposed by the Final Drainage Study. B. Qualification to Prepare Study: The Final Drainage Study shall be prepared by a Professional Engineer registered in the State of Texas, experienced in Civil Engineering and having a thorough knowledge of the study of drainage issues. The Final Drainage Study shall be signed, sealed, and dated by the person preparing the study. C. Requirements: The requirements for a Final Drainage Study shall be established and periodically updated by the Director of Public Works. The requirements shall be maintained by the Director in written form and shall be available free of charge to any interested person. D. Exemptions: The Director of Public Works may waive the requirement of the Final Drainage Study or may limit certain requirements where the Director determines that such requirements are not necessary for a proper review of the development. Section 2.04 Computer Models A. General: The Director of Public Works, upon a recommendation from the City Engineer, may request that a drainage computer model be submitted with the Final Drainage Study. Where a computer model is requested along with the Final Drainage Study, approval of both the Final Drainage Study and the Computer Model shall be a prerequisite to the filing of the plat in the county plat records. B. HEC I Analysis: 1. When Required: A HEC I Analysis shall be submitted on any property which has 1,000 acres draining into the tract at its lowest point. C. HEC II Analysis: 1. When Required: The Director of Public Works may require the submission of a HEC II Analysis in the following situations: /6F:--/P a . Where the property to be deve%oped is adjacent to or is potentially impacted by a FEMA designated floodway or floodplain; or b. Where the property being developed contains natural drainage channels. 2 - 3 %is ARTICLE 3 DRAINAGE DESIGN CRITERIA Section 3.01 Drainage Manual Reference A. Fort Worth Drainage Manual: The City hereby adopts the most current City of Fort Worth Storm Drainage Criteria and Design Manual as the reference for all calculations required by this ordinance. The City shall not maintain copies of the Fort Worth Drainage Manual for the use of developer's Civil Engineers. It is the City's intention by this adoption to help standardize the approach to storm drainage design and use a Drainage Manual which is familiar and accessible to most engineers practicing in this region. B. Highway Department Hydraulic Manual: In cases not covered by the Fort Worth Drainage Manual, the Hydraulic Manual prepared and compiled by the Texas Highway Department's Bridge Division, dated March, 1962, with subsequent revisions, may be used. The City shall not maintain copies of the Hydraulic Manual for distribution. C. Retention and Detention: Retention and detention design criteria shall be determined on a case -by -case analysis using standard civil engineering practices. Section 3.02 Design Storm Frequency A. R.O.W./Easement Capacity: Streets and storm drainage systems shall be designed using a design storm of 100-year frequency. The capacity of the street R.O.W. and/or drainage easements and the storm sewer pipe working in combination must be designed for a capacity to safely contain storm runoff resulting from the 100 year storm. However, no streets will be permitted with the pavement below the 100-year flood elevation of a water course. B. Street Capacity: Whenever the capacity of a street to the top of any curb is exceeded by storm runoff from a 5-year fre- quency storm, a storm sewer shall be designed and constructed. 1. Arterial Streets: The storm sewer system shall be designed so as to prevent ponding on one 12 foot lane in each direction. There shall be no cross -flow drainage at intersections with Arterial Streets. 2. Collector Streets: The storm sewer system shall be designed so as to prevent ponding on at least one 12 foot 3 - 1 ,Z -.20 lane. There shall be no cross -flow drainage with geater than 20 cfs at intersections with Collector Streets. C. Storm Sewer Capacity: Storm Sewers shall be designed for a storm frequency of 5 years. 1. In a case where this 5-year design frequency for storm sewer in combination with surface flow capacity of the available R.O.W. and easements does not contain the 100-year storm, then the storm sewer shall be increased in size and designed for a capacity of a higher frequency, of up to 25 years. 2. At such point where the runoff exceeds the capacity of the 25-year storm sewer in combination with the available R.O.W. and easements, then one of the following approaches shall be used. a. The storm sewer shall be designed to carry the runoff from a 100-year storm; or b. The storm drainage improvements shall be designed as an open channel. 3. Over private property: Any drainage intended to cross private property shall be contained in a closed system designed to handle the 100-year storm unless an alternative system can be proposed which is approved by the Director of Public Works. Adequate easements shall be dedicated for this facility. D. Open Channels: All open channels are to be designed to handle the runoff from a 100-year storm and said channels shall have a minimum of one (1) foot freeboard to the top of the bank. E. Culverts and Bridges: Culverts and bridges shall be designed to handle the runoff from a 100-year storm. Given that both culverts and bridges may solve a particular situation, it shall be up to the Director of Public Works to determine which type of structure shall be used. Bridges shall require a two (2) foot freeboard between the low point of the bridge and the 100-year water surface elevation. For any culverts, the headwater (hydraulic gradient) shall be a minimum of one (1) foot below the adjacent top of curb. Section 3.03 Time of Concentration A. Average Conditions: Under average conditions the time of concentration to the upstream end of a drainage system shall coincide with Table II-2, "Minimum Inlet Time of Concentration", page II-5 of the Fort Worth Drainage Manual. 3 - 2 7eF-,;?i B. - Unusual Circumstances: Under circumstances which produce times of concentration in excess of those shown in Table II-2, the time of concentration shall be determined through the use of Figure II -I, "Nomograph for Time of Concentration", page II-6 of the Fort Worth Drainage Manual. The following cautions should be exercised when using this Nomograph: 1. The path along which the time of concentration is deter- mined should be representative of the drainage area as a whole. On some irregularly shaped drainage areas it is possible to find the time of concentration along a particular path which is representative of only a small portion of the drainage area. This time of concentration may greatly exceed the time of concentration which is more representative of the drainage area as a whole. 2. Overland flow shall be considered channelized at such time as the distance traveled exceeds 200 feet. Section 3.04 Land Use Runoff Coefficients A. Fully Developed Criteria: All runoff coefficients shall be based on land uses as if fully developed with those types of uses. B. Land Uses: All runoff coefficients shall be in accordance with the existing zoning or the current Land Use Plan approved by the City, whichever coefficient is more intense. C. Requirements: The requirements for the Runoff Coefficients shall be established and periodically updated by the Director of Public Works. These requirements shall be maintained by the Director in written form and shall be available free of charge to any interested person. D. Overdeveloped Tracts: When it is determined by the Site Plan review process or other City review, that the actual development of a particular property will create a runoff factor greater than that shown for the tract as determined above, retention or detention may be required on the tract prior to the issuance of a certificate of occupancy. Section 3.0_5 Miscellaneous Design Criteria A. Pipe Design Criteria: 1. Minimum Pipe Size: The minimum storm drain pipe diameter shall be eighteen (18) inches. 2. Minimum Velocity: The minimum velocity with the pipe 3 - 3 7E -zz flowng"full shall be three (3) feet per second. 3. Changes in Pipe Size: Pipe crowns at changes in pipe size should be set at the same elevation. 4. Vertical and Horizontal Curves: Vertical curves in the conduit shall not be permitted. Horizontal curves shall be permitted only when the alignment meets the pipe manu- facturer's criteria for curves. B. Manhole Requirements: Manholes shall be located at intervals not to exceed 500 feet for pipe 24 inches in diameter or smaller. Manholes shall preferably be located at street intersections, sewer junctions, changes of grade and changes of alignment. Manholes for sewers greater than 24 inches in diameter shall be located at points where design indicates entrance into the sewer is desirable; however, in no case should the distance between openings or entrances be greater than 1,200 feet. C. Street Crowns: Street crowns shall be reduced for approximately one hundred (100) feet on each side of valleys. D. Culverts: All culverts shall require approval by the City Engineer prior to the issuance of a culvert permit. All pipe within public R.O.W. shall be reinforced concrete pipe (RCP) and shall be jointed together properly (Ram-Nek, Talco or equal). Reinforced concrete box culverts shall also be allowed. All culverts shall be inspected during installation by the public works department. In the event that a particular situation calls for an "arch -pipe" structure, said structure shall only be made of an galvanized metal. 1. End Sections: All culverts of twenty-one (21) inches in size or larger shall have 6:1 safety end sections. The ground around the upstream end section shall be graded to match the 6:1 slope. The ground around the downstream end section shall be graded to a 4:1 slope. Culverts less than twenty-one (21) inches in size shall have Type B end sections as shown in the Texas Highway Department Hydraulic Manual Drawing CH-11. 2. Private Property: Culverts entirely within private property may use corrugated pipe of a shape and size approved by the Director of Public Works. E. Lakes: Approval to develop in any area subject to inundation by a lake must be obtained from the appropriate agency responsible for that particular lake before the city grants its approval. Agencies that should be contacted include U.S. Army Corps of Engineers, Tarrant County Water Control Board, 3 - 4 7C -a3 Texas Water Cozamission and the Trinity River Authority. Regardless of approvals obtained from those agencies listed above, no filling, development or construction in any area subject to inundation by a lake shall occur without the approval of the Director of Public Works. No impoundment of water shall be allowed within any street right-of-way. Any lakes that are retained on the property shall maintain one (1) foot of freeboard. The Director of Public Works may require any studies necessary to determine that filling, development or construction does not have any detrimental effect on adjacent, upstream or downstream properties and any building shall be protected. F. Easements: Drainage easements having a minimum width of 15 feet shall be dedicated on the plat or by separate instrument prior to any construction of the drainage improvements. Location of easements shall be in accordance width the subdivision Ordinance No. 483. Minimum easement requirements for storm sewer pipe shall be as follows: Pipe Size 36" and under 42" through 54" 60" through 66" 72" through 102" over 102" Minimum Easement Width Required 15 feet 20 feet 25 feet 30 feet 3.5 times diameter This width may be modified by the Director of Public Works based upon the soil types, pipe depths, overflow impact, other utilities or similar influences. 1. Outfall extension: Drainage easements will generally be required to extend at least twenty-five (25) feet past an outfall headwall to provide an area for maintenance operations. Drainage easements along a required outfall channel or ditch shall be provided until the flowline "daylights" on natural grade. The minimum grade allowed on an outfall channel or ditch will be 0.5 foot per 100 feet. 2. Open Channel Easements: Channel improvements shall be located in easements of sufficient width to contain the ultimate 100 year storm plus one (1) foot of freeboard. 3. Maintenance Access: Additional easements may be required to provide access to the drainage easements. This may include not only access to the drainage easement but also additional width along the easement where necessary. Access to channel easements will typically be at the 3 - 5 intersection with a City street R.O.W.. 4. Detention/Retention Ponds: Detention and retention ponds shall be designed to contain the ultimate 100-year storm plus one (1) foot of freeboard. Easements for detention and retention ponds shall be negotiated between the City and the property owner upon review of adequate drainage information. G. Diversion or Impoundment: All drainage systems shall be designed to prevent the diversion or impoundment of the natural flow of surface water in a manner that damages the property of another by the flow of the water diverted or impounded. The Director of Public Works shall place in each developer's agreement a provision requiring the developer to comply with all applicable laws, including, but not limited to, Section 11.086, Texas Water Code. In addition, the Director of Public Works shall place on each plat that receives final approval, a statement that reads as follows: Compliance with the provisions of Policy does not relieve a person complying with all other applicabl e Ze--.76.- ARTICLE 4 OPEN CHANNEL POLICY Section 4.01_ General A. Channel Types: The type of channel shall be determined on the basis of the "CA" factor and other data presented by the applicant's engineer. B. Building Line Limitations: All open channels shall contain the 100-year storm and one (1) foot of freeboard outside of any adjacent building lines. C. Easement Widths: All open channels to be maintained by the City shall be in easements of sufficient width to contain the 100-year storm and one (1) foot of freeboard within the channel. The Director of Public Works- may require an additional 10, width on one side of the channel to provide a relatively flat, grassed area to be used for maintenance purposes. Section 4.02 Natural Channels A. With No Improvements: Natural creek channels may be approved without channel improvements provided that: 1) serious erosion is not expected (i.e. velocities less than 6 fps unless an approved soils test indicates that a higher velocity would be acceptable); 2) sufficient easements are dedicated to provide protection of adjacent properties or facilities; 3) floodway easements are determined in accordance with this ordinance; 4) arrangements have been made for perpetual maintenance by the adjacent property owners and/or the creek channel has been dedicated and accepted by the City; and 5) in the judgment of the Director of Public Works, the appropriate use of the neighboring property or the health and safety of such persons affected will not be substantially injured. B. Erosion Control: Such creeks may be modified by cutting and filling, or to provide for erosion and flood control facili- ties, in accordance with plans approved by the Director of Public Works. All erodible areas shall be protected by laying the slopes back to a maximum slope of 3 feet horizontally to 1 foot vertically with grass sod cover; or by installing concrete, rock, masonry, or retaining walls to an elevation at least one (1) foot above mean water elevation. 4 - 1 7� Section 4.03 Earth Channels A. General: Earth channels may be approved provided that: 1) the velocity of flow will not produce serious erosion (less than 6 fps unless an approved soils test indicates that a higher velocity would be acceptable); 2) sufficient easements are dedicated to provide protection of adjacent properties or facilities; 3) floodway easements are determined in accordance with this ordinance; 4) arrangements have been made for perpetual maintenance by the adjacent property owners and/or the channel has been dedicated and accepted by the City; and 5) in the judgment of the Director of Public Works, the appropriate use of the neighboring property or the health and safety of such persons affected will not be substantially injured. B. Soils Tests: Soils tests and borings may be required to determine the probability of erosion. Table VII-1 in the Fort Worth Drainage Manual shall be used as a guide for determining the highest velocity of flow for the particular condition which will not produce serious erosion. C. Channel Shape: Earth channels shall have a trapezoidal shape with a minimum bottom width sufficient to carry the run-off within the easements while maintaining side slopes no steeper than 3 feet horizontal to 1 foot vertical (4 to 1 preferred). The channel shall be of sufficient depth and size to contain the 100-year storm plus one (1) foot of freeboard. D. Pilot Channel: A reinforced concrete pilot channel as deter- mined by the Director of Public Works may be required. E. Slope Treatment: The side slopes shall be smooth, free of rocks, and contain a minimum of 6 inches of topsoil. The slopeshall be block sodded for a for a distance of 2 feet adjacent to the pilot channel. Gobi blocks, fiber -mats, or other such similar materials, may be used in lieu of block sodding. The balance of the slope shall be seeded. Section 4.04 Concrete Lined Channels A. Channel Shape: Channels shall be trapezoidal in shape and lined with reinforced concrete in accordance with City standard specifications. Side slopes shall be a maximum of 1 foot horizontal to 1 foot vertical (2 to 1 preferred) or as approved by the Director of Public Works. The lining shall typically extend such that the 100-year storm plus one (1) foot freeboard is within the concrete lining but alternatives may be considered when presented with adequate data by the applicant's engineer. Channels shall have a minimum bottom width of eight (8) feet. 4 - 2 7,--'a7 B. Curves or deflections: The design of the channel lining shall take into account the super elevation of the water surface around curves and other changes in direction. 4 - 3 ARTICLE 5 ON -SITE IMPROVEMENTS Section 5.01 Owner's Responsibilit A. Upstream Drainage: The land owner or developer shall be responsible for designing on -site improvements sufficient to handle all storm drainage flowing on such person's property. This responsibility includes the drainage directed to that property by prior developments as well as drainage naturally flowing through the property by reason of topography. B. Installation Costs: The owner of a tract of land shall be responsible for the cost of installation of all drainage improvements within the boundaries of their development. This shall include any oversizing of structures to accommodate upstream runoff. C. Construction Plans: Construction plans for the development shall include plans for all drainage improvements. These plans shall be reviewed by the City Engineer and approval shall be granted by the Director of Public Works prior to beginning construction. D. Maintenance Bonds: The owner or developer shall provide maintenance bonds for all drainage improvements. Maintenance bonds shall be 500 of the cost of the improvements and for a two-year duration. 5 - 1 ARTICLE 6 , OFF -SITE IMPROVEMENTS Section 6.01 General With the requirements of this article, the City intends to allocate the burden of critical off -site improvements among all the land owners who impact critical structures. The drainage studies required for each development shall consider the impact of the development on all upstream and downstream structures, and cost participation shall be determined as outlined in this article. Section 6.02 Limits of Off -Site Stud A. Master Drainage Plan: The Master Drainage Plan, when adopted by the City, will delineate the major watersheds throughout the city and will highlight critical drainage structures within those watersheds. B. Limits of Study: The limit of the off -site study shall be determined by the Director of Public Works. Section 6.03 Responsibility for Off -Site Study A. First Development: It shall be the responsibility of the first development equal to or. greater than 100 of the watershed flowing into the lowest point of the tract, by Preliminary Plat, Concept Plan, or Final Plat, to perform the required off site drainage study. B. Credit for Cost of Study: The landowner initially responsible for obtaining the off -site study shall be allowed to credit the cost of the study towards his participation in the off -site improvements as outlined in this article. The cost of this study shall be approved by the Director of Public Works. Any costs deemed unreasonable shall not be credited toward the cost of off -site improvements. Section 6.04 Requirements of Off -Site Study A. Complete Watershed: The off -site study shall include the complete watershed which drains to the limit of the study as outlined above, regardless of the location of the development within that watershed. B. Accuracy Level: The off -site study shall be performed under the criteria of the Preliminary Drainage Study, with the following additions: 6 - 1 7-1---30 3 1. All existing drainage structures 'shall be noted as -to type, size, and current condition. 2. All proposed critical drainage structures shall be determined as to type and size. 3. An accurate acreage breakdown of the entire watershed and each of the tributary watersheds leading into the flow line of the main watershed shall be noted. C. Cost Determination: Included with the off -site study shall be an itemized cost estimate of all critical structures within the watershed. This shall include, but not be limited to, the following: 1. Cost of removing existing structures where applicable. 2. Cost of repairing or improving existing structures where applicable. 3. Cost of installing new structures. 4. Cost of improving or maintaining existing open channels. 5. Cost of designing the structures and preparing construction plans and documents sufficient to obtain competitive bids. 6. Cost of preparing applicable portion of off -site study. 7. Cost of easement acquisition. Section 6.05 Off -Site Easement Acquisition A. Any necessary easements not dedicated by platting shall be procured by separate instrument by the developer or property owner. If the developer or property owner cannot obtain a required off -site easement, then the developer or property owner may request that the City assist in the acquisition. The developer must first make an offer in writing, based on the fair market value of the easement, to the property owner from whom the easement is being acquired. The City Council shall determine, in its sole discretion, whether the city will participate in the acquisition of required off -site easements. In any event, all costs of obtaining the easement shall be the responsibility of the developer or property owner and the City must be reimbursed for any costs incurred. 6 - 2 f =31 Section 6.06 Cost Participation 'for Off -Site Improvements A. Adjacent Downstream Structures: The developer shall install and pay for all required off -site drainage structures which are adjacent to the development. The Developer will be responsible for all costs associated with the installation of such drainage structures, including, but not limited to, engineering, surveying, testing, easement preparation, easement acquisition and inspection. If the off -site drainage structures serve acreage within the watershed other than the proposed development, the Developer shall be eligible to receive a pro rata rebate from future developments utilizing such drainage structures which develop within five years after completion of such drainage structures. At the expiration of the fifth year, the Developer will no longer be entitled to receive any reimbursement for the cost of construction of drainage structures. Each subsequent development within the drainage basin which utilizes the adjacent drainage structures shall pay a pro rata cost of the structures. The pro rata cost for each subsequent development will be determined on a cost per acre basis by calculating the proportional area of the development encompassed in that subdivision to the total area within the drainage basin utilizing the drainage structures. B. Other Upstream and Downstream Improvements: The developer of any tract of land within a watershed serviced by a critical structure, shall participate in the cost of improving that structure on a percentage formula having a per -acre of watershed coefficient and a land use coefficient as follows. 1. Within the watershed serviced by said critical structure, areas shall be delineated showing the more intense land use of the existing zoning or the proposed Land Use Plan. 2. The "CA" shall be determined for the entire watershed as a whole to the point of design for the critical structure. 3. The "CA" factor shall be determined for the subject tract. 4. The "CA" factor for the subject tract shall be taken as a percentage of the "CA" factor for the entire watershed. This shall be the percentage responsibility of the subject tract. 5. This percentage shall then be multiplied with the cost of the critical structure to obtain the dollar amount of contribution required by the subject tract. 6 - 3 % =3;2, Section 6.07 Construction of Off -Site Improvements A. Remaining capacity in critical structure: When the critical structure being impacted by the proposed development still has capacity to handle the increase in runoff created by the development, the developer shall not be responsible for the construction improvements to the structure or replacement thereof. The developer will be responsible for satisfying the monetary obligation for participation as outlined in the previous section. B. No capacity remaining: Should the proposed development create runoff which exceeds the capacity of the critical structure, it shall be the responsibility of the developer to construct the ultimate improvements to said structure which are necessary. 1. Prior Contributions: The City shall be responsible for transferring all funds from previous developments' contributions to the specific structure to the developer who must construct said improvements. 2. Future Refunding: The City shall be responsible for procuring additional participatory funds from other developers within the watershed and transferring these funds to the developer responsible for constructing the improvements. This obligation shall only extend for a period of five years from the date of acceptance of the structure by the City. 6 - 4 ARTICLE 7 DRAINAGE STUDY REVIEW PROCESS Section 7.01 Submittal A. Coordination of Processing: The drainage studies required in this ordinance shall be submitted to the Public Works Secretary for processing. The applicant shall receive all review letters from the Public Works Secretary and shall submit any revisions to the Public Works Secretary. B. Fees: All fees required for administration and review of drainage studies required by this ordinance shall be in accordance with the Fee Schedule adopted by the City Council. C. Reproductions: The Public Works Secretary shall maintain the requirements for reproductions to be submitted. It shall be the responsibility of the applicant to verify these requirements prior to submittal. Section 7.02 Responsibility for Review A. Director of Public Works: The Director of Public Works shall have the responsibility of initiating the review by the City Engineer. He shall additionally have responsibility for all negotiations with .the owner during the review process. B. City Engineer: The City Engineer shall have responsibility for determination of technical compliance with City ordinances and standard engineering practices. He shall provide a written review of all drainage studies requested for review by the Director of Public Works. The City Engineer shall work closely with the applicant's engineer to help the applicant resolve all deficiencies in the study and shall provide an updated review upon resubmittal of the revised drainage study by the applicant. C. Approval: The Director of Public Works shall have final approval of the drainage study. City Council shall have final approval of all cost participation requirements for the development. D. Appeals: The applicant may appeal decision of the Director of Public Works regarding the drainage study by filing a written appeal to the City Manager, expressing the points of disagreement and proposed alternatives. The applicant may appeal the City Manager's decision by filing a written appeal to the City Council. This written appeal shall be scheduled 7 - 1 on the next available City Council meet�Lng, at which time the applicant shall make a presentation supporting his appeal. The determination by the City Council shall be final. Section 7.03 Impact on Subdivision Approval A. Downstream Hazards: Where it is anticipated that additional runoff incidental to the development of the subdivision will overload an existing downstream drainage facility, whether natural or man-made, and result in hazardous conditions or damage to property, the Planning and Zoning Commission and/or City Council may withhold approval of the subdivision preliminary or final plat until appropriate provisions have been made to accommodate the problem, and plans have been provided which include all necessary offsite improvements, including storm sewer systems, channel grading, driveway adjustments, culvert improvements, etc. 7 - 2 Y ARTICLE 8 RETENTION AND DETENTION POLICY Section 8.01 General A. Intent: It is the City,s intent to consider retention and detention of stormwater runoff as a solution towards the adequate control of potential hazards created by stormwater runoff. B. Scale of Review: The retention and detention of stormwater shall be considered on two different scales of development as follows: 1. Development Scale: The larger development scale project shall consider the use of stormwater management basins, retention ponds and similar solutions for controlling peak runoff. 2. Site -Specific Scale: The site -specific scale shall involve those tracts which are not being subdivided or have been subdivided prior to the implementation of this ordinance. Section 8.02 Development Scale Projects A. Review Process: Development scale projects shall be reviewed during the plat review process. B. When Required: Retention/detention within a development may be required for any of the following reasons or other reasons deemed appropriate: 1. Existing homes, businesses, or other habitable structures downstream are currently at a flood level, or are at an elevation such that any increase in upstream runoff would put them into a flood situation. 2. The runoff intensity of the development is greater than the runoff intensity used for the development while preparing the conceptual drainage plan. 3. The developer may choose to provide retention/detention within the development of his own accord. C. Solutions: It shall be the responsibility of the developer's engineer to propose a reasonable design solution and provide necessary calculations to justify the proposal. Options to i specifically consider may include the fol-lowing: 1. Check. Dams: Small dams or drop structures constructed of concrete, gabions, or rip -rap and located in a drainageway. Check dams are typically used in areas of excessive grades to reduce velocity, to provide some storage, and reduce erosion. 2. Detention Ponds: Detention ponds are designed to contain water only during runoff periods. The high runoff flows from intense rainfalls are captured in the control basin and released slowly over several hours. 3. Retention Ponds: Retention ponds are designed to have flood storage capacity in addition to their normal contents. During dry weather, retention ponds are used for recreation or aesthetic purposes. Section 8.03 Site -Specific Scale A. Review Process: The application for building permits shall initiate a Site -Plan review process on all non-residential properties. This review shall include a review of the site drainage. B. When Required: The City may require retention/detention of site drainage for any of the following reasons or other reasons deemed appropriate: 1. Overdeveloped Runoff: The runoff from the site is greater than the runoff "C" factor for the use as determined in Section 2.03 of this ordinance. 2. Change in Use: The use of the site has increased in intensity of runoff since the approval of the subdivision, or since the approval of this ordinance. 3. Existing homes, businesses, or other habitable structures downstream are currently at a flood level, or are at an elevation such that any increase in upstream runoff would put them into a flood situation. 4. The runoff intensity of the development is greater than the runoff intensity used for the development while preparing the conceptual drainage plan. S. The developer may choose to provide retention/detention within the development of his own accord. C. Solutions: It shall be the responsibility of the developer's professional engineer to propose a reasonable design solution 8 - 2 7,4c'- 3 7 and provide necessary calrul"ations to justify the proposa1. l. Options to specifically consider may include the following: 1. Parking Lot Storage: This might include depressions in the pavement allowing temporary ponding of water and con- trolled discharge into the drainage system. This might also include either central or peripheral grassed areas to hold and filter runoff water. Any accumulation in a paved area shall maintain a depth of less than one (1) foot. 2. Rooftop Storage: Highly impervious areas such as indus- trial and commercial districts, having buildings with flat roofs, may allow this type of temporary storage. 3. On -Site Detention Ponds: Grass lined depressions where water is typically dispersed through evaporation or percolation. Section 8.04 Regional Detention Retention Ponds (ADD REQUIREMENTS] ARTICLE 9 MISCELLANEOUS PROVISIONS Section 9.01 Contingent Warninq The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or flood heights may be increased by man-made or natural causes, such as bridge openings restricted by debris. This ordinance does not imply that areas outside floodplain areas or land uses permitted within such districts will be free from flooding or flood damages. Section 9.02 Maintenance of Draina ewa s and Drainage Facilities A. Natural Drainageways and Drainage Easements With No Structures: It shall be the responsibility of the owner to routinely maintain all creeks, streams and natural drainageways and all unimproved drainage easements on his property. This shall include periodic removal of fallen trees, limbs and underbrush, periodic rough mowing, removal of trash and debris, and general upkeep to maintain a positive flow of storm water within the drainageway or easement. The responsibility of the landowner hereunder shall not include any maintenance which requires specialized or heavy equipment. B. Drainage Easements With Surface Structures: It shall be the responsibility of the city to maintain all surface structures within a drainage easement. The landowner shall maintain all portions of the drainage easement which are not improved, in accordance with the requirements set forth in paragraph A above. C. Bar Ditches and Culverts: Although these items are typically found in R.O.W. dedicated to the City, maintenance of these items shall be the responsibility of the individual landowner. This shall include periodic removal of underbrush, periodic rough mowing, removal of trash and debris, and general upkeep of the bar ditch or culvert to maintain a positive flow of storm water within the bar ditch or culvert. Maintenance shall also include periodic cleaning of culverts to remove all sediment or other hindrances to the flow of water. Culverts shall be replaced by the owner should any structural failure in the culvert potentially impede the flow of water. D. Failure to Maintain: lien. 9 - 1 3 �' 1. I shall be unlawful for the landowner to fail' -to maintain a natural drainageway, drainage easement, bar ditch or culvert as required in this section. The city may notify the landowner of a violation of this section by notice given: (a) personally to the landowner in writing; or (b) by letter addressed to the landowner at the landowner's post office address; or (c) if personal service cannot be obtained or the landowner's post office address is unknown: (i) by publication in the official newspaper at least twice within ten (10) consecutive days; or (ii) by posting the notice on or near the front door of the main residence or building on the property on which the drainageway, drainage easement, bar ditch or culvert is located; or by posting the notice on a placard attached to a stake driven into the ground on the property on which the drainageway, drainage easement, bar ditch or culvert is located. 2. Following the expiration of not less than ten (10) days from the date of the notice, the city may enter upon the property and may do such work as is required in this section or cause the same to be done. In the notice oL a violation provided above, the city may inform the landowner by certified mail, return receipt requested, that if the landowner commits another violation of the same kind or nature that poses a danger to the public health and safety, on or before the first anniversary date of the notice, the city, without further notice, may abate the violation at the landowner's expense and assess the expense against the property. If a violation covered by a notice under this paragraph occurs within the one year period and the city has not been informed in writing by the landowner of an ownership change, then the city, without notice, may take any action permitted by this paragraph and assess the expenses as provided in subparagraph (3) below. 3. A bill for the actual cost incurred and a reasonable administrative charge incurred by the city resulting from 9 - 2 the performance of the work shall be ifiailed to the landowner and must be satisfied within thirty (30) days of the date of mailing of such bill. In the event such bill has not been satisfied within the specified period, the mayor may file a statement with the county clerk of Tarrant County of the expenses incurred in the abatement of the above described condition on the premises and the City shall have a privileged lien on any property upon which such expense is incurred, second only to tax liens and liens for street improvements. The lien statement shall state the name of the landowner, if known, and the legal description of the property. Said privileged lien shall bear interest at the rate of ten percent (100) per annum from the date such payment is due. For any such expenditure and interest as aforesaid, suit may be instituted and recovery and foreclosure had in the name of the City of Southlake, and the statement made as aforesaid or a copy thereof shall be prima facie proof of the amount expended for any such work performed by the City. 9.03 Compliance with other laws In addition to the requirements of this ordinance, the developer and/or landowner must meet all applicable requirements of the federal National Pollutant Discharge Elimination System (NPDES) storm water permitting program set forth in the federal Clean Water Act, 33 U.S.C. Sec. 1342 et seq., as amended, as implemented in 40 C.F.R. 122.26(b)(14)(x), as amended, or any other federal or state laws or regulations applicable to drainage or storm water run-off. Section 9.04 Enforcement A. Development Permit: No development shall be allowed within the limits of the flood plain until the developer/owner has received a development permit from the City. This shall include grading plans and other requirements as outlined by the Director of Public Works. B. Building Permit: No building permits shall be issued for properties which have not been analyzed for potential flooding, do not have applicable floodway or floodplain limits shown, potentially require a finished floor elevation in excess of that proposed, or do not fulfill the requirements of this ordinance. C. Final Plat Filing: The City shall not approve any plat for filing in the County Plat Records that does not meet the requirements of this ordinance. 9 - 3 %,!F- - 4"0 W I'd Section 9.05 Modifications and Variations A. Compliance: Where the City Council finds that compliance with these regulations would cause unusual hardship or extraordinary difficulties because of exceptional and unique conditions of access, location, shape, size, drainage, or other physical features of the site, the requirements of this ordinance may be modified to mitigate the hardship, provided that the public interest is protected and the modification meets the general spirit and intent of this ordinance. 1. This section shall not be interpreted to permit the development of land which is inherently unsuitable for the use proposed. 2. No modification shall be granted which will have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. B. Discretion of City Council: At the discretion of the City Council, the normal standards and requirements of this ordinance may also be modified in the case of a Planned Unit Development. Such departures from the standards specified may be made only when the City Council finds that the plan provides for convenient and safe access, adequate space for recreation, and adequate light and air; and offers all essential utility services and necessary public and other facilities; and is in conformance with all provisions of City ordinances which specifically apply to Planned Unit Developments. Section 9.06 Liability Disclaimer A. General: All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or a City official or employee charged with the enforcement of this ordinance, acting for the City of Southlake in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his said duties. B. Professional Liability: The Professional Engineer responsible for preparing the drainage study shall retain liability for said drainage study, regardless of any action taken by the City or the City's Engineer concerning the study. 6 U6 ti A. Section 9.07 Injunctions) The City shall have the right to institute an action in a court of competent jurisdiction to enjoin the violation of any provision of this ordinance within it's municipal boundary or within its extraterritorial jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance or in the Code of the City of Southlake. 9 - 5 r- City of Southlake, Texas MEMORANDUM June 14, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-48 Rezoning Request / Ordinance No. 480-127 REQUESTED ACTION: Rezoning for a 4.3 acre tract of land situated in the Isham A. Belcher Survey, Abstract No. 30, and the A. Robinson Surveys, Abstract No. 1131 and 1132 LOCATION: West of North White Chapel Blvd. adjoining the U.S. Corps of Engineers property to the North OWNER/APPLICANT: Platinum Ventures, Inc., T.G. Herron, President CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single Family Residential LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Six (6) RESPONSES: No written responses received P & Z ACTION: June 9, 1994; Approved (5-0) W KPG/bls C AWPF\MEMO\94CASES\94-48. Z e©lev © �� , err _♦ , r I � C I1111111111111111111111111111111111111111111111111 EEE =_ __�--•--•-- --• --�-- III--L--�--=--�-- -- --_�--__•III ..-_55 .--_ flllliilllllllllllillllllllllll ti Hill - 1t �:illilllllllll 111 111111 1h111111►� , ., � � . �., � flllllli►.. 11111111�1►j�� jlllllhill\ ��' •� 7 _r r_ O � IiI Cf) 1 = = M In N cv w m V U) cn = 111 i 'P2i pdug:) alight- ung wumid I , u a U a v tmn V v In ~ Ii '��1'� J ` V z I c - E t 00 oz i;, R ~ N i W Q o a 1 SA-3 Y I C ` m m w cC .r - cn o - E-- � Q C ?OAD C�A ` Call: NOTE w S o7.42�a8 E 89.84 E.233.60) S Og• '25" E 14-3 3~ E pad call.�.4-1'3 89� 55 . 22g.66, I. ICo I I I ^ co �— U U �> / IO a to to o, c ca Q M� I r g En co o J �co � A a: iQvo �. .•,, C i� ( � �- to C F� q N 00 ii I (Cj v N co`1 f C ` co I r ri v, � � i I .li'L��'..£'0,of- 00 I 4 n 4F4 I I (or ..._ --- O .� m I CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-127 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 EXHIBIT "A" FROM f� �t �Y ` TO 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 under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and CAORMZONING\480.127 Page 1 �( A 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 (W 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, IN WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: CAORMZONING\480.127 Page 2 Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the Cit y of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may ,be prosecuted until final disposition by the courts. C:\ORD\ZONING\480.127 Page 3 p IN 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 CAORMZONINGW80.127 Page 4 �A � ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CAORMZONINGW80.127 Page EXHIBIT "A" IR Beginning at a 112 inch iron rod set at the intersection of the West line of White Chapel Road and the South line of a tract of land conveyed to the United States of America ( known as tract 0-336, Grapevine Reservoir ) by John W. Carpenter and wife, Flossie G. Carpenter, and recorded in the Deed Records of Denton County, Texas ( DRDCT ); Thence South 14 deg. 17 min. 33 sec. East, along the West line of said Mite Chapel Road, a distance of 229.66 feet to a 318 inch iron rod found, ( Deed Call: South 14 deg. 34 min. 44 sec. East, a distance of 233.60 feet ); Thence Continuing along the West line of said White Chapel Road, South 08 deg. 23 min. 25 sec. East, a distance of 89.55 feet 'to a 318 inch iron rod found for corner, said point being the most Easterly Northeast corner of a tract of land described in a deed to the Federal Deposit Insurance Corporation, (FDIC), recorded in Volume 2223, Page 690, DRDCT, ( Deed Call: South 07 deg. 42 min. 08 sec. East, a distance of 89.84 feet ); Thence South 88 deg. 01 min. 42 sec. West, along the Easterly North line of said FDIC: tract, a distance of 612.60 feet to a 112 inch iron rod found for corner, ( Deed Call: South 88 deg. 24 min. 06 sec. West, a distance of 613.56 feet ); Thence North 03 deg. 30 min. 03 sec. East, along the East line of said FDIC tract, a distance of 347.31 feet to a 112 inch iron rod found for corner, said point being the most Northerly Northeast corner of said FDIC tract, said point also being in the South line of said USA tract; Thence South 88 deg. 24 min. 47 sec. East, along the South line of said USA tract, a distance of 521.47 feet to the Point of Beginning, and containing 187,545 sq. ft. or 4.30 acres of land, more or less. Save and Except any and all portions thereof contained within any and all public or private roadway. C:\ORD\ZONING\480.127 Page 6 n 6A- I City of Southlake, Texas MEMORANDUM June 14, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 9449 Rezoning Request / Ordinance No. 480-128 REQUESTED ACTION: Rezoning for a 4.312 acre tract of land situated in the A.H.Chivers Survey, Abstract No. 299, Tract 1F LOCATION: South of East Dove Road and West of North Carroll Ave. OWNER/APPLICANT: David B. Arnold CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF -IA" Single Family Residential LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Eight (8) RESPONSES: No written responses received P & Z ACTION: June 9, 1994; Approved (5-0) h`k KPG/bls C A W PF\MEMO\94CASES\9"9. Z K A\ r\1.5 I @ 6A 1.00 @ W A` Z i a ----�, cc 2R H gg 1.5 @ U H 1.00 @ > ae 1 I TR i lA1Ei o s ^1.0 TR AC i$1.917 1A1 ACC - ` 9 Tii 1A1 r AG "AG" ..AG.. 2.0 AC � 1« TR 1E TR !E TR F 1.65 @ i,65 TR 10 TR ICI TR IC � $ 4 4 A 2.5 AC 1.93 @ 3.07 AC i TR L - — IA1A IAIE I {1�— ,-. (c4 I O U I G1 C 0 AC w C i.0 I�.TR = 1A10_� J U AC i�l 1.0 AC 110 11• O'P so. • 110 100 �•• t•o t2• ocs -- — uo R W. Hudson _ TR 1A18 x TR 18 3.08 AC 9.0 AC "AG" ao � an• ADJACENT OWNERSTR . L AND ZONING e. 6 AC TR 2A i 0.37 Ac CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-128 AN O ENDING ORDINANCE NO. 480, AS (4m., AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING AND MORE FULLY AND i-i}ii:•iii:i: iii4:i: iiii::: :.x::::::::::::::.::::::::::::.:v::::.v:::::::... . ::. COMPLETELY DESCRIBED IN EXHIBIT "A" FROM :.;::...:...... ,.... .... MI. ........ TO VON 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. EREAS, the City of Southlake, Texas is a home rule City acting undpr its Charter adopted by electorate pursuant to Article XI, Section 5 of the TexasConstitafidh and Chapter 9 of the Texas 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 under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and C:\ORMZONING\480.128 Page 1 damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other (W dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: CAORMZONING\480.128 Page 2 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 (W 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, C:\ORD\ZONING\480.128 Page 3 _ 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 (W the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY C:\0RD\Z0NING\480.128 Page 4 r" APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C: \O RMZONING\480.128 Page 5 �j EXHIBIT "A" BEGINNING at a nail found in the center of Dove Road, in the North line of said Chivers Survey, said point being, by deed call in the above referenced deed 1070.6 feet, West of the Northeast corner of said Chivers Survey; THENCE East along the center of said Dove Road and with said survey line 272.47 feet to a nail found for corner; THENCE S. 00-09'-01"E. 672.15 feet to a concrete monument found for corner; THENCE West 278.35 feet to a capped k" iron found for corner; THENCE N. 00-21'-0.411 E. 672.16 feet to the POINT OF BEGINNING, and containing 4.312 acres. C: \ORMZONING\480.128 Page 6 �31 ., 9 City of Southlake, Texas Im MEMORANDUM June 14, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-50 Plat Showing REQUESTED ACTION: Plat Showing of Lot 1 and Lot 2, A.H. Chivers No. 299 Addition, being 4.312 acres situated in the A.H. Chivers Survey, Abstract No. 299, Tract 1F LOCATION: South of East Dove Road and West of North Carroll Ave. OWNER/APPLICANT: David B. Arnold CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF -IA" Single Family Residential LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Eight (8) RESPONSES: No written responses received P & Z ACTION: June 9, 1994; Approved (5-0) subject to the first Plat Review Summary dated June 3, 1994. STAFF COMMENTS: The applicant has met all the review comments of the first Plat Review Summary dated June 3, 1994 with the exception of those items addressed in the second Plat Review Summary dated June 17, 1994. KPG/bls C: \WPF\MEMO\94CASES\94-50. PS 6A i 1.00 @ W 1 Z i J Q Q 2R C) 68 1.5 @ C� H 1.00 @ > I zle t foz let Ito l00 lee I TR f lAlEl s s ^1.0 TR SAS AC $ 1 .917 AC $ ` T�i 1A1C� r ttAG" TR iE R "AGO' ttAGtt v $ 2.0 ACI lo. E TR 1E TR F 1.65 @ 1.65 q q A TR W TR ICI TR iC 2.5 AC 1.93 @ 3.07-AC TR TR 1A1A SAIF l `e�—_ I p N 5.0 AC F g� �U C i3O I +e TR SAID = .j _ al V AC i�l' 1.0 AC ' 1 110 let ci Ito Itp 1 �Il _ lle too zee 160 129 965 W. Hudson TR SA18 g TR 18 3.08 AC 9.0 AC "AG" zle axe ane ADJACENT OWNER AND ZONING 8p 8 AC TR 2A @ 7 .: AC VV" ti :-- I Ono R City of Southlake, Texas - PLAT REVIEW SUMMARY Case No: ZA 94-50 Review No: TWO OWNER/APPLICANT: David B. Arnold 975 E. Dove Road Southlake, TX 76092 Date of Review: 06/17/94 ENGINEER/SURVEYOR: Ward Surveying Company P.O. Box 820253 Fort Worth, Texas 76182-0253 PHONE: (817) 281-5411 FAX: (817) 838-7093 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/13/94 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT TOM ELGIN AT 817) 481-5581, EXT. 753. * We find the applicant has met all the requirements of our previous reviews. This plat is apparently ready to file in the County Plat Records. Original signatures and seals will be required on each blackline mylar prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Denotes Informational Comment cc: Ward Surveying Company David B. Arnold i= Im 14 Im �• iti ff� � S � i�� '3=-�� L •si3i �Lsf ii � � i= a �i=�3 e s s 3gy=y � �� Ilk AH if »s='r ii's' 9 s3 Ir 1 si 1i w1i ' `R W • •u. .ens. ;� S S' •p .Y•n .., qr w ...rs C--5 U V) ZN Q ZQ JX OX NW ZH :)W 0 ZW VY QY �_ Z_ UO Zo . V) J N a I r%'— C. &L 1-� Eq V'.y vvV.. lea- , 1pnGlV MEMORANDUM June 14, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-51 Rezoning Request / Ordinance No. 480-129 REQUESTED ACTION: Rezoning for a 6.09 acres situated in the Thomas M. Hood Survey, Abstract No. 706, Tracts 3132, 3F, and 1106 LOCATION: East of North Peytonville Avenue, West of Shady Oaks Drive and South of West Dove St. OWNERS/APPLICANTS: Kathleen L. Sumner and F.L. Bailey CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-lA" Single Family Residential LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Ten (10) RESPONSES: Three (3) written responses received outside the 200' notification area: * James & Wanda Glover, 1355 N. Peytonville, not opposed if drainage concerns are addressed. * Kathleen Sumner, 1205 N. Peytonville, in favor. * Ruthann D. Ashew, 1213 Cross Timber Dr., opposed, concerned with increased traffic, increased density and increased crime. P & Z ACTION: June 9, 1994; Approved (5-0) KPG/bls C:\W RMEMO\94CASEM94-512 Mn7 A\ R O .. tr ni ca o�c Oct y � U w Q - s CU cn to �to to eu _J �D CA °`E uj Z V n Z Y U OZ m to J 0 ^=zN u: L J Q . as CS3 or oca m o a L) ' cc a (33. m ¢ o a m n Q O u a m c� VY 1-- F- N a: Q 3AV 31IIAN01A3d ut lit cn of on 09, cc 0 N,� v N 0 n C m _'cu a N .. N ca x a . '. cc m w = N N = U42) ci @1 i ON = Q LO it, 1 et, cn cci e,� V!cn R?o 80 838WIl SS080 O to :� a � " 0, co- .. -- r a ,� z N OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-129 ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING AND MORE FULLY •: ;�.'.:::::;•;33:.;:3:':.::s,:4�S:;: r:.;'c'.,•.5;:'t,: $:;a;::a::::,:•;: :•;3ri:.w4ti;:$:%';< `: %i: i.+.:: AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM ..............r:,, ,.....v.........::...........:;,..:....,. To rr1t 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. � ERE ity of Southlake, Texas is a home ru e adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and 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 under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and C: \ORMZONING\480.129 Page 1 �1�--q 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: CAORMZONINGA80.129 Page 2 Beingacre tract of land situated in the `' € € !## r. :: 1 0 and more fully and completely described in Exhibit "A"attached hereto and incorporated herein, from :;:;>PP::;:::NOxt#ur 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 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, C:\ORD\ZONING\480.129 Page 3 i� c; whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY C AORMZONING\480.129 Page 4 �D . 1 APPROVED AS TO FORM AND LEGALITY: (4me CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Im C:\0RD\Z0NING\480.129 Page 5 9 n -- e EXHIBIT "A" IN THAT WHEREAS, Kathleen L. Sumner is the owner of a tract in the T. M. Hood Survey, Abstract No. 706, situated in the City'of Southlake, Tarrant County, Texas, and being a portion of the tract described in a'deed to' David W. Palmlund and wife Kathleen L. of record in Volume 8164, Page 907, Deed Records, Tarrant County, Texas, said portion being more particularly described by metes and bounds as follows: BEGINNING at a k" iron found at the Southwest corner of the above referenced tract in the East right-of-way line of North Peytonville Avenue, said point being, by deed calls, in the above' referenced deed, 2638.5 feet South and N. 890 - 16' - 40" E 24.0 feet from the Northwest corner of said Hood Survey; THENCE North 67.99 feet along the East line of said North Peytonville Avenue to a" iron set in same for corner; THENCE N. 870 - 17- - 00" E. 470.14 feet to a h" iron set for corner; THENCE North 218.62 feet to a h" iron set in the North line of the above referenced tract, same being the South line of a tract described in a deed to Glen B. Burgess, of record in Volume 4572, Page 90, Deed Records, Tarrant County, Texas; THENCE S. 890 - 28, - 47" E. 352.88 feet along the South line of the last referenced tract to a 4" metal fence corner post for corner; THENCE S. 0?0 - 02, - 01" E. 310.30 feet along the East line of the (W tract described in Volume 8164, Page 907, Deed Records, Tarrant County, Texas, same being the West line of a tract described in a deed to Ernest E. Taylor of record in Volume 2312, Page 624, Deed Records, Tarrant County, Texas, to a 3/4" iron found for corner; THENCE S. 040 - 36' - 20" W. 42.82 feet continuing a long the West line of said Taylor tract and the East line of said Palmlund tract to a k" iron found for corner; THENCE S. 890 - 49' - 541, W. 165.31 feet along the most Southerly line of the last referenced tract to a h" iron found for corner; THENCE N. 000 - 25, - 30" E. 44.06 feet to a 'k" iron found for corner; THENCE N. 890 - 41, - 47" W. 665.08 feet along the most Northerly South line of the last referenced tract to the POINT OF BEGINNING and containing 3.59 acres. C AORMZ.ONING\480.129 Page 6 EXHIBIT "A" AND THAT. WHEREAS, F. L. Bailey is the owner .of a tract in the T. M. Hood Survey, Abstract NO. 706, situated in Tarrant County, Texas, and being that portion of the tracts described in a deed to Dayid W. Palmlund and wife Kathleen L. of record in Volume 8164, Page 907, Deed Records, Tarrant County, Texas, as described in a deed to said F. L. Bailey filed under Clerks File NO. D194085002, Tarrant County Clerks Office, and being more particularly described by metes and bounds as follovs: COMMENCE at the Southwest corner of the above referenced tract in the East right-of-way line of North Peytonville Avenue, said point - being, by deed calls in the above referenced deed, 2638.5 feet South and N.. 690 - 16' - 40" E. 24.0 feet from the Northwest corner of said Hood Survey, thence North 67.99 feet along the West line of the above referenced tract to a h" iron set in same for the Southwest corner and POINT OF BEGINNING of the herein' THENCE North 245.17 feet along the West line of the above referenced trilct to a 3/8" iron found at the Northwest corner of same; THENCE S. 8900- 28' - 47" E. 469.63 feet along the North line of the above referenced tract to a k" iron set in same for the Northeast corner of the herein described tract; THENCE South 218.62 feet to a �" iron set for corner; THENCE S. 870 - 17' - 00" W. 470.14 feet to the POINT OF BEGINNING (W and containing 2.50 acres. CAORMZONING\480.129 Page 7 1-? 16, City of Southlake, Texas MEMORANDUM June 14, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-52 Plat Showing REQUESTED ACTION: Plat Showing of Lots 1, 2, and 3, Thomas M. Hood No. 706 Addition, being 6.09 acres situated in the Thomas M. Hood Survey, Abstract No. 706, Tracts 3132, 3F, and 1106 LOCATION: East of North Peytonville Avenue, West of Shady Oaks Drive and South of West Dove St. OWNERS/APPLICANTS: Kathleen L. Sumner and F.L. Bailey CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-lA" Single Family Residential LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Ten (10) RESPONSES: No written responses received P & Z ACTION: June 9, 1994; Approved (5-0), subject to the first Plat Review Summary dated June 3, 1994. STAFF COMMENTS: The applicant has met all the review comments of the first Plat Review Summary dated June 3, 1994 with the exception of those items addressed in the attached second Plat Review Summary dated June 17, 1994. KPG/bls C: \ WPF\MEM0194CASES\94-52. PS Prior to acquisition of a portion of this tract, Mr. Bailey was informed by staff that the minimum lot width requirement was 100' and that the property should not be subdivided without a plat. See Staff comment #2 regarding the extension of West Highland as required by the Thoroughfare Plan. K- I ea act N p� w a L m N C9 4 Y ¢ a) w U w N m< 0 0 all. OC W z CD �: z � U o z m �4ZN O u: LU as Mel C o �a � Q a r- U a ¢ m ¢ " t.] C �. ¢ o a m O nl ¢ and 3-1-IIANOIA3d aft ea 491 a xa 091 \,v O Cv u. o H cc � Y vi ON = Q" ' its «, Cot LLI ooi ¢rn °'o a da d30WIl SS080 F.— ¢.- '"' O to F2 fit j`6C-3 x I,. rn Co mo J City of Southlake, Texas - PLAT REVIEW SUMMARY s Case No: ZA 94-52 Review No: TWO Date of Review: 06/17/94 Project Name: Plat Showing - Lots 1.2 & 3. T. Hood No. 706 Addition OWNER/APPLICANT: F.L. Bailey 1125 N. Peytonville Avenue Southlake, Texas 76092 PHONE: (817) 488-0328 FAX: Kathleen Sumner 1205 N. Peytonville Avenue Southlake, Texas 76092 PHONE: FAX: ENGINEER/SURVEYOR: Ward Surveying Company P.O. Box 820253 Fort 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 06/13/94 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. Lot 3 must have a minimum width of 100' as required by the SF -IA District of the Zoning Ordinance o. 480. 2. The Thoroughfare Plan indicates a future 70' R.O.W. extension of West Highland Street along the south line of this property. Alternative alignments are shown on the attached exhibit 'A'. Staff recommends this application provides a R.O.W. dedication of the offset at the southeast corner of the property which will allow either option 'A' or 'B' to be used in the future depending on how the southern property develops. (The future Highland/Woodbrook intersection would be offset approximately 275' under option 'A'.) * Prior to recording this plat showing, the applicant must submit percolation tests and septic system feasibility analysis for the proposed lots. Should this identify potential problems, the number of lots may be required to be reduced in order to provide sufficient area for a functional septic system or other innovative system as allowed by the Tarrant County Health Department. * 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 enc. Exhibit 'A' - Alternative alignments for the extension of Highland Street cc: F.L. Bailey Kathleen Sumner Ward Surveying Company SF -4 - Ho AF�M OF 7�1! rl LgNN 11N 34 iiJ 7—:All a 14 .flu - \�§ �!§� ': s n � : !s b: . :l . !z� ; �"It I U � U. � � :.�■�� rt -|�... �/ � ] � � : . - � § .�■ 2 /| 22 | |. /09. . wa. , 2. ! L .___ 3nN3AV 3THAT401A.Rd _a !� ., ZEED P . |: Se'ro � - |\{ { §: �&s, . •§. 4i| .� § � is ' 2 pi: ! ! '#ej `j� §§� ■ : : � , , !A §• • .e = 5`! ��| ,4|•: )( 2 11 | | | | | ' § ■ I- 2 w a 2 ,-° -§� |< k 2 o O.Z.�• � � (, . � d z �\ x. S § �� o _ e" o §kE w \ • . § //� t{| . � ]! _ . •| }2 2 ox §§ ~§ k� j� �} 2i §� z� W jV) a . � r _ N N City of Southlake, Texas MEMORANDUM June 17, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-54 Rezoning and Concept Plan/OakRidge/Ordinance No. 480-130 REQUESTED ACTION: Rezoning and Concept Plan for OakRidge Addition, being 103.76 acres situated in the T.M. Hood Survey, Abstract 706, being Tracts 1 & 1C, 1A, 113, 3A, 3C, 11B, and Lots 1 & 2, Bradley Addition. This development proposes 163 residential lots. LOCATION: West of Shady Oaks Dr. and East of N. Peytonville, South of W. Dove St. and North of Hwy. 1709 OWNERS: Helen Taylor and Harry J. Bradley APPLICANT: Pima Properties, Inc. CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-20A" Single -Family Residential District AMENDED REQUEST: "SF-lA" Single -Family Residential LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Thirty-four (34) RESPONSES: One (1) written response was received within the 200' notification area in favor: * J.L. Clow, 820 N. Shady Oaks Drive, in favor Thirteen (13) written responses were received opposed within the 200' notification area: * F. Casas, 1201 Plantation, opposed * Bob L. Ramsey, 1650 N. Shady Oaks, opposed * Robert L. Hinman, 1600 Shady Oaks, opposed 'y * Jelynn L. Hall, 1255 Shady Oaks, opposed * Jane Grant, 601 W. Highland, opposed * M, M. Hardy, 1100 N. Shady Oaks, opposed * Kathleen Sumner, 1205 N. Peytonville Ave., opposed * Don J. Weeks, 1325 N. Peytonville Ave., opposed * James & Wanda Glover, 1355 N. Peytonville, Ave., opposed �P-( ' City of Southlake, Texas * Everett & Mary A. Allen, 1201 Cypress Creek, opposed * Gwen Bolton, 1200 Cypress Creek, opposed * W.E. Buschman, 1201 Post Oak Trail, opposed * Mr. & Mrs. Glen B. Burgess Jr., 1253 N. Peytonville Ave. Forty-seven (47) written responses were received outside the 200' notification area opposed; one (1) in favor; and two (2) undecided. Forty-one (41) by Petition were opposed. Three (3) Owners of the property were in favor. P & Z ACTION: June 9, 1994; Approved (5-0) to Deny STAFF COMMENTS: Since the Planning and Zoning Commission recommended denial of the "SF-20A" request, aM approvals by the Council will require a super -majority vote, including approval of the amended "SF-1A" request. To date, approximately 24 % of the land area within 200' has registered opposition to the "SF-20A" request. Prior to recording a Final Plat on this property, the applicant must submit percolation tests and septic system feasibility analysis for the proposed lots. Should this identify potential problems, the size of some lots may have to be increased in order to provide sufficient area for a functional septic system or other innovative system as allowed by the Tarrant County Health Department. KPG/bls C AWPF\MEMO\94CASES\94-54.ZCP 3 ,I' PIMA PROPERTIES Inc. IR June 13, 1994 Ms. Karen Gandy Zoning Administrator City of Southlake Southlake, Texas 76092 RE: Zoning Request Change ZA 94-54 OakRidge Dear Ms. Gandy; Please accept this letter as our formal request to change our zoning request for the subject property from SF-20A to SF-1A. It is our understanding that this matter will be presented to the City Council on the evening of June 21, 1994 for consideration. If you need anything further please let me know. I can be reached most easily at (817) 329-6996 or you can contact me through John Levitt's office, my engineer on this project. Thank you for your cooperation in this matter. Sincerely, W-4-- "'00VI David C. McMahan Executive Vice President �F- -3 5655 Lindero Canyon Road Suite 321 Westlake Village. California 91362 818 / 889-0440 800 / 633-3458 5215 N. O'Connor Suite 200 Irving, Texas 75039 214 / 444-8322 817 / 329-6996 t Ta ra 2•i• 2a T.s. ! I t to to, t IO .0 I _ I 10 Is u —� 1a IS 1 1.00 • y 2To .2 .y c +A .a2 O C y if _.-. "SF-1A" 2.3 7 'C S. Welch F. ca..a ( "AG" Rub, Mill T. BEEOYUVE EN H a II SAR72Y 5pAp AAO ,, saich , "AG" I 1 = ra 1. Mosre S o •C \ ia. h.. [. Coac 1 sa •c L. sc.esc e 1 LAG B. trse7 ,a n '\ 2 I Ap 2.e2 •C = \\ \\ 1. Bi.aan a •SF-lA• Ta.l _ ' 92 2?912-C I '.e AC "AG" 1C, V. ...boa. L. Cray I g A2 a al 1 = 2.27 •C t _ lu AU% VE 1 Tit 2 .p AC e J. [Lag 1 TA 2" a = = � 1 2.26 .c -SF-LA" 1 , ,- L. Bolt.. - _ To �xTj Tax J. Sall.as "AG" t.9s •C Pr{As j t z. C A. teacher II CIN I J. Berl... iv 2 M. BatcMr » � 9 To 2e 3.36 C 1 "AG" 1 6 z I TA c ! ..69 _ x M. Allen :a a C D. Mile. a j A -AG' r T• C. Vlil«i.gllaa in ra.cT •1 a G I S :[ _— C. Steuart L6,3G 1 =z _ c I p J. Luger /Ar K a ra xt t - p13 t -000- :• • I ,a.n a .330 J. Glover [. sh.plas •AG' I •AC• -46 / :a ip "AG' Tel RA 7R.2 D. Weeks rat = 2.52 53e 9 I M. Board a eel a "AG" o zez• 1 I T,i.)AI Tr CALCJ \ G I Ta.2e1 t-o7 •c t C. Burgess 2 r it -AG'2.22.o -SF-IA- � 2 wt [. Joaes .J. >ZI To.29` E. Sua.er 'AG' 2.1 M. Ball 7 V J. Me Cully 2 111TA IIC6 II `\ C eaa• j -I• I' 1 I + to "AG" e.Ta i 1 a I ra e,61 To e•wi +ns •� "AG" T.z •C j .c' N + I 2. L. Ba11.y I I J. Clou M. Mardyl A. c'raac i Ta.It i Te.12 •c ��J T : 2 1 Oil =e C Ta e.= II I C e I i To •, i - Ta.1tc2 ADJACENT OWNERS AND ZONING gr-s x N ate. Y w Z W 03 V W o O NWZ� tc n %A O 1 V r tl ytl , a 1 '41tl a. a�tl ��sa .ai iai slit ei a �4 4 \� 014 i ,A `� i � 9 a . �! `;! s CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-130 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING EXHIBIT "A" FROM €'` TO "` THE SPECIFIC REQUIREMENT S Q S 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 it ::::::;:.:::..:::::::.............:::.......:::::. under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and C: \ORMZO NING\480.130 Page 1 8F-7 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. T.bdt Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: CAORMZONING\480.130 Page 2 8� - g Being acre tract of land situated in the T+ Ad and more fully and completely described in Ea and incorporated herein, from to ................................................. dal <Isti€ ................................................... ................................................... ................................................... ................................................... 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 violatiou-4' permitted to exist shall constitute a separate offense. C:\ORD\ZONING\480.130 Page 3 VF—q Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1994. MAYOR I:TM036 CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: =v CITY SECRETARY C AORMZONINGW80.130 Page 4 mi APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CAORMZONING\480.130 Page 5 EXHIBIT "A" All that certain lot, tract or parcel of land located in the T. M. flood Survey, Abstract 706, Southlake, Tarrant County, Texas, being all of that certain 60.93 acre tract conveyed to Harry J. and Helen M. Bradley 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 624, Volume 2741, Page 267 and Volume 3863, Page 460, Deed Records, Tarrant County, Texas and 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. M. 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 89 degrees 30 minutes 00 seconds East 1,966.45 feet along the south line of said 13.0 acre tract (at 1,870.01 feet passing a 3/4 inch iron rod at the southeast corner of said 13.0 acre tract) to a 1/2 inch iron rod at the northwest corner of a 5.00 acre tract according to the Deed recorded in Volume 6759, Page 64, Deed Records, Tarrant County, Texas; THENCE South 01 degrees 03 minutes 42 seconds West 325.41 feet along the west line of said 5.00 acre tract to a 1/2 inch iron rod at the northwest corner of a 3.02 acre tract according to the Deed recorded in volume 5084, Page 310, 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 2.81 acre tract according to the Deed recorded in Volume 6926, Page 314, Deed Records, Tarrant County, Texas; THENCE South 00 degrees 34 minutes 48 seconds West 183.96 feet along the west line of said 2.81 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 iron 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 157.51 feet along the west line of said 2.49 acre tract to a 1/2 inch iron rod at the northwest corner of a 5.3 acre tract according to the Deed Recorded in 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 iron 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 526.10 feet along the east line of said.-ti.75 acre tract to the northeast corner of a 24.55 acre tract according to the Deed recorded in Volume 2312, Page 624, Deed Records, Tarrant County, Texas; C:\ORD\ZONING\480.130 Page 6 UF-' EXHIBIT "A" IM THENCE South 00 degrees 42 minutes West 579.72 feet to a common ell corner of said 24.55 acre tract; THENCE South 69 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 corner 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 1,635.56 feet to the southwest corner of said 5.53 acre tract; THENCE North 00 degrees 45 minutes East 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 116.96 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 North 01 degrees 04 minutes East 496.5 feet for a common ell corner of said 13.75 acre tract; THENCE South 89 degrees 44 minutes West 878.42 feet to the westerly southwest corner of said 13.75 acre tract; THENCE North 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. M. 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 1/2 inch iron rod at the southwest corner of Lot 1, Bradley Addition to the city of Southlake, Tarrant County, Texas according to the Plat recorded in Volume 388-170. Page 31, Plat Records, Tarrant County, Texas) to a 1/2 inch iron rod in the south line of Lot land the Point of Beginning; THENCE South degrees 10 minutes 34 seconds West 208.71 feet to a 1/2 inch iron rod; C:\0RD\Z0NING\480.130 Page 7 K-13 EXHIBIT "A" IR THENCE South 64 degrees 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 West 208.71 feet along the south line of Lot 1 to a 1/2 inch iron rod and the Point of Beginning and containing 1.00 acres. C:\ORD\ZONING\480.130 Page 8 �-r-- -(q June 9, 1994 To: Planning and Zoning Commission, City of Southlake, TX From: Helen Taylor 1200 N. Shady Oaks Drive Southlake, TX 76092 Dear Sirs, I own the 45.5 acre tract on Shady Oaks Drive that is part of the Pima Properties Inc. purchase. My husband and I purchased the first 26 acres of the 45.5 acre tract in 1951 and added to it in the late 50's and the mid 60's. Not only has this been our home but also an investment for our senior years. My husband passed away in 1975. I am now 82 years of age and am unable to maintain the property and am to a point where I must realize a return on our original investment. I understand that there is some resistance on the part of my neighbors to the residential development of my property. It just does not seem right for the sale of my property to be blocked even though (W the proposed development is in accord with all of the existing City ordinances. Over the years I have never objected to the developments that have taken place in the City whether they be 5 acres, 2 acres or 1/2 acre tracts. I suppose that if I had, some of the current subdivisions might not be in existance. I am physically unable to attend the scheduled Planning and Zoning hearing in this matter. Please read the contents of this letter into the record for me at that meeting. Sincerely, Helen Taylor IM June 9, 1994 P.O. Box 92783 Southlake, Texas RECEIVED J U N 0 9 1994 CITY SECRETAR Planning and Zoning Committee Southlake, Texas Re: Petition to rezone Bradley -Taylor property Dear Sirs: (in Support) The enclosed flyer was placed in our mailbox June 7th; without postage. I make note of the four reasons given by the opposition to the rezoning proposed: (1) Traffic- and congestion 2 Traffic density 3 Destruction of established neighborhoods 4 Destruction of quality of surroundings My family moved to the country (long before it was Southlake), in 1956. We moved here from Fort Worth to rear our three sdns in a "rural atmosphere". We watched the birth of a city. We saw it grow from an infant to a traffic congested, highly developed, sprawling sea of houses. There was a time when all I saw during the day was the school bus go by and an occassional car stirring up the dust on our gravel road. Yes, our quiet, rural atmosphere and quality of surrounding, and established neighborhood was taken from us quite a long time ago. I shall never forget the day that a helicopter landed in our front pasture. Those aboard did not ask permission. They proceeded to explore the land which now houses the first addition in Southlake, Trail Creek, which is directly across from our property. We did not raise our voices in protest. Nor have we raised a voice in protest to any of the additions surrounding us. It was our opinion that the owners of the land had the right to use their property in the way in which they saw fit. I am glad we still live in a land where voices can be raised in opposition. H6wever, I am also glad that when within.: the bounds of legalities set by the city itself property owners can pursue the best use of their property. We would not deny that right to anyone. We would not wish it to be denied us. Thank you for your time to read and seriously consider these thoughtS.We appreciate the time and effort you unselfishly give to your community. S' cerely Bev rly radley ,�� 1645 N. Peytonville In .s l ` ORS THE SOUTELAIE, PLANNING AND ZONING COAKWSSION VH L a< AND PE `T0NVHJZ TO A ffiGH-DENSITY (M ACIM - DEVELO . ALL OF THIS LAND IS CURRENTLY SURROUNDED BY PROPERTY 11 YOURS... ONE TO 10 ACRE ` : I : I 1 :1 :,q I 1 ;A D! D!' i ' '7 ONOM PLANNING & ZONING MEETING THURSD Y. JUNE NTH 7. P� PLEASE CONSIDER THESE IMPORTANT FACTS: 1. FOR PEYTONVILLE AREA FE8106dT3. THIS DeAMD11PBAENTWIlULTURN OUR CALM AREA NTO A HIGH TRAMC6 HIGH DBVSiiYAFFA. ADDING TO -ME CONGESMON WHICH WILL SHORiLY OOCIA DUE TO TFE C OMNLIATION OF SOU7H WGE PARKWfAY ONTO PEYTONVILLE. 2. FOR SHADY OAKS REMEN M TIE TRWRC: DENSITY WLL BE GRFAMY tBGHTBNm BYTHS AND UKE THE ADDED IRAFF C PEYTONMLLE FESIDFNTS ARE ABOUT TO FACE. YOU ALSO WILL BE FACED VWM ADDED 7AAFRC MOM THE 'SLWUW ' AQUI31710N OF THE NEW MDDLE AND EL17uBNTARY SCHOOL PROPERTY ON SHADY OAKS. & . hB S NO REASON TO DESTRQY CXAV*34T ESTABUS ED NB F0lR7WCXWJENff3fCE OF DEVELOPEf LS A D RESDENTS MD000S TO SELL, WHO WILL BE GONE TOMORFKW WE'FE ALL AW AFE THAT HGH DEI4Sf TYHOUMNG IS HEREIN SOUi LAKE TO STAY, OUTLET THE HIGH DENSIiYAREAS DEVB-OPE •TtI MSB..VES WM*XJT DEMOYNG -WE NanHoonH000s WE HAVE IWOWK GROWN AND PRO7EC'iT m r �� • =i Mini i �T_="iI•0,1 LI MEAW TAKE AN HOUR OUT OF YOUR EWMCm ON THJRSDAYTO MW US PRESMX THE MM*3OFff= YOU JUIVEM IF iT IS NOWT MMX-E TO AMM THE MEE7NG YOURSELF. SEND A f13 ESEMTATNE FROM YOUR S7FEEF. VWM AHANDV*VT71=N STATEMENT FROM YOUI WE CAN MNCE A DID BY MANTANNG IM CTUALJTYOF OUR CFiYAS WE KNOW M SF-1� 1 a�rf' ,FLASH FLASH....FLASH .,:::FLASH:.FIASH�� Aam 1,19W To Ale SM Naiohbodaod /11 Twa bNmbrslil , t :'. ,. � .. , . �� y,�::( 7lfe Pima ProprMa Carpry has P1 the Bet t*&* Ptramtg and ?,areg Board le resom 104;twa d.lard.(w high dullft (U! atastWb) waidenSM d ' oormbttdiorl TM propaAy is balW am. Shady Oaks end Pwiwwia, lua noM: ktQorled tic r f: • ;1 *4@rd Avsnu& Severel d ear reaipfebom hw tAPanp moon abotnt .ramilt sbroe k seta a peadtal in our ansa . Ale of aim popraaa skereg Shady Oaks A ' an CAM* no bss ktsn arm ass Pw rssklreoa and mrey am IarRA VW Mia amen Wald be km bsO nk d high drmih'taring wralapm@M beds A to a dwskmbon of CLAT tt popalias'.Irift potibms (mks@*.66 be atmorbstad by on proposed tsdtools) polanl�Y Utpriaas in aril" and YAM-,'Petsormlh. 1451d1e oreannd M10 ' w` - dow lO me.''rdas Res daaeloprs, rho stand to pea 104 aces root MAW-sppaairq =^ahP' ere wimp b do starmMirip for atrrmiphbbdood ' . .This issue rkl w..on;kn agarda st tr Zoniq Board analitg at Juror r%1kK bepsnkrB ot.7YlO pm k is nar ridwdiled borrideralfon ttbaA Irkwy,MraKln rr meairp probably rood L,00 or U90 I plan b bs ttwo Io eeyress my own iopirfirt'rd vdff 4 MF'an Par. ba(WI ='WLL;LLrrW!RIYOW'I/OW _ a'.ai`,a tie ': k °i' "FEEL'ABOfI�<7 W'R Wald be bstW B ialJe bf you*ald:oaar d PftZ meatar0 .r MA I kr*a tow dk ivA Mort la,- -. Pbass alk wti, or fax (2144256674) aid lot ine know yae apkiora This mW be f , ar het tat d Way on • srkam maraa MrlQ afberta each of tor:. Thr". LAND USE PLAN 1993 ADOPTED OT C777 COUNCIL 6-15-03 -� SOUTULAQ CRY Ui11T Too Tun nmD nAIN CORP or att:3:r3Rs RC'+:l zy PUBIC PARKS / OPEN SPACE L� PUBLIC / SW-PUBUC LOW DQISM RKSi OMAL IIEDm Dzmsrry RESIDENTIAL Sam USE 'R� PmusrRiAL ram.. . _F - t4 I ORI - - v L Cher Naar •' .. - ;u e: sans ♦,wnrfu. �x f TO: Pkaeial tad Zo ft Cammraoras FROI& r Laces if l y BBQUESTM ACTION: Rem-ft ad:Caeoep ras der Od2up beiet<',I0J,76 case mowed is de T.1L PAN irap.A6aa:?ft bd0t;" .t`o!A 1 ! IQ 1A. 1B 7A. 7C.11L mod Las 1 A 2., Bradley Afilkra Tbk derdoPmeu.ftioPoeor 163 mldmW Mm a ,tip �t �' Badi�et' 1 . LOCATRJN c<, , IVart d Sb* O" Dr ad �aa( ee DM5VMINrifit Hwy tme�. aLet`N,�in E„ 01PItPRS. Rd= Taylr rrd f9say 7 a.aley"� � a rage APPLICANT: Pima tmpatie+.l�o P CURMENT 2OIIM AO'. Ap1mMa<at 1 R6QUESIED790lfIIi(� . ? +S[KiOA�ibd►Famn)' y,....(. . �)�,-'�"F LAND USB CATBOORY: t �, 1w Dalry naideNW S � x car P NO NOTICES SENT: Tbkv4m (J4) RESPONSES: OW wrism aapama raadid -Mr. t Mrs. blirJtad 1W6' appord: iief ae cooed abet de `, amber at boors m bq�paaY�tt 'sorb .A aman ara ad *a re, c?, cmerrmd thb do maWs� dded'mtTk ' ; w' . STAFF.COWENTS: , ?Am W Plmt Bd dot flrt IYnLRCeieFw � &md Jlre J: 1994. LPOlbla . F ' , city of nwcwmraaoa 1'3.. Cl TYOF SOUTBLALL KAKNR6ANOY �i NOTICE TO INTERESTEDIROF®t mro•w.RWAM REFFREWM NO.: 7A 2kM Dtar P��' Owen' t}I'I M7 NOIIIIIfNralwiwUE arorwI a aautPuaa.mwfam a19aOre43 An appiimties Lae a amas/mmt le Ib Torch" Ocdkmaa ad ley bm bum Sal oft do Cky Pl: ad 7fidn Commirbs. TIM mpsoldos k Tor dm I - - ttrabel aC . em 6 and a® i d, T sI A :! >tierer a a 706_ heist Mum I At 1G IA_ IR_ 'Ia_.edL.r, I e > e..dlerA/mrim Tbslamrioedrapaapmg k _ k tik F - d N Sank d N Dtee sad Neab d Hw►. 17t19. - Tba tf Wems at Oa poprg we ad do appDesat is npp Tbt amrat amiag k :A Aerimbd: do mgaarted msb g k •SP-0DA• SiadaYamke ,MddjgddDbMkL Tom wlbh)a applimim . A peAiie bocci} rdR M beW y ibd Cfh plmaiK � 7a�t Oe�faaaaJaet e_ teoa t 7,3o a--- is dre Cky Caemk Cbmbrs a C ky BOB. At tbk ame. ya may nbmk paw vim as dm now ispasaa by rrkiaB, -by aapmome . yenare asaawapd M bow Ike regareadariaog gi ThalsMsealbamaaedwMaNraeltascadsdIMUSOarabw peom. Ityoa bow of mW bataeamd papry ewer wbs Ise t4 rases W sat aaoeiwd a ooffef da bear. k r dd be path appaird It 7'a Wald Mhm drm Of dr dm d PbW Of dt +< v am zabeL ctiMERsae J t P, CIq d SaaMoir, Tom (CUT HERE) ----------------------------------------------------------- The PoDowbl bm may be MW otAmd aded m dm aW d SUMMIS Pkda< all 7a+L Cam bdm 667 Nash Carrell A�eoe. Soadie. Tcm 760ffi PtEF RENC E NO.: 7A 4f� (it brer eO ("pond aa) (wdeddatt &am) dm mgaeK for db lakosiL IDIOM S16NATIR F- ADDRFSS: 0 Nil ------------------------------ --------- The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. , ,,. REFERENCE NO.: ZA 94-54 I am (opposed to) ( the request for the following reasons: 1) Due to the increased amount of concrete, streets, houses, etc. will definitely create even a larger drainage problem than we have now resulting in the value of my property being decreased. 2) The narrow two-lane roads were not designed to handle the heavy traffic that we now have and is certainly not sufficient for any additional traffic load. 3) Supposedly, our schools are not such to handle the students we already have and are certainly not ready for additional ones at this time. SIGNATURE: &T-1 W A&Zz:. Don J. W ks ADDRESS: 1325 N. Peytonville Ave. Southlake, TX 76092 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ --.------------ - The following form may be filled out and mailed to the City of Southlake P1 and Zoning Commission, 667 North Carroll Avenue, ou , Texas 76092. D REFERENCE NO.: ZA 94-54 � lamKmfavo�ro(opposed to) (und the request* for the fo ns:1994 (4w, SIGNATURE: ADDRESS: �� 0 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .- - - - - - The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 94-54 (a C) - I am (in favor of) (opposed to) (undecided about) the request for the following reasons: -------------------- The following form may be filled out and mailed ---------------------__-4 to the City of Southlake PI Commission, 667 North Carroll Avenue, Southlake, T 76092. and Zoning REFERENCE NO.: ZA 94=54 Dn n V 9 199 l " I am (in favor of) (o4 pposed (undecided about) the a request for the fo 0 VIV SIGNATURE: ADDRESS: � � � /_ 27--142 r- �P-�2 _ --- ry uig Lurm may t)e filled out and mailed to the CiSOU - - - - - - - - - - - Commission, 667 North Carroll Avenue, Southiak tY °f Southlake*-P1 76092. an�ntng and Zoning REFERENCE NO.: ZA 94-54 `T f _J , - D I am (in favor of) (opposed to 1994 (undecided about) the request for .12 ... IGNATURE: ADDRESS: ---------- ---- The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake as 76092. REFERENCE NO.: ZA 94-54 I I am (in favor of) (opposed to undecOa JUN 8 1994 (the request for th Se(1A0\)S e000,0YWS AU) 1T1t ��"l u Acrc, 5 0Al0"iv-,pC s S� i3 (A1JG C AEON (F S c1D W Diu aamA'o- w C�-1 `D SO (-to (IS1lUc SET SIGNATURE: L S(�! ADDRESS: _% ( P Uit-j-)t=R 0k) bC 00t 7_ ----------------- The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. n fly REFERENCE NO.: ZA 94-54 E t 3 1994 1. I am (in favor of) (opposed to) undecided about) the request for the / / // // / A A SIGNATURE: ADDRESS: 1p -23 IN -------------------------------------------------- The following form may be filled out and mailed to the City of Southlake Planning and Zoning ' Commission, 667 North Carroll Avenue, Southlake, Texa 6092. REFERENCE NO.: ZA 94-54 IN =JUN' I am (in favor o (opposed to (undecided about) the request for the SIGNATURE: -3C;/Yc-l; ------------------------------------------------- The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 REFERENCE NO.: ZA F I am (in favor of) C(oppo�se�dto) decided about) the request for the follow' SIGNATURE: ADDRESS: A - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The following form may be filled out and mailed to the City of Southlake Planning and Zoning C4.pj"..ISS'_C?:, 447 North Carrc.11 Ave. SC'..`thl'ake T�••••�' '7LL//��M REFERENCE NO.. ZA 9 1 zkq _ Lf 4,:--i; � I am (in favor o (opposed to) undecided about) the request for the following reaso`hs: n1-k Kc"notsHc.Lo we-s favb(use (Meth, A. 02- I _I _/ . • _ • . I • . 7 .. SIGNATURE: ir71�.►r f ADDRESS: % 3 d /y. P2 Y f v-A la' SF-;�4 - -� SJr / J.. Glen and Alice B. Burgess jr. v 1253 N. Peytonville Ave. Southlake Ty. 76o92 Tel: 488 - 7270 Ref.: ZA 94 — 54 We oppose the development of Oak Ridge Addition as shown on the plat June 7, 1994. we also oppose strongly the street planned to connect Shady Jv,49 with Peytonville - west Highland. On a previous plat Highland was shown in a direct line going by Bailey property. On the new plat the street would deride our - Burgess - and Sumner property. 50 feet would be taken from either owner. There is no way we will ever say ° yes" to such a proposal. Sincerely Glen, Alice Burgess K Glen B. Burgess jr U1 g �i _� C` � S �•' Alice Burgess -- 1253 N. Peytonville Ave 5outhlake, Tx. 76092 Tel: 488 - 7270 reference No.: ZA 94-54 We object a high density subdivision in our backyard. Reasons: 1. All properties on north Peytonville are larger acre tracts with mostly livestock. A dense development would destroy the rural setting everybody enjoyed so much and was a reason for chosing the area to live. Lets keep it this way. Traffic problems would be horrible. Developers see only high profits and nave no co:ieidcration for the citizans who have lived here a long time. 2. What we would gain would be higher: --taxes for city and schools, higher traffic, crime. We have lived at this location for 26 years and longer still in Southlake. The taxes got higher and higher. We gained two things: Garbage pickup and recycling. What has also changed? We were broken in once with no follow through by the police department, no recovery of the goods. Smashing of mail- boxes once a month. Egging of one of our cars with roadblocks of stones on North Oeytonville, In this case we did the invesrigastion on our own and found the culprits. 3. The additional construction would create runoff on our property, since our area is on a lower plane t due west) . Drpnn JUN 771994 City Of Southlake �D Planning and Zoning Commision Reference No. ZA 94-54 Ladies & Gentlemen : ,011''qy r Mteav, IA My name is Robert L. Hinman and i reside at 1600 Shady Oaks which backs up to the property in question on the east side. 1 do not have any objection to the request for the rezoning of this property from Agricultural to Single -Family. I do howeuer object to the concept plan. It appears that the owners of this property haue decided to go for the mauimum number of lots possible and then negotiate from that standpoint. Since this concept plan does not even come close to blending In with the existing neighborhood, it puts the adjoining properties in jepordy of a reduction in value. Another major concern of mine is the problem of drainage if this subdiuision were to be built as proposed. Since most of the east portion of this land slopes toward Shady Oaks, I wonder what prouisions haue been made for the additional runoff that would occur. The concept euen has one road dead ending into an euisting house on Shady Oaks. Also since it is my understanding that this property is zoned for low density housing, I do not feel that it should be considered otherwise unless a new master plan for our town is deueloped. One additional point I would like to make is in reference to notification of adjoining properties. When this concept was preuiously proposed I was notified and changed work schedules and trauel plans In order to be at the reuiew. 1 was then notified that it was withdrawn when I arriued at the meeting. This system of notification needs to be changed. Sincerely yours Robert L. Hinman `. (\1i_\ June 7, 1994 To: Planning and Zoning Commissioners From: James and Wanda Glover 1355 N. Peytonville Avenue Subject: ZA 94-54 Rezoning and Concept Plan/Oak Ridge We would like to take this opportunity to voice our objections to this request for a zoning change. Since our property is adjacent to this proposed development, we are quite concerned. We purchased our property in November, 1993, because we liked the rural atmosphere. We have gone to considerable expense to remodel the existing property to make it the home we wanted without disrupting the lives of our neighbors who have lived in the area for many, many years. We chose this particular property because of the school district it is located in and because of the amount of land-4.86 acres. We have horses and a concern of ours was that our horses would be in a safe environment --not a lot of traffic --and that we would not have to deal with people who wanted to live in the country --but didn't want to see, hear or smell animals --a contradiction in our mind. You see, having made several corporate moves over the years in several different states we knew exactly what we were looking for. We wanted several acres for our children and animals to be happy on. We wanted a good school system --which we have learned over the years attracts newcomers and keeps property values up. We have also learned the larger the tract of land a house is placed on the more valuable the property is. As an example, when we lived in Orange, CT, our schools were considered in the top 2% in the country. Houses had to be on a minimum one acre of land. As a result, our property was worth at least 35% more than neighboring towns of Milford, West Haven and New Haven. There was not a single house in Orange which sold for less than $200,000. Those at the lower end of the scale were normally at least 60 years old and in need of major renovations. Another neighboring town had the requirement of 2 acres per house --their property values were even higher than those in Orange. On the opposite end, we also have experienced what happens when low density development goes into an area. When we lived in California, parcel of land --which was owned by the county and was supposed to be used as a park --had the typical "California tract houses" built on them. That was thirteen years ago and our former house today is not worth what we paid for it new fifteen years ago!! Needless to say, the people who bought our house from us are not very happy about it. i ,i Planning and Zoning Commission June 7, 1994 - Page Two We feel that based on the type of soil in this area that houses should be on a minimum of one acre of land --preferably two acres. When we lived on Garden Ct. (which is also quite near to this proposed subdivision) we noticed several of our neighbors had problems with their septic systems not operating properly. We are concerned that even one acre home sites may not be large enough due to soil conditions. We are concerned about flooding increasing --we already have had flooding over the last several months --we are concerned that our property will be damaged if water runs off from the Oak Ridge Subdivision onto our property. At the current time, the open land absorbs rain --where will it go when houses and concrete are on this land? What about the 100 year flood plain across the street from the proposed Oak Ridge subdivision? What will happen to these properties when all the rain water floods onto them with each and every rain? If run-off from Oak Ridge damages our pastures then we will be forced to hay our horses on a regular basis which is quite expensive. Currently, hay has been selling for $6.00 a bale --so our expenses would rise considerably. Will the Oak Ridge homeowners buy hay for us? Traffic on Peytonville is already heavy and quite dangerous. Will we loose part of our pasture to the widening of Peytonville? Cars routinely ignore the speed limit of 30 miles per hour. Pot holes are numerous due to heavy trucks coming from construction sites in Myers Meadows and Southridge Lakes. On occasion those of us with livestock have to chase a loose animal down the street --luckily our current neighbors chip in and help --but we would hate an animal to get loose in a low density housing development with small children playing. Another concern we have is where will those children play in Oak Ridge? Will playgrounds or community pools be built? Or will we have a problem with children trying to play with our horses or worse feeding them food without our knowledge? Who will pay our vet bill when a horse gets sick from eating something it's not suppose to have? We guess part of the problem is that we can envision a beautiful community on this parcel of land being proposed as Oak Ridge Subdivision like we lived in before moving to Texas. Black Horse Run was a wonderful community of 1 to 5 acre homesites in North Carolina. They had community facilities --pool, barn, tennis courts, riding arena and trails that went throughout the development. It's a shame no one has thought of a development like this in this area. It is interesting to note that this community was made up of upper level management which had made corporate moves into the area. Stressing that not all people who make corporate-aloves want to live in a development like Southridge Lakes. Many want their homes to be a place to relax after a hard day at the office without looking at their next door neighbor. Many do not want to built a barricade of fence around their property for a little privacy --they would much rather look at trees as a buffer --and this property has some beautiful trees --will they all be cut down? Where will all the wild life that currently inhabits this area go? Planning and Zoning Commission June 7, 1994 - Page Three We find it interesting that we never received notice from the city regarding this zoning change --even though Karen Gandy states that 34 notices were sent out. Since our property backs up to this proposed subdivision, we would have thought we should have been on the mailing list! We were certainly on the list for tax bills! We sure are glad we paid attention to the notices that went up at this location. In conclusion, we feel that the much higher density proposed for this land will greatly reduce the quality of life for which we, and many of our friends and neighbors, have paid sizeable amounts. Significantly more traffic on notoriously poorly maintained roads, increased flooding in an area already plagued by the one hundred year floor plain and poor drainage, additional burden on schools and community facilities all add up to sound reasons for opposition to this project. We hope that this Commission listens to the neighbors - not the developers - and rejects this proposed zoning change. ncerely, es E. Glover Wanda S. Glover §TARRANT APPRAISAL DISTRICT ;.: * 05- 18-94 NOTICE OF APPRAISED. VALUE FOR.:PROPERTY TAXES .:....:.::. ,> `.4\A..v:.?::..::}.::t::.i.::....:.::..:•.:. .•...' '<a-{a}Q::4�..#.va..w.•••::.?. :.'..;.:t.:'at:J..(4-•a ::..}:::?n:::::;.:.;::::.:.iT:::.._.;..:...:.:.5..:.;..,.. ..{, :..:<\:::�><,�4'::.r4.v..?. i::>::?:+;??iy')!<:.�i.v.:' v:)..}. v ;.?:' ::::.:.•:..a: -v:y.:.. }.f..Q: 'Ct +>i.•).}.} }Y?.:..:>P..}i'J?a'v:' i�Z. . , ..:y . .x}: +, ...:.�.:;:::•: ` :.:.. .r.i. Appraised Value: .. ' ?` "'+"" ` QO Nt)T P.tlrtQM Appraised Value: 46 , 500 :LAND s THIS 1GE 191 , 200 144,700 BLDG.:' i able Value Tax Amount TaxingUnits Taxable Value ax% a Estimated Tax'Amount' TARRANT COUNTY 191,200 .2719 519.83' COUNTY JR COLLEGE DIST 191,200 .0467 89.31, COUNTY HOSPITAL DIST 191,200 .2421 462•.901 r„ t 1. t COUNTY R.O.W. --- 191 200 .0000 1.6295 N':.00 3. 11.5 CARROLL I SD , 601 SUN?c CITY OF SOUTHLAKE 191,200 .4550 869 86 1994 ESTIMATED TAXES 5 057.60' :.; :i.:..::..:<...:. 7akttblalidltie (8ftatetetYtptior#) *Seedetai6felow foe:anK exeipfibrssm eif6bt .. Y::>:::::;:::> :.:. >r11f?tt �.y:�: iata) t Es r te�v►�uid:rtpse#ftesar a oUt 3Rf r6�t@I) ,. #>@ ►Krarsadi6stY0&f- :. ..EIg:'u! nay N07 ado :3 a Fate fki?e iig47slS9:ti1gF:imt sarise i�'1E:E.��. as: bloc can ` ;u3.:is ershatrt::�s:raiis _h. ACCTNO .. :.::.:::.: �- .. -. .....i.Q•: fSNF`I.ySY.Y�;S�.�T!:�}.S+*+•.:::: pax...................A:...:.....+.....:.:::...,...,:.,..: ::........:. ..... ..... .....: ).:...•.: i4: is f.•??}.:: ?rn}.::.::: :v::::::::::::::::: iii::.:::?::.::: }iiii:?}: i si::.::•) •?>:^:•:i•:v:•):::: :•:?::: :?v:.:::::::?:?r::v�:., :• . . . ... ...................::::::. :..:..:. .,.:......,.+..+...................:..........::+.....<.:.....::,. , _ _ . 06644449 &:imEvs 1"v; 'h.s� �m�tnts:are titp;txes:YY'S!`Is7seci:c.#l; the c�verut.#dtesctvpt the esi�mted pn ails rintiC9 4t ty r(#t19; [7 tt f#` &J8:1 iS:11lCt sed:Stttc� lastyotu> tatCrat$S.:Sfli? t :: Att 5 i) � —ulg �FtoSsclt rs raqulreQ1. .The Texas Legislature does not set the amount of your local taxes. Your property tax burden is decided by your locally elected officials, and all inquiries ceming your taxes should be directed to those officials." Exemptions Homestead Over 65/Disabled Veterans property Description/Location: BURGER ADDITION BLK 1 LOT AR" 2 N 1355 N PEYTONVILLE AVE 1.8600 ACRES If you are 65 or older and you receive the $10.000 SCHOOL tax exemption on your home, your SCHOOL taxes for this year will not be higher than when you received the exemption, unless you have improved your property (by adding rooms, other buildings, swimming pool, etc.). If you disagree with this proposed value, or if information on this notice is incorrect, contact the Appraisal District (TAD) Immediately. If the problem cannot be resolved through informal review with TAD, you have the right to appeal to the APPRAISAL REVIEW BOARD (ARB). In order to appeal, you must file a written protest With the APPRAISAL REVIEW BOARD, 2329 Gravel Road, Fort Worth, Texas 76118-6984, no later than the date noted in the lower right corner of this notice. Contact the appropriate office to eliminate confusion and save time: TARRANT APPRAISAL -DISTRICT - for information concerning the appraisal value, exemption status or ownership APPRAISAL REVIEW BOARD (ARB) - for formal protest concerning the appraised value or exemption status TAX OFFICE (County, School, City or Special District) - for information concerning the tax bill GOVERNING BODY (County Commissioners, School Board, City CounciQ - on subjects concerning actual tax rates, government spending, exemptions allowed, TARRANT APPRAISAL DISTRICT CENTRAL OFFICES: 2315 GRAVEL ROAD PID 4338—•—.--1---- AR— -- FORT WORTH, TEXAS 76118-6982 (817) 284-2025 #BWNBRTN # 06644449 8# (RES)l Ilrrrlrllrrllrrrlrlrrirlrllrrlrilrrlrrlrlrlrlrrlrloll rlrlirrll GLOVER, JAMES ETUX WANDA 1355 N PEYTONVILLE AVE SOUTHLAKE TX 76092-8425 IF THIS IS NOT YOUR PREFERRED MAILING ADDRESS. PLEASE NOTIFY TA '� P-3' THE DEADLINE FOR FILING A FORMAL PROTEST WITH THE APPRAISAL REVIEW BOARD RELATED TO THIS NOTICE IS: JUNE 21 1994 `boo o V,tZll 5a Z cn � g� W r ¢ = CCR0 In 39 co Oz W N-9 1 W ul W .-Wv IL im N 3 �� m8= a \ a > N Jv _ _ > . g c yC(Jj >N ` o -OX( l I U w c) oC N ¢ _ gn a.. mn� M °o a moo p m W MOO Q e) Q °' '� � ca m J m W � _< N �"" e) to ID m Q ^ 0 � Q a �¢3 E a dMH �Nc vi °S6--- o U.15 Q m Z {al��o as a �oV� z > t ¢ p � wzQN Cl) > � > O v $> .0 w� �%Cc$a O cr N Q _ �?Z�,-�.O•]� U 7 N— F- O �- ` � �- .Y W oaca m m� a •& Q ei o` O pc0 O morn cC «s 'o V Eogm� F- C-4 rn t�3�QR=% cgv_51-N ot= _3 �- aN � i7 •i'� C, r � a :� ►�' .'}; t '�"i �'` �G �'; '`- ax L •7�,�A�i�i^,y11{?t`'�.,/;• �;; '� '-.: ..,•.; `+.�*tv .a�4'�' ,+ yK� s�,'r? ;�i�H,,i,^:'� s v.; : r, ! `ram . � f 1 ff '�£ • R \ E ! 1 ! ! Vt7' • oL L t ;,Si ql C....... .. 31 t�nF[arr Y.aSG _ t a, , LIZ' 4 may vF Hum oar mu msUw w sz NOM CaMU Ave=% � rnr,r�eied iel *� .IL 7_ SR, �J�/.��a � _� r�l ��tfiriw►�y� i�w—. �.� FAVIAPMOW Aw s � - ,.. alit' � � - rr v.� .r �►� r /. r �1 LAND USE PL-An ,. -- - - --- — Amp= Ir CR'r COUNCIL 6-1E-03 •� - y Cr" OF SO(. nUAU NOTICE TO Of IRAWM PROPER RAINN R CAJW • R L REPPRENCE NO.: 7A ILH Dw F."t, Ownr alaMnA wm+ 4W .ouw..we. rau. nu.l a+v o. w s • r w r.+r a+tr.r /Ark .•:•::� AR.ppIWMRlhcrwW� �t W WalWiwf�fa :•. CIq PWwiE amZM" COMWOW& Tt �M Y W tt Pap" dumb"......... . �m eA •� � " i. d• 7 v Itml �ws �Wt 7RL W 71sea 1 L iC- IA- Ol •♦ Y` +�w-rA .eltiR�Yf,.��W. TtYRdradrP "WIs��j SOUISIAEE CRT u1RT in TEAR ROOD PLAIN isAO• AeAaYtaL• to �-A -aft tt !" Rt.Mb6 Tt artott tRRirE CDR/ 0► ENOmm NOUN"" . T1. r�A oaietPt PW fa dS11tM wEi t n.lwd wl� rY _•'.� PVRUC PARES / OPEN SPACE n { , PURut / nw-rmc ? .M 2 A PiUe taiE t�W Chy C YdE b W md m CIV N IL db Coto�iaYR wiRtPW VW a is hibw do totr DENErtT RElTDENf1At os roi m Ida wed - b to dl� ` iw1w tMR.rd RaYSR tRRwF [RA 4P'� KUMW DDOM RESNENflAL Promm mm Un urn Ytsw of ow isw d PNPRV Ww she Itr NWttttttr Yr tit rNdrd o am of W INDUSTRIAL Z k wwlA beSMICg 7 PRelyd Y 7•• ww " kd t r d VA�. Ood PW..r rY OG v«/ a* 7-M 14 - ••A z..w Ck, K SwRYt. To. v (CUT RSA <l:e►~.P The hiisRYlE fat• ttq t Oid • W ttrYd r Ck, of iatEl.t PYtrAYP rl ZWq Cattttt bWM N7 N" Caton Ater, SoWdR. T� WM- , RPFEIRENCS NO.: ZA tim • if "SY '� I w (Y anW d) (aRaW r) (GO&W" ra4 tt ngmK /a tt N11, E 9 r : I ADDRESS: Most residents of the twenty year old Trail Creek Subdivision wish to express strong opposition to rezoning as referenced above: ?_A 94-54 and encourage a reexamination of current development standard and policy which is slowly but surely changing the Southlake living conditions, lifestyles and natural charm. A I ILL _l Z©o (pre- fa6l (reed I �� . (Ire...•_... . _ _ ..•I�.SI .%�o' . Q�r,�C�%�- _ _ _ ..� - - ... _ _ . wC _ ---._o - - - - �r- JUN vo 1994 • The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 94-54(:C:) Dl� I am (in favor of) Need tito e SIGNATUR&—�> ADDRESS: (opposed to (unde�about)a request for the following AJ 2L The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake. Texas 76092. P-%k REFERENCE NO.: ZA 94-54 I amp (in favor of) -� (oaoosed to) (undecided about) the renuesct fnr the SIGNATURE: - ADDRESS: �n-a - ��n uuj`j 6 clu i _ v 1994 r� i ne tonowuig form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 94-54 LUIJ �1(_� -�8 1994 I am (in favor of) �undecided about) the request for the fo (a..' SIGNATURE: 5— AU ADDRESS: (CUT HERE) ------------------------------------------------------- The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Te REFERENCE NO.: ZA 94-54 00 I am (in favor of) (opposed to) SIGNATURE: ADDRESS: request for the fo --------------------------------------------------------- The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenu 76092, _ �Nt; � 'K i N Zec� �=� ,, REFERENCE NO.: ZA 94-54 JUN 8 1994 I am (in favor of)ciowpsed to ( r t for the following reasons: SIGNATURE: —AA ` ADDRESS:s-- t=---�-------------- 1-1------------------------------------------ The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 94-54(:K- _> 0 the request for the following reasons: I am (in favor of) (opposed to) . (undecided about) SIGNATURE: DANIEL R. AHLERS LINDA F. AHLERS 1445 Shady Oaks Drive Souddake, Tx 76092 June 8,1994 City of Southlake Planning and Zoning Commission 667 North Carroll Ave. Southlake, Tx 76092 Planning and Zoning Commissioners, Kagan P. dandy, Zoning Administrator Re: Proposed rezoning of 103.76 acres situated in the T.M. Hood Survey, Abstract 706, being Tracts 1 and 1C, IA, 1B, 3A, 3C, 11B, and Lots 1 & 2, Bradley Addition. We are opposed to the proposed rezoning of this property to "SF-20A High Density Single Family Residential". (W As you are aware the typical home in this area of Southlake is situated on a lot of several acres. We feel that allowing a high density development in the midst of this nual setting will cause properly values to decrease, crime and traffic to increase, thereby impacting the way of life of residents in this area. We request that you restrict the high density developments to the more undeveloped areas of Southlake and protect the rural atmosphere in the areas such as north Peytonville and Shady Oaks Drive. Thank you for your consideration in this situation. I R. Ahlers n , F. %V -3 Y o U + r"JUN9 r TO: Southlake Planning and Zoning Commissioners 1994 SUBJECT: ZA 94-54 Rezoning We oppose the petition by Pima Properties, Comp any to I'downzonell 104 acres of land for high density (1/2 acre lots) residential construction. Property values depend upon maintaining a equality lifestyle", the phrase so often used as a Southlake advertising slogan. Let us implement the sentiment by maintaining the land and not adding to taxes, traffic and potential crime! OPPOSED: JI X (w 9c�o (,,i. baJ iZ(-> Xo_vr L, / t6ve 8F-35 MOST Fiz4-"Yy, cp-o�fsn n-, f3j-zz (-I_ s ,v ILL t(>S \��2rtEyE� �AntvE2�son/ i, � itTi�N s �1 IirrfLJfiiillIUIrod IL�I�l�1M1iML 61 7/gy 133 133 8' Q:'/f TOal Are 1-5 Al ra IV M(y hct.qto, 6v1de mare-y 7- e_ u-�nt 13(o0 oew 1 ec,--� MAuc�t�- U CAZWCG uD 2AOo)?C- tOnvd-Qu �'VlCC1 vv��RIJN VI c 6 r -" - CITY OF SOUTHLAKE NOTICE TO INTERESTED PROPERTY OWNERS REFERENCE NO.: ZA 94-54 Dear Property Owner: An application for an amendment to the Zoning Ordinance and Map has been filed with the City Planning and Zoning Commission. The application is for the property described as: 103.76 acres situated in the T M Hood Survey Abstract 706 being Tracts 1 & 1C IA 1B 3A, 3C. 1113, and Lots 1 & 2 Bradley Addition The location of the property is West of Shady Oaks Dr. and East of N. Peytonville South of W. Dove and North of Hwy 1709 The owners of the property are Helen Taylor and Harry J. Bradley and the applicant is Pima Properties, Inc. Tile current zoning is "AG" Agricultural; the requested zoning is "SF-20A" Single -Family Residential District. The attached concept plan for OakRidge addition will be reviewed with this rezoning application. A public hearing will be held by the City Planning and Zoning Commission on June 9. 1994 at 7:30 p.m. in the City Council Chambers at City Hall. At this time, you may submit your views on the matter in person, by writing, or by representative. You are encouraged to follow the requested action through final approval because changes are often made during the review process. If you know of any interested property owner who for any reason has not received a copy of this letter, it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake, Texas (CUT HERE) -----.------------------------------------------------------ The following form may be filled out and mailed to the City of Southlake Plannine and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. O .17 REFERENCE NO.: ZA 94-54 C) O I �U+v 11994 I am (in favor of) (opposed to (undecided about) the request for th s 0 G/t�J7 t-)P t►� r no4-1I ;e 6f 1/Yl - Cl C-< '1r^ 54- i_ t- v p i ,,,SIGNATURE: ADDRESS: / 3 3 �F -4( a .......... JUt Av/o z 9y-sy AX eyL2u�e/L �=�1 �Ciryv �7. iZf , 51—a OL . lt. O� .Utz Ve JUN 8 1994 Va 6lG�Q� Gt• .s are lr . L�1 7`!u .-�a 1�0 6��'� ax.i -,C raA cvu ,:q.o i�.,& n a a 11 fC"A, P-e ca2ze vo 6�%r� p a� e :off 22 vv, bLx-" C/ n b�� 9� GaCn�� •'�tr 2¢ Ct� c�.,o '�- 8F -43 IPY VIOL OW bel-lu P44 r TDI-I IS"94 Gl �F -�y a Sf- - 45 (awl 70,a ahtot Al Q � A&a v.�CQ • (q6 .o A tJr�U . 1 &to;te2 4'Lo .-tX ZA ! - 5- a,ke-.1. TX 9d-- 1240 Post Oak Trail Southlake, TX 76092 June 16, 1994 Southlake City Council Southlake City Hall 667 N. Carroll Avenue Southlake, TX 76092 Dear Sir: RECEIVED J U N i 7 1994 CITY SECRETARY I am opposed to ZA 94-54. The northern part of Peytonville should NOT be rezoned to allow for 1/2 acre lots. The minimum lot size for this area should remain 1 acre. Thank -you. Bt= -Y--� Sincerely yours, John W. Jac on 1240 Post Oak Trail RECEIVED Southlake, TX 76092 j U N 1 7 199� � June 16, 1994 1 CITY SECRETARY 0 Southlake City Council Southlake City Hall 667 N. Carroll Avenue Southlake, TX 76092 Dear Sir: I am opposed to ZA 94-54. The northern part of Peytonville should NOT be rezoned to allow for 1/2 acre lots. The minimum lot si& for this area should remain 1 acre. Thank -you. M V -K Sincerely yours, Nancy Schm t Ja on n!� D t.Jr O JUN 8 �g� � C. Roger Hutton CA(�O L, WOM tJ 1 a UD A-lLS i 8F--4q A m UN 8 1994 n � ELM,, Ll WIrjX0i6 � It •` 1,jjAA f w C. leer Hutton a r 1 ' C� W-5D • iv -�j 1994 . Roger Hutton 4 w w w .. A _ r'% „ J J-A ILI 1 C. Roger Hutton � r► * mv l IMS ** OTAL PAG 005 ** -The following form may be filled out and mailed to the City of Southlake Planning and Zoning • Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 94-54 �OT I am (in favor of) (opposed to) (undecided about) the request for the following reasons SIGNATURE:�C ADDRESS: 1502 PLANTATION DRIVE SOUTHLANE, TEXAS 76092 The following form may be filled out and mailed to the City. of Southlak Y"'1 Commission, 667 North Carroll Avenue, Southlake, Texas 76092. a Planning and Zoning n REFERENCE NO.: ZA 94-54 I am (in favor of) (i (oppose7to) (undecided about) the request for the following reasons: a C In SIGNATURE: - •�� JUN 8 1994 ADDRESS: N CY & JOHN JACKSON — 1240 POST OAK TRAIL SOUTHLAKE, TEXAS 76092 The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 7609 i r REFERENCE NO.: ZA 94-54 I am (in favor of) (opposed to) (undecided about) the request for the following reasons: __.PhkMy JACKSON — _- 1240 POST OAK TRAIL '.53 SO(TTHLAKE, TEXAS 76092 - _-----..K • The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlak Texas 76092. REFERENCE NO.: ZA Q4-54 b O (40't am (ia f44v'9 (opposed to) the request for the m e�sonP94 - The following form may be filled out and mailed to the City of Southlake PIann" _ Commission, 667 North Carroll Avenue, Southh&e, Texas 76092. ningy nn'1. _ REFERENCE NO.: ZA 94-54 �-Z ✓`/� 1 am (in favor of) (opposed to) (undecided about) the request for the foilowi - A^ C AAt rL .. � Ate► tin f •. ADDRESS: 42 SGUTHLAig, TOGAS 7WC2 The following form may be filled out and mailed to the City of Southlake Plamnin - - - � - - ut�is Cosion, 667 North Carroll Avenue, Southlake, Texas _ and REFERENCE NO.: ZA 94..,E i am (in favor of) (opposed to) (undecided about)_ the request for the U/V6 A< IR . �1SA� (W 2G SIGNATURES ADDRESS: r � TPXAS I n REFERENdE NO: ZA 94-54 JUN 8 1994 �- Do I WE ARE OPPOSED TO THE REQUEST FOR THE FOLLOWING REASONS; LOTS ARE TOO SMALL --SHOULD BE AN ACRE AND THE HOUSE SIZE IS NOT IN KEEPING WITH THE REST OF THE AREA. � C (JJHN JANBA HILDA JANBAZ ADDRESS: 1302 PLANTATION DRIVE SOUTHLAKE, TX 76092 (60, The foilowingform ma be fill ------- ------ ------------------ Y ed out and mailed to the City of So uthlake planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092, REFERENCE NO.: ZA 94-54 &Wingg I am (in favor of) (opposed t(undecided about) the request fr CP SIGNATURE. R ADDRESS: z __'/------------------------------@-- MW [owwONd now -me hcwasom "Mmftd -- - - - OommWiM .I "'I N" C M Awe. S"W*z. Tmt 7ML RFFF UMM NO.: /TA 4434 `` ] tydeeM, obo •i dw nqo .(w die fdMw' ng WDRESS ;Zoo , r -S t;ne following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 9 -60)-T) I an (in favor o (opposed to (undecided D N 4 ( tded about) the request for the foils 9 199 ons: �/f SNrViC�✓s GCi C � �GL S�op� --�2f ✓ICES nor CLre nE�.v o�• er load e Y'U c � du notQdd, r�;, mop- sv6Q/dis�ors S Ince e C o — � SIGNA ADDRESS: IN rv_Iorco o f' Q bv: deh wx is ob/ S a.re reso/veal !� � S•eu "le-1 0'p ht V_ Leis he fi i 57�rtef re ��• �� ; der crawl �J -----..----------------------------------------------------- The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 7 REFERENCE NO.: ZA 94-54 0 �J I }(� �f I am in favor o o sed to u rg�t' q. 1994 ( (ppo(ndecided about) est for the foll�s. n , , /I . SIGNATURE: ADDRESS: The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 94-54 0 bT- UN 9 1994 I am (in favor of) ( posed to) (undecided about) the request for the I J ADDRESS: 1W 4U.4 v.0 !/i'u - �� — -5(, :,,astdi, — _ — - ,.. t , .xat,2x,o<f2a2ata >, — — — — — — — — — — — — — — — — — — — — — — — - �.a — — ., — .. .. ...e<:1�>e . •bt: The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 94-54 oil, D ' I am (in favor of) (opposed to (undecided about) the request for loi' &asq` T !S4 G c .v s T T � A-,j 5;eve -4-G Ye-A4zS + , S T �G� NTc. a r� A n 1 t oF. / AME4.S AT SIGNATURE: ADDRESS: rAL O F ��`�l9 cn�t-c (N[c� [3 4- -, - ti d lit%,'Z C o i- ------------ The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 94-54 U �- ` I am (in favor of) Qopp��to) (undecided about) the request for the following reasons: 10 M0, evA S'U�- CV, ►.tScofvS 0,01r'19,� I YL_ CS(\C�. �•1 SIGNATURE: j ADDRESS: l� 11e toUotriq form tmy be filled taut uod b the City p($p Caowiaioa, 667 North CutWl Aveme, Souddaix, Tern 76 s - tm 7ab REFERENCE NO.: ZA Q4- 0 vr � mue ReqKforr hheblb�ieLt meow SIGNAIVRE ADDRESS: o?OG L 10191 i our June 8, 1994 John E. Janbaz 1302 Plantation Drive Southlake, TX 76092 Planning and Zoning Commission City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 RE: ZA 9545 Dear Commission Members: As homeowners near the proposed Oak Ridge development we are opposed to the medium density housing proposed for this addition. This is an area which is surrounded by minimum one acre lot subdivisions which are some of the nicest and most sought after housing in Southlake. The land use plan adopted less than a year ago categorizes the area for low density housing like the existing neighborhoods. This was a well thought out decision and changing it now just negates any need for a land use plan at all. The streets that will be highly impacted are Peytonville and Shady Oaks. Both are picturesque roads which are already seeing increased traffic and the addition of 163 new residences will make these roads unsafe in their present condition. With the high school at the end of Peytonville and a new elementary school and intermediate school being built on Shady Oaks increased traffic along these streets will create an unsafe condition for children going to and from school. Since we drive Peytonville each day to work we can attest to the fact that there are a lot of high school students using the road and it is already difficult at times to turn onto Peytonville. When we moved to Southlake three years ago we were attracted by its rural atmosphere, quaint cd`untry roads and the "space" which was afforded by one plus acre lots. Even then one acre lots were difficult to find. Now, there are virtually no desirable one acre lots available. There is an excellent market for these properties. Just drive through Cross Timbers and look for "for sale" signs --they don't stay up long. My point is that if this area were to remain sr_ -sw low density and be developed as one acre lots there would be plenty of buyers and it would be an asset to the community. In summary, the proposed zoning would have a negative impact on roads, neighborhoods, and the quality of life in Southlake. If your land use plan is to be effective it should not be altered to appease the interests of developers and real estate agents. Sincerely, Jo E. Janbaz J-laatla -d Hilda S. Janbaz �gy Be 1994 OOT Planning and Zoning Commission Southlake, Texas Re: Rezoning request ZA 94-54 please accept this letter as confirmation of my personal objection to the above mentioned request in its present form. in addition, as the Chair of the SPIN Committee representing neighborhood #11, the area Nlhere the property to be rezoned is located, I have received written requests from the following homeowners to also confirm their oppooition to the rezoning request: Marvin G. Cook 1835 N. Peytonville Ave. Michael & paXela Deese 280 W. Highland St. James & Wanda Glover 600 Garden Ct. Benjamin & Nary Goodman 1700 N. Shady -_oaks. Mike & Jelynn Hall 1255 Shady Oaks. Q71v` Claude & Carol Hutton 1900 Shady Oaks. Jack R. Jones 1250 N. White Chapel. Francis Ann Smith 685 Dove Rd. John & Alan & Karon Burch 1510 Ravenaux Ct. Helen Dickey 415 Ravenaux Dr. Alan & Robin Jones 510 Ravenaux Dr. John & Sharon Lowery 505 Ravenaux Dr. Roger & Lovie Nielkus 525 Ravenaux Dr. Sandra Petering 530 Ravenaux Dr. Please also accept this as gay at the scheduled meeting this of the above residents can be Thank you in advance for your t� gonald ess 420 Ravenaux Dr. 817-488-9407 request to address the Commission evening in order that the concerns beard in a consolidated fashion. consideration. �-p-�'e ItUMNULUUILO, INU. June 8, 1994 Southlake Planning and Zoning Committee Southlake, Tx Subject: ZA-94-95 Re -zoning Request Dear Sirs: As an existing resident and taxpayer, I support the recent and future growth of the city of Southlake. I believe growth is essential to our tax base which leads to the improvement of our community's standard of living, i.e.: roads, schools, parks, police and fire departments. I cannot, however, support the above subject re -zoning request. I am outraged at the subject proposal to over populate the property between Shady Oaks and Peytonville, is even under consideration. I do not support reducing every available Southlake property to 1/2 acre lots with less than 2500 sq. ft. homes. This is especially significant when the surrounding properties and subdivisions are all larger than one acre, most being two acres plus. Additionally, Peytonville Road, and all substreets, cannot handle the additional traffic without widening the streets and completely destroying the beauty of why most of us moved to Southlake. The citizens of Southlake were led to believe this reduction of lot size and home sites over the past few years would be limited to three to four areas. Therefore, I have continually voted for Southlake's growth and increased tax requests. My past support has been based on trust in this committee's ability to listen to the citizens of Southlake and sculpture this area to everyone's hopes and dreams. I trust you will not let the citizens of Southlake down by allowing this re -zoning request. Respectfully, M10 M W Robert J. Williams, Nancy M. Williams l3oo -Pos- - � 220 PARK BLVD., SUITE 112 • GRAPEVINE, TX 76051 (817) 481-7111 • FAX (817) 488-4956 S, /?� Z4/' 27" 76oFi �f1f1l11at1 �v .gym a.0 ♦r ' /Y�6-�J � 1 b4 .� k64 (t ck -S �VLoll ��6� c 4- r7d5 �(c-"j- C�,Y-4 X*u 6-� --L attA, W Clt att a4w� -- �_� 1� _�, ry�� ECG., SF -W 7 A ------------------------------------- The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. C 1 n cc r REFERENCE NO.: ZA 94-54 U a r I am (in favor of) . (opposed to) undecided about) the request for the follows SIGNATURE: ADDRESS: I\ ) -----------------------------------=------------- The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 7609 REFERENCE NO.: ZA 94-54 DOT C I am (in favor o fk (opposed to) (undecided about) the request for the followin) real SIGNATURE: ADDRESS: The following form may be filled out and mailed to the City of Southlake P Commission, 667 North Carroll Avenue, Southlake, Texas 76092. nd Zoning REFERENCE NO.: ZA 94-54 ' I am (in favor of) (o osed to d /l PP ) (undecided about) the equest for the followi e�sp 0 .A. SIGNATURE: ADDRESS: ��p 00dbr00;E�i ,�/ .<: The following form may be filled out and mailed to the City of Southlake Plannin and Commission, 667 North Carroll Avenue, Southlake, Texas 76092. g g REFERENCE NO.: ZA 94-54 I am (in favor of)6�D (undeci ded ided about) the request for the followin -- cgs; 1 � ,2'<<J y-—f,•,�, /f/c C`r/l /ti/1.r i � ,ram /I7�/h' �21 f/ v�. Q� � .✓ k S v CR/Ot�� ay cc ci TO SIGNATURE: ADDRESS: ------- The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 94-54 :() D I ------_--_ --_- •------------- - - - --_ - The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 94-54 �- D IlPnj - JUN 131994 I am (in favor o opposed to) ndecideed about) the request for the follo i /o � SSA %-6 '��, tfiLl_/, oTii1S� T �j1 b 7 /7 i6NLgl� 0�,J -rb /-� K C' SIGNATURE: ADDRESS: %`� � 6 6 L IL V C ZayZ, A public bCssfot wnu oe aala Ql um twa) r as --s -••,• •• •••� �, -- - - — 7@3Q a,M, in the City Coo=U Cbxmbtn at Chy W. At dds dwo. ym MIY mbMIF Y= views oa to moor iA pass by a or by sep-mcn ashl" You are mc4pa[a to IWMWW tbt r�gQdaed a thraQab fznsl *pprotat bccas dumb aro oR side the t view Pam• if ycu fcww of our i d ptopMY awaer Vft tat =7 nMm h" aot sooe3�o� a *Vy of tbh kcmr. tt w add bo p=iy appro*W If 7c'a would imIXm dx= of the thus and Pt" Orhcuiu� - Vety ttv17 7cros, Pti aft MA Zoaft cmmbom City of s*U&wm. Tttas (CUT Ili jj�e fonow►itt totm my be fitlod on o d maned to *a City of Soudbita PLC tmd Zodat Cotmnss M 667 North C mll Avm*. Saak�e. i�rus T q rto.: zA _ t td X� pj ,4h — — -- (CUT NERM - --- - - The toYo..t.s Pots; b. Bkd wt.d ma" m We Chy.t SoaWls H.mos d lad.L C.mmMjM 60 Nob CwM Atsme; So.tW=. Ttm 7MM REFEREPM NO.. 1 tm Out" ow on (WPo!d e1 ! obom) tlm t.q.ett tow the totb.ies SIONA7URE: ADDRESS: L. ------------------- Me tolb.feb tots m y be 6Rd am and died to the Cky of Soodddm M.mmi d Tames `.. Com 9miot4 657 Noah Cm.R Awme. 3m& Tm 7609L / I s. (4 tnow oq (oPPooed wo) .. (dKwod .ww me t.q.mt for the toibrri+i ws.eeK OrSMA77RR• i y / /j�Q j/ ADDRESS: �T A41 e �A. ` JYJ It=` W-�� /190 8 CITY OF SOUTHLAKE NOTICE TO INTERESTED PROPERTY OWNERS REFERENCE NO.: ZA 94-54 Dear Property Owner: An application for an amendment to the Zoning Ordinance and Map has been filed with the City Planning and Zoning Commission. The application is for the property described as: 103.76 acres situated in the T.M. Hood Survey, Abstract 706 being Tracts 1 & 1C IA 1B A 3C. I IB, and Lots 1 & 2. Bradley Addition. The location of the property is West of Shady Oaks Dr. and East of N. Peytonville, South of W. Dove and North of Hwy 1709 The owners of the property are Helen Taylor and Harry J. Bradley and the applicant is Pima Properties, Inc. The current zoning is "AG" Agricultural; the requested zoning is "SF-20A" Single -Family Residential District. The attached concept plan for OakRidge addition will be reviewed with this rezoning application. A public hearing will be beld by the City Planning and Zoning Commission on June 9. 1994 at 7:30 p.m. in the City Council Chambers at City Hall. At this time, you may submit your views on the matter in person, by writing, or by representative. You are encouraged to follow the requested action through final approval because changes are often made during the review process. If you know of any interested property owner who for any reason has not received a copy of this letter, it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake, Texas (CUT HERE) ------------------------------------------ - �� - The following form may be filled out and mailed to the City of SouthZandZomn g Commission, 667 North Carroll Avenue, Southlake, Texas 76092.n REFERENCE NO.: ZA 94-54 1994 I am 4t0/ht of) (opposed to) 'd ) the request f 22 C GAI c- & U i4 N(? „ SIGNATURE: � Cr-� \J J"'"r� ADDRESS: O Conn sS GqA C. 'V1-3 wv 2 L Y W 6,5 aob pn iv C- f�vT-)ALAK.� T ti LO - -A- 02 fA C010 _--n A fjj v.L yr T'kk C- —_Pc aPtE T 10 CAk C-.$ AL V- A e-p,_s ALu�, vt % c- LA- Co ,a c- C c C L-u-m co"a IIA C �To 'JI-C r' k4 L C-C, J'S 1,6, 0 _S A(30yT -T C.O-Vf� TyL y (-I Vt,-s C, A el AV' C C L -7%SA cl JU vj C 1 LA T M so—c- L-Aa-cic itj of" 1-to krj JoPlik L L --- Ivo Vk IN IR City of Southlake, Texas MEMORANDUM June 14, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-56 Rezoning and Site Plan/Parker's Corner Addition Ordinance No. 480-132 REQUESTED ACTION: Rezoning and Site Plan for property legally described as 0.512 acres, being a portion of Lot 5, Parker's Corner Addition LOCATION: Southwest of the corner of F.M. 1709 and Davis Blvd. OWNER: Metzger Dairies, Inc. APPLICANTS: Drews Realty Group, Inc., Tim Vickery, Vice President, and Kwik Industries, Sid Hollingsworth, Agent CURRENT ZONING: "C-2" Local Retail Commercial REQUESTED ZONING: "S-P-1" Detailed Site Plan District to allow a Kwik Lube facility LAND USE CATEGORY: 100 Year Flood Plain and/or Low Density Residential NO. NOTICES SENT: Six (6) RESPONSES: One written response received: * Joseph R. Mantheiy, Lot 4, Parker's Comer, opposed, commented that this will impact Lot 4 to the South. P & Z ACTION: June 9, 1994; Approved (5-0), subject to the first Plan Review Summary dated June 3, 1994. STAFF COMMENTS: The applicant has met all the review comments of the first Plan Review Summary dated June 3, 1994 with the exception of those items addressed in the attached second Plan Review Summary dated June 17, 1994. C A W MMEMO\94CASES\94-56. Z M-li N.imm■ TAP', -I. rj- ., AID • r� LLJ • 1 ' I TR. 20 13. 75 AC �Q J. Martin «C-311 t-- o 2F� tare 01-V as .she S 0,J0 i 2 1 H. Forester ''1 TR 2A4 TR 2A14A .88 AC 1 0 Lr 1 1 / 1 Southlake JV i � � i . �• 1 •I G / OC-304 V-J / 1 I bA O. Collins C TR I 5A` 2A3• TR TA "C"211 �/ 2A 12A A 1A TR 2A1 L "AC" @ 3.63 AC � Ij .46 .4 1 @ @ 1 � 1 TR 2A5 TR 2ASA ` 0 1 o TR 2A i s0 �2A AC TR j �N �e TR 2A TR 2A6 � A <<o Manthei4 G \/ Y 1.+�� j 1.4 AC 1 J. SUa 1� 1 y A 1 I -RE" 1 ii R_ � TR TR 1 1 lE .3 165 i 1 j 1 ADJACENT OWNERS AND ZONING G 1 TR 1C. &391 -3 i I 5.0 AC 2 !� City of Southlake, Texas CASE NO: ZA 94-56 SITE PLAN REVIEW SUMMARY REVIEW NO: TWO DATE OF REVIEW: 06/17/94 PROJECT NAME: Site Plan for S-P-1 Rezoning for Kwik Lube. Being a Portion of Lot 5. Block 1 Parker's Comer Addition OWNER/APPLICANT: Metzger Dairies, Inc. 5400 S. Lamar Dallas, Texas 75215 PHONE: FAX: ENGINEER/PLANNER/ARCHITECT: Kwik Industries 4725 Nall Road Dallas, Texas 75244 PHONE: (214) 458-9761 FAX: '(214) 458-0948 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 06/13/94 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817) 481-5581, EXT. 744. 1. On the Site Data Chart, provide the following: Correct the area of open space = s_f. (i.e. natural ground, bufferyards and landscaped areas). 2. For the existing and proposed building, show the following information: Number of stories = Square footage broken down by use = 3. Label any areas (in addition to the bufferyards) which are intended as grass or natural ground. 4. Note the use of any exterior auditory speakers, if applicable. 5. Label the fire lane adjacent to F.M. 1709 and designate all curb radii. 6. Show spot elevations at the building comer, curb returns, edge of pavement, and drainage paths. Show proposed contours reflecting the proposed grading of the site. 7. Provide a grading plan showing contours at two -foot intervals. 8. Correctly label on the site plan the type of bufferyard along the North. Change the level from 'B' to 'E'. 9. On the "Required Bufferyards" chart, correct the level of bufferyard provided to read as follows: South: 10'-B, East: 10'-B, and West: 10'-B 10. On Note 1, add "Required Interior Landscaping: 140 s.f. of the required ..." * The applicant should be aware that prior to issuance of a building permit, building plans must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee. Water & Sewer Impact and Tap Fees, and related Permit Fees. L� q City of Southlake, Texas * Proposed improvements within State R.O.W. will require TxDOT approval prior to issuance of a building permit. * Although the applicant has provided information regarding the type and location of the proposed sign, please be advised that all signage shall meet the requirements of Ordinance No. 506 and shall require a separate permit. * The applicant should be aware that any revisions made prior to City Council must be received at the City by June 27, 1994. All revised submittal should be folded 6" x 9" and include an 1111 x 17" reduction. * Denotes Informational Comment cc: Metzger Dairies, Inc. Kwik Industries Drews Realty Group, 5440 Harvest Hill Road, Suite 150, Dallas, Texas 75230-1605 cAwpArev\94-56.sp1 � , w a Q T— a W TnW i i3a �.�Iz✓' CCC�GC � " of d �' o 0000d o = I ��av �NNNInNN N K � NN ^�� C� ��C(•• H nna I I Nm K K� U N Y W d $uN 1pyY rtttfuY/]ice HOm'Y SO�O�iNmr.ntlnv WW ri r; rv-ri Vt w dN zow, UwzfsS:1K0 m OJOoO p Y We �/ Y �y$J �}z ti -3i 3" ptpp uN o In. h 'o S>3WaW`fNYY <jd01 N ^r7 �IOm Q J ICJ-<W 2d 7� 7�� O7 ZOKQ W O MW— Zug Z 1a o6t Vf �dodd O10) <zd Ud3 W�QQ E �N W0l d� N INN �gg U G. ORR "o it gv '^ow x ovlW rlGv� NN ii1i;xo om 4'W Qh� N 1.049 °anN m g — _Z'l f : r ACRE DRNN�ACE ESLrt. - Li s • - THE STATE OF TEXAS ¢ Q o K R 6rr o METZGER Jrl>IES. INC. VOL. 9882. PO. 396 aa�> 7� 1 IAI/F.I IIGC� D.R.T.C.T. \ �mz r.3n ' Z - _ _ _ _ _ _ _ _ _ _ _ 1 w ` JZ LLpgm ono �- 7Z Sr n 1 S 5126'34' W 1T0.00" IZJ iO/14 z�N to SAETBAO( la AND _ IQQn n o, � 9XT 02?� Uwp g m¢i mCa I �1 \ f I 24 CROSS ACCtSS I 14 CON I _ Y o - a te jk- o I' '6 - sT ` ��•I � W t � � o:• I �^ I 1 i 1 3 I ZW I b N11 I N INW I r'a O C b N Z bl :J 1lb Iza° I I O V O I 4O1 I1J� 5 Y I ¢ I I = I N ry J I C C G m 0 OG J _ O N 51 26-34- E 65.Oa w � Z s3 F.M. 1709 (SOUTH LAKE BLVD.) � r'� w � z �o 0 (130' R.O.W.) CITY OF 480-132 AN ORDINAWf AMENDING ORDINANCE NO. 480, AS AMENDE , HE COMPREHENSIVE ZONING ORDINANCE OF TH CITY OF SOUTHLAKE, TEXAS; GRANTING A ZON G CHANGE ON A CERTAIN TRACT OR TRACTS OF L WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING ........................................... :......:..::.. :: .:A :}..':.:.; .:.:.. is ... :.vv:::.. v:.:.w..::: n..... ,C.................•y ......: \..... }. vv::':':i.'f�:h:•:•}'i�::::::�:??w::::r�::::::::.r,:;::�v�•::••':••:::�•.•:••:••:•::ff:: MY v:::{?':.•.v:::.t^:::i•:S?`Lv{?w:uv:.?vi:•r.?•.....................•..?•.....!.?:}:?{•}:•}: i.}:•}::.:\fY%•::{v.v }.. a.. nvv AND MORE FULLY AND COMPLETELY DESCRIBED IN v EXHIBIT "A" FROM '° t`3G+.:.......: }: ".:{: .}•v:.:r?.. ..:•v.•v. .• vv '?.... .... :v: ?:::j4:t:}:::j:::i:::::isifi::i::ii'r::iiSi::i::::i}Y.{is}:•}:•:?•}}}}iYi-:•}} .'_01 ' TO<":.' ':*:: 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 I THE OFFICIAL NEWSPAPER; AND PROVIDING A FECTIVE DATE. WHE the City of Southlake, Tex s a home rule City acting un r its Charter adopted by the elector ursuant to Art' , Section 5 of the Texas Constituti n and Chapter 9 of the Texas Local Govenunen ode; 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 e hereinafter described property is currently zoned as : � � � under the Ci 's Comprehensive Zoning Ordinance; ................................................... tY P g and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and C: \ORMZONING\480.132 Page 1 damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: C:\ORD\ZONING\480.132 (/ Page 2 �C : — X Being ..................�;;�::::.:::::.:.::.::::::::::::�.::::::::::::::.::::::::::::::::::::::::::::: and more fully and comple:tely described in Exhibit A attached hereto and incorporated herein, from to " i#:Dts ttti€cfi`azt#it ax:: 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 C:\ORD\ZONING\480.132 Page 3 ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY CAORMZONiNG\480.132 Page 4_ _I APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C AORMZONING\480.132 Page 5 �� EXHIBIT "A" IM LEGAL DESCRIPTION LOT 5R3 PARKER'S CORNER BRING 0.512 acre tract of land located in the JESSIE G. ALLzN SURVEY, Abstract No. 18, Tarrant County, Texas, being a portion of Lot 5, Parker's Corner Addition to the City of Southlake, Tarrant County, Texas according to the plat recorded in Volume 388-150, page 49 of the Plat Records of Tarrant County, Texas being more particularly described by metes and bounds as follows: COIMNCING at a point in the East boundary line of said Lot 'S, Parker's Corner Addition and the South right-of-way line of Southlake Boulevard (F.X. Road No. 1709, a 130-toot width right- of-way) ; THENCE S 51'26134"W, along the South right-of-way line of said Southlake Boulevard, 113.86 feat to the PLACE OF BEGINNING: THENCE S 38.33'26"E, 210.03 feet to a point in the North line of a 1.049 acre Drainage Easement recorded in Volume 9882, page 396, Deed Records of Tarrant County, Texas: THENCE S 51.26.34"W, 110.00 feet along said easement: THENCE N 38'33'26nW, 144.43 feet to a point: THENCE N 17.41'44"W, 70.20 feet to a point in the South right-cf- way line of Southlake Boulevard (P.H. Road 1709): THENCE N 51'26'34"E, 85.00 feet along said right-of-way to the PLACE OF BEGINNING, containing 0.512 acre (28,523 square feet) of land. C:\0RD\Z0NING\480.132 Page 6 3C=-(-- EXHIBIT "B" IR CA0RJ Paga 7 z d W¢ ¢ I Q S U I3•�. In Z =O n ry CCtCC C o p o Z �W oR , W �1 ISM �✓.NN�10/•N VOi K � NVI c✓= I V. -0 ONIo _!o z u TuAgg 1 ,- ;$� o O d ~ J (p� �Gfioo U 1�WgYUy U W • , a!' J� S•r�WaW�g«zaq I/1$x �o� 1orol«aO��mON� 0 0, l7tdd�aQ x mm <�IOiw3CZ �3; 0 _ a J rnmi, o' - F O r p < O - v+°j« nN 1.049 ACRE ORNWGE ESY1. F ' THE STATE OF TEXAS I+CTZGeP pPR'C j, R1C- VOL. 9E62. PC. 326 _.....D.R.T.0 T. Z m O I. - - - _ _ _ _ _ _ _ _ _ 444 1 m o o01 n xo� Y E4- 6 ? S 51 %'34- W /10.00" W W a 10• SAETd-O( 1WtZ4 $ u z m¢_W mJ4 F.I. 1709 (SOUTH LAKE BLVD.) (130' R.O.W.) I b (o I o I o E t0 N N O Z a i U _Z, 't'` OOZ yyu dY �y0� owl g6 Pit IN Im City of Southlake, Texas MEMORANDUM June 14, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-57 Plat Revision/Parker's Corner Addition REQUESTED ACTION: Plat Revision of Lot 5, Parker's Corner Addition, being 3.570 acres of land situated in the Jessie G. Allen Survey, Abstract No. 18, and being revised to Lots 5R1, 5R2, 5R3 and 5R4, Parker's Comer Addition LOCATION: Southwest of the comer of F.M. 1709 and Davis Blvd. OWNER: Metzger Dairies, Inc. APPLICANT: Wier & Associates, Inc., Rea Stevenson, Agent CURRENT ZONING: "C-2" Local Retail Commercial REQUESTED ZONING: "S-P-l" Site Plan District LAND USE CATEGORY: 100 Year Flood Plain and/or Low Density Residential NO. NOTICES SENT: One (1) RESPONSES: One written response received: * Joseph R. Mantheiy, Lot 4, Parker's Corner, opposed, commented that this will impact Lot 4 to the South. P & Z ACTION: June 9, 1994; Approved (5-0), subject to the first Plat Review Summary dated June 3, 1994. STAFF COMMENTS: The applicant has met all the review comments of the first Plat Review Summary dated June 3, 1994 with the exception of those items addressed in the attached second Plat Review Summary dated June 17, 1994. 0� KPG/bls C AW PF \MEMO\94CAS ES\94-57. PR J -' EM A\ 0 i 11 Ld TR. 20 . 13.75 AC � �P J. Martin • "C 3" ' {a� 'mil o{,veos . -tre State v- ,.. 2 1 H. Forester "AG" TR 2A4 TR 2A14A C; J ` - 1 1 IAC \ / :r: 1 Southlake JV 1 b O. Collins _ TR I :5X ; 2A3 TR TR 2A I24 3A !A TR 2A1 "AG" 3.63 AC I @� @ I .. „ � TR 2A5 TR 2ASA "RE" � 0 I 0 1 TR 2A .50 L AC TR 149 TR 2A I JY G QV YI I@ !.�� TR 2-A6 i 1.4 AC 4 S 1 A/ J. Manthei 1 ICJ 1 R ` 1 TR TR 1 1 1E .3 115 1 I 1 .1 1 I I ADJACENT OWNERS AND ZONING (j I TR 1c. 5.0 AC 2 !I City of Southlake, Texas PLAT REVIEW SUMMARY Case No: ZA 94-57 Review No: TWO Date of Review: 06/17/94 Project Name: Plat Revision - Los 5R 1 5R2 5R3 & 5R4 Par ker's Comer OWNER/APPLICANT: ENGINEER/SURVEYOR: Metzger Dairies, Inc. Wier & Associates, Inc. 5400 S. Lamar St. 4300 Beltway Place Dallas, Texas 75215-5100 Suite 130 PHONE: (214) 426-5446 FAX: Arlington, Texas 76018 PHONE: (817) 467-7700 FAX: (817) 465-7482 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/13/94 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. Please change the legal description of the property to " i i a portion of Lot 5... " and amend the title of the plat accordingly. * Staff has not required the 50' building setback line along the "old" F.M. 1938 due to the intended abandonment of the R.O.W. Should the abandonment not take place for some reason, a building line in accordance with the zoning would be required. * We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements and finish floor elevations. Minimum finish floor elevations may be required on the following lots pending review of construction plans : Lots 5R1-5R4. * All taxes due must be paid prior to filing this plat in the County records. * Original signatures and seals will be required on each blackline mylar prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. * Denotes Informational Comment cc: Metzger Dairies Wier & Associates r � �aro anvm xa. •ar avwKw •rr •i aroma -•, � ..r •� j S H -S- lad yy a , $ a 0 Cat Fo � � Jilt a alp 3 O IN Vllr VI VV41111Cx W1 IGACLO MEMORANDUM June 14, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-58 Specific Use Permit/Equestrian Uses Resolution No. 94-28 REQUESTED ACTION: Specific Use Permit and Concept Plan for equestrian uses per Ordinance 480, Section 45.1, #18, to allow equestrian uses on 3.953 acres situated in the Thomas M. Hood Survey, Abstract No. 706, Tracts 8F, 8G, and 8G1 The Applicant Requests a 35-Year Permit LOCATION: 480 W. Highland St. OWNERS/APPLICANTS: Robert & Marylyn Seebeck and Doreen Seebeck d\b\a Ride with Pride CURRENT ZONING: °AG" Agricultural LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Nine (9) RESPONSES: Written responses received: * Pam Deese, 280 W. Highland, in favor. * Timothy Raley, 440 W. Highland, in favor. * Bert & Helga Yetman, 459 W. Highland, in favor. * Ted, Carolyn & Tod Dillingham, 1050 Wildwood Lane, in favor. * Martin O'Connor, 2965 Burney Lane, in favor. * Richard Wilhelm, 1300 Woodbrook Lane, in favor. * Martha Jones, 510 Ravenaux, in favor. * Petition of Southlake parents of students participating in the "Ride With Pride" horsemanship program, all in favor. One written response received opposed: * Glenis Davidson, 479 W. Highland, she is opposed to the operation of a business across from her home and all of the associated traffic. City of Southlake, Texas P & Z ACTION: June 9, 1994; Approved (5-0), subject to the first Plan Review Summary dated June 3, 1994 recommending the elimination of item #6 (24 fire lane within 150 of furthest point to all buildings), and providing for a 10 year permit pending Council's approval on June 21, 1994. STAFF COMMENTS: The applicant has met all the review comments of the first Plan Review Summary dated June 3, 1994 with the exception of those items addressed in the attached second Plan Review Summary dated June 17, 1994. This property is currently operating under a Specific Use Permit approved in 6/87 for ten years. KPG/bls Q, I CAWPF\MEM0\94CASES\94-58.SUP June 8, 1994 �� Mrs. Karen Gandy Southlake City Hall 667 N. Carroll Ave. Southlake, Tx 76092 Dear Karen, I am writing to request the renewal of our Equestrian Special Use Permit for Ride With Pride. Inc. I began teaching the neighborhood children here in Southlake 14 years ago. Over the years, children and horses have become a part of my life. My career with horses has been a gift given to me by my parents. Without them there would be no horseback riding school. My husband and I just built the Animal Healthcare Clinic of Southlake on FM 1709. We would like to live and work in Southlake for years to come. SC-thethlake is growing so fast, that I'm afraid horses will be on the nction list by the year 2000. I plan on teaching children about horses rest of my life, and would like to do so in Southlake on 480 West Highland Street. Please consider issuing a 35 year non-transferrable Equestrian Special Use Permit to the Ride With Pride, Inc. Horsemanship School, Doreen Bruton and Robert Seebeck. Thank you for your consideration. Sincerely, 1DOV ►._ Doreen L. Bruton, President Horsemanship Safety Instructor Ride With Pride, Inc. ZAq `4-S E lJ Date: June 2, 1994 To: Neighbors to Ride With Pride. Inc. From: Doreen L. Bruton. President Subject: Equestrian Special Use Permit Renewal SUN 8 1994 We the undersigned respectfully request the issuance of the renewal of Ride With Pride, Inc. Equestrian Special Use Permit. Whereas Ride With Pride, Inc. has been an important part of the Southlake lifestyle. Whereas Ride With Pride. Inc. has contributed to the well being of our children and young adults in Southlake. Whereas Southlake prides itself on having a rural lifestyle. We understand that the Special Use Permit for Ride With Pride. Inc. is up for renewal. The loss of the permit would be a significant reversal of this city's philosophy. We the undersigned petition the PlanninE' and Zoning' Commission and the City Council to renew the Equestrian Special Use Permit for Ride With Pride, Inc. (W Ride With Pride. Inc. hours of operation are seasonal: Summer - 7:00 am to Noon Weekdays No Saturday Classes Fall - 2:00 pm to 7:00 pm Weekdays & Sat. 8am-Noon *Winter - 2:00 pm to 6:00 pm Weekdays & Sat. 8am-Noon Spring - 2:00 pm to 7:00 pm Weekdays & Sa.t. Ram -Noon *Arena Lights are usually needed for the 5:00 eveninr� classes for the Winter Session. They are turned off by 7:00 p.m. Each session (4 times per year) we invite the students and their parents to attend a Playday. We have them on a Saturday afternoon, no parking is allowed on the streets and a police officer is hired to supervise the traffic. A PA system is in use during the PlaydaN,. All students and their families are gone by 6:00 pm. If you would like to hear more about the Special Use Permit, you can attend the meetinas on June 9th and June 2tst or call Southlake City- Hall. Nct'rnc, Addre,s5 Alta 7- 000/f o,✓ E,sf Sic✓B N.. �� lkloollo�l �l i35i ��oe�00 o 2-Eo b , ton i�,, H,ShbnJ, 5ot t44k-f -(6ov-- S Zo ,-,ve-- IqP�*e I Cl � -q kc, ---- par)g6urn W ;AK D e- C,5 CCke\ 11 Hcord 7y DCIV - SDI\ rno 7:0 Y- e-, -I fy\o!s s L ("Avo Sr- S- 8 1994 (CUT HERE) ---------------------------------------------------------- The following forra may be filled out and mailed to the City of Southlake Plannin ning Commission , 667 North Carroll Avenue, Southlake, Texas 76092. n.1,ng REFERENCE NO.: ZA 94-58 A& follo I am (in favor of) (opposed to) (undecided about) the request for the follo euVs: A) SIGNATURE: ADDRESS: I ST- - (.c rm. I =rmirmilk 1r, Go I AM OPPOSED TO THE REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW EQUESTRIAN USES AT 480 W. HIGHLAND STREET FOR THE FOLLOWING: #1. I LIVE DIRECTLY ACROSS FROM THE FACILITY. I AM THE ONE WHO GETS ALL OF THE OVERFLOW PARKING WHICH THEY CANNOT ACCOMODATE. IT IS MY PROPERTY THAT SOUTHLAKE POLICE OFFICERS PARK IN FRONT OF WITH LIGHTS FLASHING AND ANOTHER OFFICER STANDING FURTHER DOWN IN AN ORANGE CROSSING VEST DIRECTING TRAFFIC AT THEIR FUNCTIONS. SOMETIMES PILONS HAVE BEEN SET IN THE MIDDLE OF THE STREET AS WELL TO SLOW DOWN ON -COMING TRAFFIC. I FIND THIS VERY ANNOYING IN A RESIDENTIAL AREA, ESPECIALLY IN FRONT OF MY HOME. #2 OUR TRAFFIC SITUATION IN THE AREA AND ESPECIALLY ON HIGHLAND, HAS CONTINUED TO INCREASE AT A TERRIFIC PACE WITH THE NEW HIGH SCHOOL AND BUILDING GROWTH OF NEW HOMES. HIGHLAND IS USED AS A SHORT CUT TO THE NEW HIGH SCHOOL INSTEAD OF GOING ON DOWN TO #1709. IT HAS BECOME A DANGEROUS ENDEAVOR TO PULL OUT OF MY OWN DRIVE -WAY BECAUSE OF THE SPEEDS AND NUMBER OF VEHICLES. IT CAN BE VERY UNSAFE TO MOW OR WEED EAT ON THE PARKWAY IN FRONT OF MY HOME FOR THIS VERY REASON. TRAFFIC WILL BECOME EVEN WORSE WITH THE CONSTRUCTION OF THE NEW ELEMENTARY SCHOOL ON SHADY OAKS. THE GOING AND COMING ACROSS CONTINUES ALL DAY WITH PARENTS DROPPING OFF AND PICKING UP. #3. THESE PEOPLE HAVE BEEN OPERATING A BUSINESS THERE FOR ALL (to, THESE YEARS, AS I AM SURE YOU ARE AWARE OF. AT ONE TIME THE STUDENT COUNT FOR RIDING LESSONS WAS EXPECTED TO BE 75 TO 100 PER WEEK IN SUMMER, LESS IN WINTER. THEY ALSO BOARD HORSES. YET, THEY STILL PAY ONLY RESIDENTIAL PROPERTY TAXES. WITH THE PROPERTY CO -OWNED, I AM SURE THEIR TAX BURDEN IS NOT NEARLY AS GREAT AS MINE. THE DAUGHTER IS MARRIED AND NO LONGER LIVES THERE BUT CONTINUES THE BUSINESS AS A SOURCE OF REVENUE & IN- COME. MY TAX LIABILITY IS IN EXCESS OF $500. PER MONTH. BY THE TIME I CAN RETIRE, I CAN' AFFORD TO LIVE IN A PAID FOR HOME. THE TAXES WILL BE MORE THAN ANOTHER HOUSE PAYMENT. #4. WHY IS THIS PERMIT BEING RENEWED 1 & 1/2 YRS. EARLY? HOW MANY YEARS IS THIS PERMIT GOOD FOR? COULD IT HAVE SOMETHING TO DO WITH THE NEW SCHOOL AND ZONING ORDINANCES? SOMETHING IS "STRANGE". I THOUGHT THIS LOW DENSITY RESIDENTIAL? I HAVE LIVED HERE FOR THE PAST 12 YRS. IF THIS IS ALLOWED TO CONTINUE, AS A TAX PAYOR, I DO HAVE THE RIGHT TO SOME CONSIDERATION. I AM 60 YRS OLD, GO TO WORK EVERY DAY AT A LEGITIMATE JOB, PAY MY SHARE OF TAXES. LET THEM PAY THEIR'S FOR BUSINESS USE THAT AFFORDS THEM=>THE OPPORTUNITY TO LIVE OFF THE LAND AND STAY HOME. ATTOAAM k COUASCLOAS MVNSCH HARDT KQh F HARD & DIiNAN A PRor[sSiONAL Go RVORAtiOw ZA4(4- 5e-(' June 8, 19% UA F CSIlfulp- The Honorable Gary 1~ickes Mayor qty of Sout "Im 667 North Carroll Ave. Southlake, TX 75M j R$- Special Use Permit j Ride With Pride i Dear Gary: 4000 FoVNTAIN PEE I"S Ross AVENUE OAL—. TEUS 75202-2790 TELCPiioAE (2143 855-75M TELLCOPiEit (8141 855-7584 WJUTER'f GiRECT DIAL �1a)856.75s2 I understand that a renewal of the referenced permit is to come before the Planning and Zoning Commission on Thursday, June 9, and before the City Council an Tuesday, June 21. 1 am -writing this letter to express my views briefly on this issue. My daughter, Traci, has been involved with the Ride With Pride program almost since family moved into Southlake. She learned how to ride in the programs offered at the scliool and has now taken that to being a member of the Carroll I R& School Rodeo Team — an j opportunity that would not have been present without the fnvolvement and encouragement of the owner of the school, Doreen Bruton. Traci is also giving back to the community. Because of this program, she is "working" at the school during the summer, teaching young area children about horsemanship and the cleaning and caring of horses. Through Doreen's Programs, Traci has gained a great sense of responsibility not Daly herself, but for her horse. She and the other students have gained enormously from Ride With Pride and not only she but the community would lose a great inliuence on young ch*ren if this program was to terminate_ I urge you to consider voting in favor of granting the permit for an extended time period. Thank you for your consideration. Very you, Richard W. Wilhelm 2o'd -Td-Lol ll)oreen Bruton Members of the City cowc;ff Members Of the Plaguing and ZoniM Comrals- i n ' D 1994 0 ate: May 28. 1994 To: All Ride With Pride, Inc. Parents From: Doreen L. Bruton, President Subject: Equestrian Special Use Permit Renewal We the undersigned repectfully request the issuance of the renewal of Ride With Pride, Inc. Equestrian Special Use Permit. Whereas Ride With Pride. Inc. has been an important part of the Southlake lifestyle. Whereas Ride With Pride, Inc. has contributed to the well being of our children and young adults in Southlake. Whereas Southlake prides itself on having a rural lifestyle. Whereas Ride With Pride. Inc. not only Fives a sense of values to its' students. Ride with Pride. Inc. also promotes responsibility and builds self esteem. We understand that the Special Use Permit for Ride With Pride.• Inc. is up for renewal. The loss of the permit would be a significant reversal of this city's philosophy. We the undersigned petition the Planing and Zoning Commission and the City Council to renew the Equestrian Special Use Permit for Ride With Pride. Inc. Address spa i�rAll� 7c/05� 7 G gd A-L-L -7( (v� qt_ to =qe I X Lf 6-q O Occ� �,rl �',` �� . «e 7(c"rz /,FOy 7wl0S/ �6 a9z J� /� Atom( �� '-7 MIN 9 / (I KICS�S C7` Soc�d�_ 7 6 -j 5 *�-- f E t-D CT � j v w"a-e- Vlil, "; 6 C), IWO. �l C�?9465 04" hod Ala 17 ocow*w Gr 7s 490 SoAkQ �bA Cos N40 Gv O W l lc\ 1c�cA L v, L -1 Co b'l-2— V.. •icy �`_ '�!7 ' �(.-`'� C.c/ ` � �l.J %� 6o lc>e17 y y Jane 8, 1994 Dear Karen : Southlake Zoning Commission We are writing in support of the continuance of the "Ride with Pride" (RWP) equestrian school. My son has been a student at RWP since March of 1993, only 2 months after our original arrival in Texas and Southlake. We selected Southlake based upon the balanced character of the community, embodying both Texas traditional and progressive elements. We feel that riding schools add a quality element to the community and find growth and modernization are not inconsistent with the presence of riding schools, they are instead complimentary with the depth of educational opportunity afforded by Southlake. In fact, riding schools provide a positive outlet for our communities youth with an established track record to overcome drug & gang influences. The "Ride with Pride" equestrian school provides one of the few businesses within Southlake to provide such a positive youth opportunity. Doreen Bruton's school supports the development of commitment, responsibility, and self worth. The school provides a safe, clean, and progressive environment and also promotes a caring & aware relationship with the animals. The school provides a progressive image for the community. We support the long term continuance of the "Ride with Pride" equestrian school as a valuable contributor to our community. Respectfully, Ted, Carolyn and Tod Dillingham 1050 Wild Wood Lane Southlake, Texas 1�r-[3 R rnr� r LtjLI I L .� 9 q- 5� Mary and Martin O'Connor 2965 Burney Lane Southlake Tx. 76092 To: City of Southlake Zoning and Planning Commission We are writing to you regarding the request made by Doreen Bruton to continue operating her school, Ride With Pride. We support Doreen's petition and would be present at the meeting tonight if prior commitments had not been made. Our 6 year old daughter has been a student for a year and our son will enroll soon. Doreen provides a safety conscious program that not only teaches horsemanship but instills a sense of pride and accomplishment in her students. She is an excellent role model for our youth, exemplifying an entrepreneurial spirit and the benefits of hard work. The kind of person that strong, stable, family orientated communities need. We moved to Southlake because of the rural atmosphere and are becoming more and more concemed with the rapid growth of huge housing developments that destroy the natural beauty of this community by building houses one on top of each other. We question the wisdom of the Commission and Council in allowing this type of growth while making it so difficult for a long standing member of the community to continue to doing business. The type of small business we so desperately need in Southlake. The concerns that have been presented seem weak in comparison to the value Ride with Pride bring to the community. Traffic: The people who drive to and from Ride with Pride are carrying our most valued and treasured cargo, our Children. We are probably the most unlikely candidates for speeding or reckless driving. Doreens class sizes are very small and are staggered on the hour. The traffic impact seems minimal compared to the impact these large housing developments place on our streets. Fire: Doreen has operated this business for several years without incident Anyone who is familar with her stable mangement knows how dedicated she and her staff are to maintaining the property with regards to safety and cleanliness. Requiring a paved fire lane seems ovenEactive and cost prohibitive. We will continue to support Doreen in her efforts to operate the Ride With Pride School. And ask the Commission and Council to vote in favor of extending the permit without demanding costly upgrades that could force Doreen to abandon her operation. Respectfully Martin �dMary O'Connor cc: Doreen Bruton sr4 JUNE 9, 1994 CITY OF SOUTHLAKE PLANNING & ZONING COMMITTEE 667 NORTH CARROLL AVE. SOUTHLAKE, TX 76092 TO WHOM IT MAY CONCERN: r9JUN94 .; I AM WRITING TO EXPRESS MY SUPPORT FOR THE SPECIAL USE PERMIT REQUESTED BY "RIDE WITH PRIDE" ON HIGHLAND AVENUE. I USE HIGHLAND AVENUE FOUR TO SIX TIMES PER DAY ON MY WAY TO AND FROM MY HOME, AND HAVE NEVER ENCOUNTERED A PROBLEM WITH TRAFFIC AS A RESULT OF THE FACILITY. TO THE CONTRARY, I FIND THAT THE PARENTS WHO DROP-OFF AND PICK-UP ARE EXTRA CAUTIOUS AND COURTEOUS WHEN ON HIGHLAND AVENUE. THE EQUESTRIAN CENTER AT RIDE WITH PRIDE, IS A VALUABLE ADDITION TO OUR NEIGHBORHOOD. IT REPRESENTS WHAT PEOPLE LOVE SO MUCH ABOUT LIVING IN A COMMUNITY LIKE SOUTHLAKE. THE HORSES RIDE THE TRAIL DAILY BEHIND OUR SUBDIVISION, AND IT GIVES ME GREAT PLEASURE NOT ONLY TO WATCH THEM, BUT TO SIM THE DELIGHT ON VISITORS' FACES WHEN THEY SEE HOW UNIQUE OUR NEIGHBORHOOD IS BECAUSE OF THEM. TO DENY THE SPECIAL USE PERMIT REQUESTED WOULD BE TO KILL ONE MORE UNIQUE FEATURE OF OUR COMMUNITY. WITH THE RAPID BUILDING AND EXPANSION CURRENTLY TAILING PLACE IN SOUTHLAKE, THE PRESERVATION OF WHAT HAS MADE US SO SPECIAL SHOULD BE CAREFULLY CONSIDERED. A GREAT PORTION OF SOUTHLAKE'S CHARACTER WILL BE GONE FOREVER SHOULD "RIDE WITH PRIDE" CEASE TO EXIST. PLEASE CONSIDER THE IMPORTANCE OF THIS SOUTHLAKE TRADITION AND THE MANY CHILDREN WHO HAVE GROWN UP WITH IT. DO NOT ALLOW THE COMPLAINTIVE NATURE OF ONE OR TWO, DESTROY THE PLEASURE AND FASCINATION OF SO MANY. YOU WILL DO A GREAT SERVICE TO OUR CITY BY GRANTING THE SPECIAL USE PERMIT REQUEST. THANK YOU FOR YOUR CONSIDERATION. VERY TRULY YOURS, MAR HA S. JONE 510 RAVENAUX The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southl'ake, Texas 76092. REFERENCE NO.: ZA 94-58 I am (in favor of) (opposed to) (undecided about) the request fr��,jmng reasons: �9y4 �-I A1QA1- T L e5 12 SIGNATURE: G ADDRESS: �% GUI ', ,�L 1�T- l co t` May 27, 1994� City of Southlake 667 N. Carroll Ave. Southlake, Tx 76092 Attn: Ms. Karen Gandy Dear Ms. Gandy, It is my understanding that Ride With Pride, located on West Highland, seeks to renew their permit to do business in the city of Southlake. I would like to express my strong desire that Ride With Pride continue operations in our city, for the following reasons: Ride With Pride is a business paying taxes in the City of Southlake. Over and over, I hear that we as a city need much more business tax revenue, and should encourage business development. If this is truly a concern of the city, then we definitely need to keep the businesses we've already got. Ride With Pride provides a service that many residents of Southlake enjoy. Each semester, over 100 students take lessons at this facility. Many of Southlake's residents live here because of the "country" atmosphere. I talk to so many people who speak of the quality of life in Southlake. Having greenspace, places to ride, and opportunities to participate in family horsemanship (such as the periodic Playdays sponsored by Ride With Pride) means a lot to these folks. Ride With Pride provides a positive work experience for many of Southlake's teens through the Wrangler program. Young people may volunteer to carry out duties of the stable, such as caring for the horses, helping out students, etc. This contributes to their self-esteem, teaches them responsibility and team spirit, and gives them an opportunity to be with others their age in a supervised program. These kids, many of whom are Southlake residents, also get to enjoy periodic camping trips and special occasions that the owner, Doreen Bruton, arranges for them. Ride With Pride is an unobtrusive neighbor. Up until 2 years ago, I didn't even know it was there. I still would not have known if I had not made the acquaintance of the owner. I have lived here for 5 years. I have not seen extreme traffic, dangerous drivers, or been annoyed in any way by the organization. Ride With Pride is a place I would like to send my child to when he gets older. I have visited the school several times and have always found it to be clean and well -managed. There is a strong emphasis on safety and on learning good horsemanship. The animals are well -cared for. My son is only two right now, but he loves to visit and see the horses, goats, and chickens. He will definitely be attending the school when he turns five (provided, of course, he is still interested — and I'll bet he is!) I would be awfully sorry if the school weren't there when it's his turn. Thank you for your consideration in this matter. If you have any questions, please feel free to call me at home (488-1265) or at work (589-1212). incerely Pam Deese 280 W. Highland Southlake, Tx 76092 fir- I-+ MK,.RC Ta>> AIMMIIII1\! W., 1 3 4 �'9 Q �11CC Fs . 5 ... 6 7 8 9 TR 8J 4.69 AC $ 1 127a 11 A GAL, j W Z M H Group Inc. RNE U 2A "SF-1 A" / 2B1 1 A �j T. Raley CaE p " QNOus TR BF1 PS, �E`� s 2.0 @ e!5 "AG" J. Kuelbs "SF -IA" n � FZ 9G v VENA �A B 336 2 12.626 @ Edwin Cole Ministries "S P-2" aw K. Z) A so t00 1 "AG" B S1, 1� 1 .95 F TR 80 2 a J. Passmore 6.25 AC 163 TR TR T. Seaborn ti 802 801 1 TR 8E a a a $ 1.0 AC R 8 .82 .92 C " «. C AC AC "AG" "0 285 fb b loo as HIUHLANU _T 100 No In e: !•• f]7 zoo A4A R \ J. Ramsey 'SF -IA" "AG" B. Yetman a TR 8A5 TR BA5A I „AG„ I "AG" .69 @ .66 AC }� TR 8A14 I I\ G. Davidson A6Ae a 1.15 A ADJACENT OWNERS TR BABA AC " \ AND ZONING TR AC 3.0 ; City of Southlake, Texas EPT PLAN REVIEW SUMMARY ,CASE NO: ZA 94-58 REVIEW NO: TWO DATE OF REVIEW: 06/17/94 PROJECT NAME: Concept Plan for Specific Use Permit Request for Equestrian Uses being 3.953 acres situated in the Thomas Hood Surve Abstract No. 706 Tracts 3F 3G 3G1 and OWNER/APPLICANT: Robert & Marvlvn Seebeck and Doreen Seebeck 480 West Highland Street Southlake Texas 76092 ENGINEER/PLANNER/ARCHITECT: Goodwin and Marshall Inc. 6001 Bride Street Suite 100 Fort Worth Texas 76112 PHONE: '817) 429-4373 FAX: (8171446-3116 CITY STAFF HAS RECEIVED TH ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 06/14/94 AND WE OFFER THE FOLLOWING STIP ATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN DY AT 17) 481-5581, EXT. 743.Ak * v v - - v - I Staff has been made aware that the fire department will require a 6" minimum water line and fire hydrant to within 500' of all buildings. * Denotes Informational Comment cc: Goodwin and Marshall, Inc. Robert & Marylyn Seebeck Doreen Seebeck st-4rj fig �j tt u 1. its8 a a iM rt Q a sro¢.ee N 4 I i 0 � �b .4� I¢~m C0`* Fr au M £xw M W Z►f0E QYOi 1tN—IIOO�tH81tS QNY7SDIS }� vi i rit RESOLUTION NO. 94-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR EQUESTRIAN USES FOR THE LOCATION DESCRIBED AS 3.953 ACRES SITUATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, TRACTS 8F, 8G, AND 8G1, AND MORE COMMONLY KNOWN AS 480 W. HIGHLAND STREET; AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"; CURRENT ZONING IS "AG" AGRICULTURAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for Equestrian uses has been requested by a person or corporation having a proprietary interest in the property described in Exhibit "A" attached hereto; and, WHEREAS, in accordance with the requirements of Section 45.1 (18) of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1 A Specific Use Permit is hereby granted for Equestrian uses on the property described in Exhibit "A" attached hereto, subject to the provisions contained in the comprehensive zoning ordinance, the restrictions set forth herein, and the approved Concept Plan attached hereto and incorporated herein as Exhibit "B. " The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1. 2. 3. 4. 5. '61-da Resolution No. 94-28 Page 2 SECTION 2 This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS THE DAY OF , 1994. ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas C AW PF\RES-ORD\94-28.SUP '�r -a3 CITY OF SOUTHLAKE LN Gary Fickes, Mayor EXHIBIT "A" BEGNMNG at a 1/2" iron pin set on the North right-of-way line of Highland Street (County Road 3034). said pin also being the Southwest property corner of a tract of land conveyed to Jerry and Bernice Passmore recorded in Vokxne 1325. Page 748 of the Deed Records of Tarrant County. Texas: THENCE S 89'30'49" W donq the North right-of-way ine of said Highland Street. 26LOO feet to a 1/2' iron Pin set at the Southeast property corner of a tract oT land conveyed to Timothy Raley and Jerre Bohan as recorded inVokxne 9939. Page 1575 of the Deed Records of Tarrant County. Texas: THENCE N 00'20'00" W dong the East ine of said Raley and Bohort tract. 659.70 feet to a 5/8' iron pin found on the South property line of the Burnett Acres Addtto, as recorded n Vokxne 388-14. Page 894 of the Plat Records of Tarrant County. Texas: THENCE N 89030'45" E olohg the South ine of said Burnett Acres Addition. 26LOO feet to a 5/8' iron pin found at the Northwest property corner of a tract of land conveyed to Robert Seoborn as recorded in Vol me 2049. Page 631 of the Deed Records of Tarrant County. Texas: THENCE S 00'20'00" E. 659.70 feet to the PONT OF BECNIM and contoining 172J73 square feet or 3.953 acres of land. Resolution No. 94-28 Page 3 EXHIBIT B Resolution No Page 4 i ;`� jai � ��j�' �.�� A r flell tij fill, 1j, 111 11b elf! 1 -- idol flk it) rt DOW 3 SIOCAO N S S 00, 0, A, 0- H .9 1 F-oil It—coc avoi- A—,K—n—O3TfwF1fq —amVIN611. 94-28 t U 113 pM 1 0 MI O City of Southlake, Texas MEMORANDUM June 17, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-N, First Reading, Nonconforming Uses and Amortization Procedures Attached please find Ordinance No. 480-N, revisions to the zoning ordinance recommended by the City Attorney's office to address nonconforming uses and structures and the amortization of these nonconforming uses. In addition to the completed ordinance, I have attached to this memorandum the recommended changes. The redline and strikeout method was used to assist you. Note that the City Attorney has added new Sections 6.9. 6 10 and 6.11 which address: discontinuance or abandonment of nonconforming uses destruction of nonconforming uses and amortization of nonconforming uses. respectively. Note also that they have added new paragraphs under Section 44.3. "Powers and Duties" of the Board of Adjustment authorizing them to amortize nonconforming uses when deemed appropriate. As you recall in our discussions of the Land Use Plan, several nonconforming uses were noted throughout the City. In due time, the Board may choose to amortize such nonconforming uses in order to promote the public welfare and to conserve, preserve and protect surrounding properties and their values (after giving consideration for the property rights of the person or persons affected). On June 9, 1994, the Planning and Zoning Commission recommended approval of these recommended changes with a (5-0) vote. Should you have questions regarding these recommended changes, please call me at extension 743. M& KPG N W 6.4 NONCONFORMING USES OF LAND - Where, at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: a. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance; No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance; d. No additional �g not conforming to the requirements of this ordriance' shall be erected in connection with such nonconforming use of land. 6.5 NONCONFORMING STRUCTURES - Where a lawful structure exists at the effective date of der or amendment of this e-rd nane . that cou�c� not "fie I�uilt under the terms...of this ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: a. Such structure may not be enlarged in a way which increases its nonconformity; b. Such s.t,ructure may not be altered in a way which increa94s its nonconformity; R J"- ).." ,d Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved. 6.6 NONCONFORMING USES OF STRUCTURES - If a lawful use of a struc- ture, or structure and land in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful subject to the following provisions: a. No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located; b. A nonconforming use, if changed to a conforming use, may not thereafter be changed back to a nonconforming use. A nonconforming use, if changed to a more restrictive nonconforming use, may not be thereafter changed except to an equal or t-e a more restricted use. C. Any nonconforming use may be...extended throughout any parts of a buildingt dt"U which were manifestly arranged or designed for su'c use at the time of adoption or amendment I-e-r this ordinance, but no such use shall be extended to occupy any land outside such building Any stiFueture, er sti-Qetu=-�rd land in-eembinatel.r--In e'r en -whieh a neneenferming- ese is superseded by a permitted te the use, shall thereafter eenferfa leeated, and net thereafter the neneenfei-ming use may f ei- strueture and e. when a neneenferminguse -e a strtreture, l is - f e land in eemb inat en, -dam a entinued fer er abandened (IS) men }L a ( 6 ) eenseetitive-R}enths er eighteen the t r-ttctttre and land any three--( 3) year per -red, , be- s : , thereafter - hall net used -emeept i e t in eenfermanee hi eh i4c is , e , .- e e the regulatiens-e€-the-dis plies te-a strueture-and where -neneenfe g use i de t ru et i en—e f land a emdb en , -Tie=ate--e r s ththe stal-, e e f 16 strtieture shalrelifnnate-tire Rene enf-erffling this subseetieR-,- land. re-purpe s e ef te--an of mere than fifty is deed --as `,--- elamage extent attime --a= G- pereeRt destr e of the replaeement eest 6.8 SPECIAL EXCEPTION USES/SPECIFIC USE PERMITS: NOT NONCONFORMING USES - Any use for which a specific use permit is granted pursuant to this ordinance shall not be deemed a nonconforming � T- 3 MJ use, but shall, without further action be deemed a conforming use in such district only for the single property granted such special exception or specific use permit. Any special exception or specific use permit heretofore granted by the Board of Adjustment or City Council which was lawfully existing at the effective date of this ordinance �n��x��:n�;:�:�i�:��'��x4« shaY1 be considere nonconforming uall be subject to all terms of this ordinance relating to nonconforming uses, unless the zoning classification under this ordinance for the property to which the special use attaches allows that particular use. Any special exception or specific use permit which has expired or which is not in compliance with the conditions placed upon such use shall not be permitted to continue. (As amended by Ordinance No. 480- C.) Iri- q FIELDING, BARRETT TEL: 817-332-4740 Jun 9,94 13:55 No.012 P.03 Im ORDINANCE NO. 4WN AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTUL.AKE, TEXAS BY REVISING REGULATIONS AFFECTING NONCONFORMING USES AND STRUCTURES; PROVIDING FOR THE AMORTIZATION OF NONCONFORMING USES; PROVIDING THAT THIS ORDINANCE SHALT. BE CUMULATIVE OF ALL ORDINANCE PROVIDING A SEVERABILM CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. the City of Southlake, Texas is a home rule city acti% atder its charter adopted by the'&4vtorate pursuant to Article Xi:, Section S e Texas Constitution and Chapter 9 of the Local WHEREAS, the City of Southlake has heretofore adopted Ordinance No. 484 as amended, as the zoning ordinance for the City; and WHEREAS, the City Council of the City of Southlake now deems it necessary to amend Ordinance No. 480, as amended, to provide specific regulations governing nonconforming uses and structures and the amortization of nonconforming uses under specified guidelines; and WHEREAS, the City Council has given published notice and held public hearin�c with respect to the amendment of the Zoning Ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CM OF SOUTFIIAKE, TEXAS: ilec\munl\slakcbrdin--\amordza (0601-94) y j--5 FIELDING, BARRETT TEL: 817-332-4740 Jun 9,94 13:55 No.012 P.04 SEC'I'[ON L That Sections 6 .4, 6.5 and 6.6 of Ordinance No. 480, as amended, are hereby amended to read as follows: "6.4 pg - Where, at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: a No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance; b. A nonconforming use, if changed to a conforming use, may not thereafter be changed back to a tun anfmo�g usre te.'ctive nonconforming use, if changed nonconforming use, may not thereafter be changed except to an equal or a more restricted use; c. No such nonconforming use shall be moved in whole or in part to airy other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance; d. No additional structures not conforming to the requirements of this ordinance shall be erected in connection with such nonconforming use of land. 6.5 NONCONFORMING- Where a lawful structure exists at the cffective date of this ordinance or amendment thereof that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: a. Such structure may not be enlarged in a way which increases its nonconformity; b. Such structure may not be altered in a way which increases its nonconformity; B,.T b FIELDING, BARRETT TEL: 817-332-4740 Jun 9.94 13:55 No.012 P.05 C. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved. 6.6 NONMUMM20AISES OF STPUUMEM- If a lawful use of a structure, or structure and land in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful subject to the following provisions: a. No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located; b. A nonconforming use, if changed to a conforming use, may not thereafter be changed back to a nonconforming use. A nonconforming use, if changed to a more restrictive nonconforming use, may not be thereafter changed except to an equal or a more restricted use; C. Any nonconforming use may be extended throughout any parts of a structure which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such structure! SECTION L That Section 6.8 of Ordinance No. 480, as amended, is hereby amended to read as follows: .�v,•r.,,TION USE PFRMTTS: NOT „6.8 �v�iiw� n�►i r 11 i� US No _ Any use far which a special exception or specific use permit is granted pursuant to this ordinance steall not be deemed a nonconforming use, but shall, without further action be deemed a conforming use in such district only for the single property granted such special exception or specific use permit. Any special exception or specific use permit heretofore granted by the Board of Adjustment or City Council which was lawfully existing at the effective date of this ordinance but which is no longer permitted under � .T- 7 FIELDING, BARRETT TEL: 817-332-4740 Jun 9,94 13:55 No.012 P.06 this ordinance or amendment thereof shall be considered a nonconforming use and shall be subject to all terms of this ordinance relating to nonconforming uses, unless the zoning classification under this ordinance for the property to which the special use attaches allows that particular use. Any special exception or specific use permit which has expired or which is not in compliance with the conditions placed upon such use shall not be permitted to continue." SECnON 3. That Section 6, "NONCONFORMING USES," of Ordinance No. 480, as amended, is hereby amended by adding thereto new Sections 6.99 6.10 and 6.11 to read as follows: "6.9 DISCOMMWANCE OR ARANDONMENT a. A nonconforming use, when discontinued or abandoned, shall not be resumed and any further use shall be in conformity with the provisions of this ordinance. Discontinuance or abandonment shall be defined as follows: (1) When land used for a nonconforming use shall cease to be used In a bona fide manner for the nonconforming use for six (6) consecutive months or for a total of eighteen (18) months during any three (3) year period. When a structure des (2) Wh designed or arranged for a nonconforming use shall cease to be used in a bona fide manner as a nonconforming use for a period of six (6) consecutive calendar months or for a total of eighteen (18) months during any three (3) year period. (3) When a structure designed or arranged for a conforming use shall cease to be used in a bona fide manner as a nonconforming use for a period of three (3) consecutive calendar months. (4) When land or a structure used only on a seasonal basis is not used in a bona fide manner as a nonconforming use during such season. b. Discontinuance or abandonment shall be conclusively deemed to have occurred irrespective of the intent of the property owner if the nonconforming use was dilapidated, substandard, killer m=1Wak*%ord3o2=Nam-tim (06-W94) 4 FIELDING, BRRRETT TEL: 817-332-4740 Jun 9,94 13:55 No.012 P.07 or was not maintained in a suitable condition for occupancy during the above time periods. a Upon evidence of hardship, the Board of Adjustment shall have the power to extend the time limits in paragraph a not to exceed one (1) year. 6.10 DFSTRUMON OF NONCONFORMING USE a. If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire, the elements or otherwise, it may not be reconstructed or rebuilt except to conform with the provisions of this ordinance unless the destruction amounts to less than fifty percent (50%) of its fair market value at the time of destruction. b. If the destruction is greater than fifty percent (50%) and less than total, the board of adjustment may, after a public hearing, authorize repair, taking into consideration the property owner's circumstances and the effect on surrounding properties. C. Where an individual structure or structures are destroyed by more than fifty percent (50%b upon submission by the owner of sufficient evidence to prove that the destruction amounts to less than fifty percent (50%) of the total value of the entire nonconforming use and that the destroyed structure or structures constituted an integral part of the nonconforming use, without which the nonconforming use cannot be profitably operated, the Board of Adjustment may permit the reconstruction of such destroyed structure or structures under conditions which reasonably allow the owner to recoup his original investment. d. Notwithstanding anything herein to the contrary, a single family residence which is destroyed shall be permitted to be reconstructed without Board of Adjustment approval regardless of the extent of destruction provided that the construction complies with all current budding codes and is commenced within six (6) months of the date of destruction The failure of the owner to start such reconstruction within six (6) months shall forfeit the owner's right to restore or reconstruct the dwelling except in conformance with this ordinattoe. e. If the owner of a nonconforming use fails to begin reconstruction of the destroyed structure (when permitted to do so by the terms of this ordinance) within six (6) months of the date of destruction or approval by the Board of Adjustment, �files�muoi�slate�ecdlaanc4m+oetiri (06-W94) 5 U— FIELDING, BARRETT TEL: 817-332-4740 Jun 9,94 13:55 N0.012 P.08 the nonconforming structure or use shall be deemed to discontinued or abandoned as provided in Section 6.9 abovbee The Board of Adjustment may from time to time on its own motion or upon cause presented by interested persons inquire into the erostence, continuation or maintenance of any nonconforming use within the City. The Board of Adjustment may take specific action to abate, remove, limit or terminate any nonconforming use or structure under reasonable guidelines as set forth in Section 44.3 of this Ordinance. The concurring vote of four (4) members of the Board shall be necessary to take any such action! SECTION 4. That Section 44.3 of ordinance No. 480, as amended, is bereby amended by adding new paragraphs d, a and f thereto to read as follows: "d. Dlscon 1nu nce or AMortizatiOn Of lOnconf rmin&-TJ g - The Board may require the discontinuance of a nonconforming use or structure under a reasonable plan whereby the owner's investment in the nonconforming use or structure can be recouped through amorti=tion over a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance. R�nnstruction of No g. e. - The Board may permit the repair or reconstruction and occupancy of a nonconforming structure or a structure containing a nonconforming use wehre the structure has been destroyed in excess of , percent (50%) but less than the total value as provided to Section i 0, provided such reconstruction does not, in the judgment of the Board, prevent the return of such property to a conforming use or increase the nonconformity of a nonconforming structure beyond what is permitted by Section 6 of this ordinance. Such action by the Board of Adjustment shall have due or the property rights of the person or persons affected when considered in light of the public welfare, the character of the prea reservation and protection structureg such P surrounding Properties and their values. �filcrwuni�slr�e�ord4mne�rmortia� (06-04-44) b FIELDING. BARRETT TEL: 817-332-4740 Jun 9,94 13:55 N0.012 P.09 £ Resumption of Abandoned Nonconforming Use - Within the limits prescribed in Section 6.9, the Board may review nonconforming uses which have been abandoned or discontinued to determine whether such uses should be allowed to resume operation. Such action by the Board shall consider any unnecessary hardship on the property owner if the use is discontinued and shall have due regard for the public welfare, the character of the area surrounding such use, and the conservation, preservation and protection of surrounding properties and their values." SECTION S. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional Phrase, clause, sentence, paragraph or section. M[ilcs\muni\slzkobrdlnax\amcxtiza (06 -94) 7 I FIELDING, BARRETT TEL: 817-332-4740 Jun 9,94 13:55 No.012 P.10 SECTION 7. Amy 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 Canty of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION M 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 M FIELDING, BARRETT TEL: 817-332-4740 Jun 9,94 13:55 No.012 P.11 of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 11. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF . 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1994. MAYOR ATTEST: CITY SECRETARY .y t:fileslmunNdako\orainaft�.moctiia (W 09-94) 9 g j- 13 FIELDING, BARRETT TEL: 817-332-4740 Jun 9,94 13:55 No.012 P.12 APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: L1f11ct%muoMlakckxdinancwm)ftiu (06-OM) is gT-4 City of Southlake, Texas MEMORANDUM June 17, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: An Ordinance Authorizing the Mayor of the City of Southlake, Texas to Execute a Quitclaim Deed Releasing Public ownership, Interest or Control of Certain Portions of the Right -of -Way of Kimball Avenue Vacated and Abandoned by Action of the City Council. This ordinance authorizes and empowers the Mayor to execute a quitclaim deed on a certain portion of the right-of-way of North Kimball Avenue which has been vacated and abandoned. This vacated right-of-way is described in the attached Exhibit "A" and Exhibit "B" . The vacated right-of-way is being quitclaimed to the owners of Kimball/ 1709 Addition as an exchange for the same amount of additional right-of-way from Lot 1, Block 2, Kimball/ 1709 Addition, City of Southlake. This exchange of 15,507.25 sq.ft. of Lot 1, Block 2 will provide for the realignment of North Kimball Avenue between Southlake Blvd. (F.M. 1709) and S.H. 114. Attached is a copy of the Quitclaim Deed and the Agreement between the City of Southlake and the landowners. Please place this on the June 21st, agenda for Council review. Attachments wpfiles\memos\kimball. vac '�% V,-- \ ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE, TEXAS, TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF CERTAIN PORTIONS OF THE RIGHT-OF-WAY OF KIMMALL AVENUE VACATED AND ABANDONED BY ACTION OF THE CITY COUNCIL IN ORDINANCE NO. ; PROVIDING A SEVERABI ITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake, Texas, after due and careful consideration, has adopted Ordinance No. , in which it vacated and abandoned certain portions of the right-of-way of Kimball Avenue, more particularly described in said (W ordinances; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right-of-way, the City desires to execute a quitclaim deeds releasing all title, ownership and control in said right-of-way to the owners of the abutting property. NOW, TIT EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a quitclaim deed releasing all claims to title, ownership, or control of the property identified in Ordinance No. , on behalf of the City of Southlake, Texas. (bw f.\files\muni\slakc\ordinanc\kimhall.aut (06-16-94) SECTION 2. A copy of said quitclaim deed shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. ��Z�I Y ILi]►tl! This Ordinance shall be in full force and effect from and after its passage provided by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1994. MAYOR ATTEST: CITY SECRETARY f.\files\muni\slake\ordinanc\kimball.aut (06-16-94) 2 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1994. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: f.\files\muni\.slakc\or(linanc\kiml)all.aut (06-16-94) 3 QUITCLAIM DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § That the City Council of the City of Southlake, County of Tarrant, State of Texas, after careful study and consideration, has determined that a certain portion of the right- of-way of Kimball Avenue located in the City of Southlake, hereinafter specifically described, is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefited by its vacation and abandonment. For and in consideration of the above findings and for other good and valuable consideration, the receipt and suf- ficiency of which is hereby acknowledged, the City of Southlake ("Grantor") does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto: JOHN D. GOURLEY, VINCENT J. & PEGGY S. STAGLIANO, and KENNETH W. SHAW ("Grantee"), and any and all of their heirs, legal representatives or assigns, all of Grantor's right, title, and interest in and to the rivght-of-way described on Exhibits "A" and "B" attached hereto and incorporated herein for all purposes. TO HAW', AND TO HOLD all of Grantor's right, title and interest in and to the above described right-of-way unto the said Grantee, their heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives or assigns shall have, claim or demand any right or title to the aforesaid right-of-way, premises or appurtenances or any part thereof. EXECtJTED this day of , 1994. CITY OF SOUTHLAKE f:\files\muni\,,like\ordinsnx:�kimhall.gtc (06-16-94) S Mayor STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of , 1994, by Gary Fickes, Mayor of the City of Southlake, Texas, a municipality. on behalf of said municipality. Notary Public in and for the State of Texas My Commission Expires: Type or Print Notary's Name f:\files\muni\slake\rlrclinanc\kimhall.gtc (06-16-94) ,:::'t 2 t-- �l &J?W DATA Oe . IJWU' R - FMOO' T - W.",L - 25n06' ® A: I97H70' R . 90a00' T - IM54' L - 30225' © e - Oz7/1e• R . 904.9J' T . 17.25' L . J4-W' A: I325'22' R . 992.00' T - MIX L . 232.40' ® e - 127515- R . 904.93' T - 9L54' L a 194.JY 001218LL.DWG CHEATHAM AND ASSOCIATES 1601 E. LAMAR BLVD. SUITE 200 ARLINGTON, TEXAS 78011 METRO (817) 285-8836 (817) 548-0696 al / N E• s te 'ot �I a� BD, I certify that this is a true and accurate representation of this survey as made on the ground. EDDIE L. CHEATHAM i4 2346 <q'O:;f s s; o?, o DATE EXHIBIT 'B' KIMBALL AVENUE RIGHT-OF-WAY Field Notes l Being a 0.3560 acre tract of land, more or less, situated in the County of Tarrant, State of Texas, and being out of the Samuel Freeman Survey, Abstract 525, and being within the Kimball/1709 Addition, an addition to the City of Southlake, filed in Cabinet A, Slide 146 on June 6, 1989, which 0.3560 acres of land, more or less, is more particularly described by metes and bounds as follows: COMMENCING at an iron pin, said point being in the west line of the Samuel Freeman survey and being the Southwest corner of the above referenced lot. THENCE continuing in a northeasterly direction, along a curve to the left 194.33 feet, said curve having a radius of 904.93 feet and a central angle of 120 18' 15", to a point, said point being the POINT OF BEGINNING; THE N 13° 09' 26" W, a distance of 461.49 feet to a point, said point also being the beginning of a curve to the right having a radius of 1260.00 feet and a central angle of 13° 05' 56"; THENCE Along said curve to the right, a distance of 288.06 feet to a point for a corner, said point also being the beginning of a curve to the left having a radius of 908.00 feet and a central angle of 19° 04' 20% THENCE continuing along said curve to the left, in a southeasterly direction, a distance of 302.25 feet to a point; THENCE S 190 07' 50" E, a distance of 203.76 feet to a point, said point also being the beginning of a curve to the right having a radius of 992.00 feet and a central angle of 13° 25' 22"; THENCE Along said curve to the right, a distance of 232.40 feet to a point for a corner, said point also being the beginning of a curve to the right having a radius of 904.93 feet and a central angle of 02° 11' 18"; THENCE Along said curve to the right, a distance of 34.56 feet to a point for a corner, said point being the POINT OF BEGINNING containing 0.3560 acres of land, more or less. AGREEMENT This Agreement is entered by and between the City of Southlake (the "City") and John D. Gourley, Vincent J. and Peggy S. Stagliano, and Kenneth W. Shaw (the "Landowners"). Re: Right -of -Way ("ROW") for North Kimball Avenue The City and the Landowners understand and agree as follows: 1. The City will convey by quit claim deed 15,507.04 square feet (0.356 acres) of excess ROW adjacent to Lot 1, Block 1, Kimball/FM 1709 Addition, City of Southlake, in the platted North Kimball Avenue (as more particularly described on Exhibit "A" attached hereto) in exchange for 15,507.04 square feet (0.356 acres) of Lot 1, Block 2. in addition, the City will purchase 19,103.25 square feet of Lot 1, Block 2 for a sum of $98,01.6.00. Therefore, the entire property acquired by the City from Lot 1, Block 2 Kimball/FM 1709 Addition is 15,507.04 square feet (by exchange) and 19,103.25 square feet (by purchase), for a total of 34,610.25 square feet (0.7945 acres) as more particularly described on Exhibits 'B" and "C' attached hereto. In regard to the surplus square footage of Lot 1, Block 2 not being acquired by the City, the Landowners may, at their option, convey such surplus to the City at no cost to the City, but free and clear of any outstanding costs, taxes, assessments, liens or other charges. 2. The City will, as part of the Kimball Avenue construction, provide at no cost or assessment to the Landowners or to Lot 1, Block 1 or Lot 1, Block 2, Kimball/FM 1709 Addition, (1) a six inch sewer line (stubbed with manhole) to Lot 1, Block 1, and (2) a twelve inch water main within and on the east side of proposed 140 foot Kimball Avenue ROW; and 3. The City will not assess costs to the Landowners or to Lot 1, Block 1 or Lot 1, Block 2, Kimball/FM 1709 Addition for the present or future costs of or related to Kimball Avenue. The City agrees that neither the Landowners nor Lot 1, Block 1 and Lot 1, Block 2 will be responsible for contribution toward such present or future costs. 4. For the above consideration, the Landowners will convey the required Kimball Avenue ROW to the City by warranty deed. This Agreement shall inure to the benefit of the City and Landowners, and their respective successors and assigns. CITY OF SOUTHLAKE: By: Name: Gary Fickes Title: Mayor `, i A LANDOWNERS: JOHN D. GOURLEY STATE OF TEXAS COUNTY OF TARRANT THIS instrument was acknowledged before me this day of 1994 by JOHN D. GOURLEY. Notary Public in and for the State of Texas My Commission Expires: Notary's Printed Name: VINCENT J. STAGLIANO STATE OF TEXAS COUNTY OF TARRANT THIS instrument was acknowledged before me this day of 1994 by VINCENT .1. STAGLIANO. My Commission Expires Notary Public in and for the State of Texas Notary's Printed Name: A PEGGY S. STAGLIANO STATE OF TEXAS COUNTY OF TARRANT THIS instniment was acknowledged before me this day of 1994 by PEGGY S. STAGLIANO. My Commission Expires: Notary Public in and for the State of Texas Notary's Printed Name: KENNETH W. SHAW STATE OF TEXAS COUNTY OF TARRANT THIS instrument was acknowledged before me this day of , 1994 by KENNETH W. SHAW. My Commission Expires: Notary Public in and for the State of Texas Notary's Printed Name: CURVE OATH ON033 n- 6' R . 1264L00' r - 144.56' L - 2eA06' ® A - 19N70' R . 90100, 7 - 15254' 4 L ' J0225' © R - 90RlJ' r - 17.2e' L - 34JQ' OG - 152512' R - 99200' t - 118.73, L . 232.40' ® R - 127e15' R - 9W.9J' - 97.34' L - 194.JJ' W 001218U-DWG CHEATHAM AND ASSOCIATES 1801 E. LAMAR BLVD. SUITE 200 ARUNGTON, TEXAS 78011 METRO (817) 285-8836 (817) 546-0696 BLOCK 2 I l P.O.B I i / � N WE S s r) C 1 -100, 'M. qKF 7j�a at VD- 1 certify that this is a true and accurate representation of this survey as made on the ground. L. CHE 2346 DATE : -�- -Z,*--1\4 CUR DATA ®A - 0375'16- R - 992.00' T - 29.87 L - 59.2Y gA - l8'D4'4l- R - 908.00' T_ 128.24' L - 254.80' ©G - 0522'24' R - 004.93' T - 424r L - 84.87' OA: 03V6'45' R - 904.93' T - 24.59' L - 49.16, EXHIBIT '8' PROPERTY DESCRIBED 34.610.29 SQ. FT. I I 0.7945 ACRES �1 , 3 1 i ® 1 10\ !1 A �6 \0-1 1 <:. o :; LOT 1 1 BLOCK 1 1 P.O.C� - OO P.O.B. -� W E F, S 1"=100' 001218LW.DRG I certify that this is a CHEATHAM AND ASSOCIATES true and accurate representation of this 1801 E. LAMTE AS 7 SUITE 200 survey as made on the . AETRO (1 TEXAS 78 6 ground. EDDIE L. CHEATHAM (817) (8-0 285-8888 ..................... %. (817) 548-089846 �r :A <y p� SURV,� DATE EXHIBIT 'C' KIMBALL AVENUE RIGHT-OF-WAY Field Notes Being a 0.7945 acre tract of land, more or less, situated in the County of Tarrant, State of Texas, and being out of the Samuel Freeman Survey, Abstract 525, and being within Lot 1 Block 2 of the Kimbal111709 Addition, an addition to the City of Southlake, filed in Cabinet A, Slide 146 on June 6, 1989, which 0.7945 acres of land, more or less, is more particularly described by metes and bounds as follows: COMMENCING at an iron pin, said point being in the west line of the Samuel Freeman survey and being the Southwest corner of the above referenced lot. THENCE continuing in a northeasterly direction, along a curve to the left 49.16 feet, said curve having a radius of 904.93 feet and a central angle of 03° 06' 45", to a point, said point being the POINT OF BEGINNING; THENCE N 130 09' 26" W, a distance of 222.03 feet to a point for a corner, said point also being in the west line of the Samuel Freeman Survey; THENCE N O1 ° 13' 10" W, a distance of 319.77 feet to a point for a comer, said point also being in the west line of the Samuel Freeman Survey and being the beginning of a curve to the left having a radius of 992.00 feet and an included angle of 03° 25' 16"; THENCE continuing along said curve to the left, a distance of 59.23 feet to a point; THENCE S 190 07' 50" E, a distance of 203.76 feet to a point, said point being the point of curvature for a curve to the right having a radius of 908.00 feet and central angle of 16° 04' 41"; THENCE continuing along said curve to the right, a distance of 254.80 feet to a point for a corner, said point also being the beginning of a curve to the right having a radius of 904.93 feet and a central angle of 05° 22' 24"; THENCE continuing along said curve to the left, in a southwesterly direction, a distance of 84.87 feet to a point, said point being the POINT OF BEGINNING containing 0.7945 acres of land, more or less. '�� -- \ kk- ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE9 TEXAS, TO EXECUTE A DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF CERTAIN PORTIONS OF THE RIGHT-OF-WAY OF IO MALL AVENUE VACATED AND AB NED BY ACTION OF THE CITY COUNCIL IN ORDINANCE NO. A L; PROVIDING A SEVERABHXrY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. � the City of Southlake, Texas is a home 1n under its charter adopted by the electorate pursuant to Article X1, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake, Texas, after due and careful consideration, has adopted Ordinance No. , in which it vacated and abandoned certain portions of the right-of-way of Kimball Avenue, more particularly described in said ordinances; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right-of-way, the City desires to execute a deed releasing all title, ownership and control in said right-of-way to the owners of the abutting property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOU LAKE, TEXAS: SECTION 1. The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a deed releasing all claims to title, ownership, or control of the property identified in Ordinance No. , on behalf of the City of Southlake, Texas. f:\files\muni\slake\ordinanc\kimba112aut (06-21-94) SECTION 2. A copy of said deed shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. This Ordinance shall be in full force and effect from and after its passage provided by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 21994. MAYOR ATTEST: CITY SECRETARY f:\filas\nuni\slakc\ordinaw\kimba112aut (06-21-94) 2 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1994. MAYOR CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: 4 ( " q `/ EFFECTIVE: U\files\muni\slake\ordinanc\kimWI2.aut (06-21-94) 3 City of Southlake, Texas MEMORANDUM June 17, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance No. 612, 1st Reading, an Ordinance Vacating and Abandoning a Portion of North Kimball Avenue, Adjacent to Lot 1, Block 1, Kimball/1709 Addition, City of Southlake. North Kimball Ave. from Southlake Blvd. (F.M. 1709) to S.H. 114 was platted in the Kimball/ 1709 Addition. The final design of N. Kimball required the right-of-way to be widened and realigned. The street design and new alignment as approved by City Council, has made certain portions of the platted Kimball Avenue to be not used by, nor useful or convenient to the public, and the public would be better served and benefitted by their vacation and abandonment. The proposed right-of-way to be abandoned is 15,507.04 sq.ft. on the east side of the platted N. Kimball Ave. The attached Exhibit "A" and Exhibit "B" describe the property. The attached Ordinance, which requires a second reading, will accomplish the vacating and abandoning of the excess Kimball Ave. right-of-way. Please place this on the June 21st agenda, for Council review. Attachments wpfiles\memos\ 12 inch. fm / (W ORDINANCE NO. AN ORDINANCE VACATING AND ABANDONING PORTIONS OF KIMBALI, AVENUE WITHIN THE CITY OF SOUTHLAKE, TEXAS, DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that certain portions of Kimball Avenue within the City of Southlake, are not being used by, nor useful or convenient to the public in general; therefore, they constitute �1 public charge without a corresponding public benefit, and the public would he better served and benefitted by their vacation and abandonment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOIJTTTT,AKt . ' FYAS: SECTION 1. The portions of Kimball Avenue more specifically described in Exhibit "A' and Exhibit "B" attached hereto and incorporated herein for all purposes, are not being used by, nor useful or convenient to the public in general. They constitute a public charge without a corresponding benefit, and the public would be better served and benefitted by their vacation and abandonment. Accordingly, the above described portions of the Kimball Avenue right-of-way are hereby vacated and abandoned as public property and such areas f:\filcs\muni\slakc`.nr<linanc\kimhsill.vic (06-16-94) ce so vacated and ahandoned shall revert in fee simple to the owners of the abutting properties. SECTION 2. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3. This Ordinance shall be in full force and effect from and after its passage provided by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1994. MAYOR ATTEST: CITY SECRETARY f.\files\muni\slakc\or<linanc\kimhall.vac (06-16-94) 2 PASSED ANT) APPROVED ON SECOND READING ON THIS DAY OF 1994. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: f:\files\muni\slake\ordinanc\kimhall.vac (06-16-94) 3 EXHIBIT 'A' CWVE DATA A r 13wu' R r 12"00' T . iH.W' ! _ 250.0Q• ® A: 101mw R wa o• T - IM54' _ 30225' © A _ 02717Q- R T - rTx• t - s+-s• R _ "zoo I. pan' ! - 232.40• ®A _ 127A15' R - 004.03 T - PZ54' L . 1"Ir 00121 P.O.0 PROPERTY DESCR/BED 15,507.04 SO. FT. 0.3560 ACRES =0 ;� 0� \ A6 G LOT 1 BLOCK 1 a s�v 7gIc e >os� jLVp- 1 certify that this is a CHEATHAM AND ASSOCIATES repr and accurate epreaeatatlon of this 1801 E. LAMAR BLVD. SUITE 200 survey as made on the ARLINGTON. TEXAS 76011 ground. METRO (817) 265-8836 (817) 548-0696 FA N W E S 1" =100' 2346 DATE s EXHIBIT 'B' KIMBALL AVENUE RIGHT-OF-WAY Field Notes (W .1 Being a 0.3560 acre tract of land, more or less, situated in the County of Tarrant, State of Texas, and being out of the Samuel Freeman Survey, Abstract 525, and being within the Kimball/1709 Addition, an.addition to the City of Southlake, filed in Cabinet A, Slide 146 on June 6, 1989, which 0.3560 acres of land, more or less, is more particularly described by metes and bounds as follows: COMMENCING at an iron pin, said point being in the west line of the Samuel Freeman survey and being the Southwest corner of the above referenced lot. THENCE continuing in a northeasterly direction, along a curve to the left 194.33 feet, said curve having a radius of 904.93 feet and a central angle of 120 18, 15", to a point, said point being the POINT OF BEGINNING; THENCE N 13° 09' 26" W, a distance of 461.49 feet to a point, said point also being the beginning of a curve to the right having a radius of 1260.00 feet and a central angle of 13° 05' 56"; THENCE Along said curve to the right, a distance of 288.06 feet to a point for a corner, said point also being the beginning of a curve to the left having a radius of 908.00 feet and a central angle of 19° 04' 20"; THENCE continuing along said curve to the left, in a southeasterly direction, a distance of 302.25 feet to a point; THENCE S 19° 07' 50" E, a distance of 203.76 feet to a point, said point also being the beginning of a curve to the right having a radius of 992.00 feet and a central angle of 13° 25' 22"; THENCE Along said curve to the right, a distance of 232.40 feet to a point for a corner, said point also being the beginning of a curve to the right having a radius of F ; 904.93 feet and a central angle of 02° 11' 18"; THENCE Along said curve to the right, a distance of 34.56 feet to a point for a corner, said point being the POINT OF BEGINNING containing 0.3560 acres of land, more or less. City of Southlake, Texas MEMORANDUM CITY MANAGER June 17, 1994 TO: Honorable Mayor Fickes and Councilmembers FROM: Sandra L. LeGrand, City Secretary SUBJECT: Appointments to the Planning and Zoning Commission Resolution No. 94-30 allows for the appointments of four (4) members to the Planning and Zoning Commission for two (2) year terms. The commission has seven members. I have attached the applications for these appointments, as well as the letters from current members who wish to be reappointed for another term. Council has had the opportunity to interview each of the applicants. If you have questions, please do not hesitate to contact me. /sl memo\res%-30Kbou& and comm\sl i City of Southlake, Texas RESOLUTION NO. 94-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Home Rule Charter of the City of Southlake, Texas, was approved by the voters in a duly called Charter Election held on April 4, 1987; and, WHEREAS, in the Home Rule Charter, Chapter XI concerns Planning and Zoning; and Section 11.03 allows for appointments for two (2) year terms on the commission; and, WHEREAS, currently the terms of four (4) commissioners have expires; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2. The terms of Joe Wright, Randy Arnold, Ernest Johnson and a vacancy (left by resignation of M. Richarme) have expired. Section 3. The City Council hereby appoints the following persons to the Planning and Zoning Commission to serve a term to expire in May, 1996: 2. A t� 3. 4. t�,�04h5 Section 4. This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE 21ST DAY OF DUNE, 1994. Resolution No. 94-30 page two CITY OF SOUTHLAKE, TEXAS Mayor Gary Fickes ATTEST: Sandra L. LeGrand City Secretary RECEIVED MAR 3 0 1994 CITY SECRETAR )W March 30, 1994 Mrs. Sandy LeGrand City Secretary 667 North Carroll Avenue Southlake, Texas 76092 Dear Sandy: Thank you for the recent letter reminding me that my term on the Planning and Zoning Commission will expire in May, 1994. I have enjoyed my time on the Commission and feel that I have the knowledge and expertise to be a valuable member of the board, and as chairman. I would like to take this opportunity to request that the City Council renew my appointment for another term on the Planning and Zoning Commission. (:in4erelyW ight PIRCEIVED MAR 18 1994 CITY SEORETARIJ) Cha, March 22, 1994 Mrs. Sandra L. LeGrand City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Sandy: I have received your letter about the May, 1994 expiration of my term on the Planning and Zoning Commission. I would very much like to be considered for reappointment for another term. I feel that I have made a positive contribution to the commission and that my two years of service has given me the experience to make an even greater.contribution to our community. Very truly yours, Randy Arnold . (iiiw ?;z --r JAMES B. ARNOLD CONSTRUCTION, INC. P.O. BOX 1983 / GRAPEVINE, TEXAS 76051 Dirt Excavation/Construction Control METRO 817 430-5222 1351 Estella Way Southlake, Texas 76092 March 7, 1994 Ms. Sandy LeGrand City Secretary City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Sandy: RECEIVED MAR U 91994 CITY SECFIETAR Thank you for your reminder regarding the expiration of my term on the Planning and Zoning Commission. (4w 1 would very much welcome reappointment, so please treat this letter as an "application" for further service. Sincerely, Ernest P. Johnson N ,,, TOWLER CORPORATION INVESTMENTS & MANAGEMENT CONSULTANTS January 28, 1994 Ms. Sandra L. LeGrand City Secretary City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Ms. LeGrand; RECEIVED FEB 0 2 1994 CITY SECRETAR The City Council appointed me as Alternate #2 to the Board of Adjustments on September 1, 1992 to fill an unexpired term ending May, 1993. On May 18 1993 the City Council appointed me to a term on the Board of Adjustments as a regular member. My term expires in May, 1995. As a result of my experience this past 18 months, I am interested in being considered as a member of the Planning and Zoning Board at such time as a vacancy may occur. This letter serves as my request for whatever forms and information may be necessary for me to complete to formalize my application for consideration of being appointed to the Board. I have discussed this with Ms. Karen Gandy and she is aware of my interest in Manning and Zoning. Thank you very much for your help in this matter. Cordially, William A. Towler cc: Ms. Karen P. Gandy 1470 N. KIMBALL ROAD SOUTHLAKE, TEXAS 76092 (817) 488-5645 r D f/_ D CITY OF SOUTHLAKE MAY 281991 (W OFFIC£ OF�RYY APPLICATION FOR APPOINTMENT TO: (name of board, commission, y committee): Planning and Zoning Commission (use a separate application for each appointment desired) Name: William A. Towler Address: 1470 N. Kimball Ave. Southlake 76092 Home Phone: (817) 488-2383 Years in City: 2+ Employer: Towler Corporation Phone: (817). - Cob-- 7/J3 Current and/or previous board, commission, or committee experience in the City of Southlake: NONE Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: It is time to begin giving back to the community. I believe I have the background ski11s and knnw1er1gP fn rnAkA a verv_positiv assist the City Council in making correct growth deriSinns for Sont-hlake. Qualifications and experience that would assist you in serving in this position: Six years experience as Executive Vice President of Rattikin Title Company (1971-77). Ten years experience in commercial Banking in North Carolina (1960-70). For last eleven years. T have owned and managed four companies in Oklahoma and Texas. Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? YES Additional information or comments: Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature : j/�(/j Date: ,5-0�8III 0 MAY 171993 (W APPLICATION committee): CITY OF SOUTHLAKE FOR APPOINTMENT TO: use & separate applica (name of board, r each appointment OFFICE OF CITY SE=TM commission, or - Name: �� G✓ v 2 An c Address : 11- Wze- Home Phone: 4<�/ /� Sr / Years in City: Employer: �c� /� /o c �/ Phone:�,31 v Current and/or previous board, commission, or committee experience in the City of S/outhlake:�� — / Reasons for desiring to serve t:n this board, cormission, or committee, and your opinion as to the purpose, goals, and duties of Qualifications and experience that would assist you in serving in this position: We') � � ;,,,. � c /�� Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? a-r Additional information or comments: Please return this completed form to the City Secretary's Office. Each application will be kept on file 'for one (1) year. After that time it will be necessary to reapply and update the information ,herein if you wish to continue to be considered for appointment. Signatu -�---� Date: JAN 211993 CITY OF SOUTHLAKE APPLICATION FOR APPOINTMENT TO: (name of board, committee): OFFICE OF CITY SECRETARI commission, or, use a separate application for each appointment aes Name: 144ME5 1 '1 OIjC/1 T 11 H� Address: 1,-q1 CinI /- zo ell2c« .sovrt�/ e-4ACc I, TX 76 02 a Home Phone: 6--i,?) y,FR - -7.2 Years in City: 02 Employer: L/ 7TLEToN C 4 tlys Phone: - ) 59 77 Current and/or previous board, commission, or committee experience in the City of Southlake: A101V E Reasons for desiring to serve on this board, cormission, or committee, same: ✓ /j) and your opinion as to the purpose, goals, and duties of Qualifications this position: Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? YES Additional information or comments: ✓ CL,�r G1.ecc�url Please return this completed form to the City Secretary's Office. Each application will be kept on file; for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. ,� Date : / Signature: p City of Southlake, Texas RECEIVED E E B 2 1 1994� APPLICATION FOR APPOINTMENT TO SOUTHLAKE BOARDS AND COM MSSIONC TY SECfiETARY APPLICATION FOR APPOINTMENT TO: (Name of Board, Commission, or Committee) 9 rG��uu1�! at !?S use a separate application fore appointment desired NAME: "%rjarts A - &6" ADDRESS: 011) [SUAAA HOME PHONE: �� "'� YEARS IN CITY: Z • Ir EMPLOYER: — PHONE: Current and/or previous boar , commission, or committee experience in the Cij:y of Southlake: _0rsLffMj4C& L_ JQ&1A&&,AM 01 //1A1 II oW ok.0 4W am Om ArA^ I I fir'.. A I i _ _ i` ff. Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose goals, and duties of same: �V'yUr lAJ+tRf_Wt XJ 1(9IVY GtIK ALA.A/ I S LD L.A . w..Aw ct Qualifications and experienc that would assist you in serving in this position: 5-Froov-�rl�trC/G but I N ESS Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Additional information or comments? 01 Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. Signature:�Date: ?, If additional space is needed, attach to this application City of Southlake, Texas RECEljr, APPLICATION FOR APP0Dn'WtENT TO SOUTHLAKE BOARDS AND COMMISSIONS r E B 2 8 1994 CITY SECRETARI�,p- APPLICATION FOR APPOINTMENT TO: (Name of Board, Commission, or Committee) use a separate app NAME: 1�3 \ -Zn-�N \oCs, ication for each appo ADDRESS: � ,\ 1A WF SZW O-o'C3, HOME PHONE: 'A% \-,6UA 1� YEARS IN CITY: \ 2 * EMPLOYER: \-- _ �F V��'� PHONE: Current and/or previous board, commission, or committee experience in the City of Southlake: Zo�1�y e�.�,n of •c��p-�y��-1 Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: cy- Qualifications and experience that would assist you in serving in this position: •(�ayC Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? y �S Additional information or comments? Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. Signature - QQn�� — Date: If additional space is needed, attach to this application qa, - / I,. { City of Southlake, Texas IAPPLICA,QN FOB AUDIU PTN1 N-T TQ DEB 5199�t &QBOABnS CONSSI(JNS A�L CITY SEMETAR 4 -p APPLICATION FOR APPOINTMENT To: (Name of Board, Commission, or l Committee) PANNING and ZONING COMMISSION use a separate application for each appointment, desired NAME:Gary H. Hargett ADDRESS: 1125 S. White Chapel Blvd. HOME PHONE: 488-1327 YEARS IN CITY: one EMPLOYER: Imperial Eagle Investments, Inc. PEONS-. 457 -8080 Current and/or previous board, commission., or committee experience in the city of Southlake: None Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: Con ribiie to the dynamic development wbi,la maintaninn thenatijral rhararternf the rite of Snuthlake Qualifications and experience that would assist you in serving in this position: 30 years construction 1 ncl udi ng repl at, rezoning and including develnnm_nt and management affir-warehnuse prniprts in varintis cities Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? yes Additional information or comments? Please review attached resume Please return this completed form to the city Secretary's office. Each application will be kept on file for one (1) year. February Signature. Date. y 14, 1994 If additional space is needed, attach to this application qa,p TOTAL P.02D GARY H. HARGETT 1125 S. WHITE CHAPEL BLVD. SOUTHLAKE, TEXAS (817) 488-1327 OBJECTIVE: To acquire experience in city planning and zoning with an emphasis on preserving the natural character of Southlake To serve as a communication liaison for planning and zoning issues and Coalition of Southlake Neighbors EXPERIENCE: Imperial Eagle Investments, Inc. - President land acquistion, replat, rezone, construction and management of office -warehouse complexes in * Ft. Worth * Watauga * Forest Hill Ft. Worth Plumbing Supply Co. - Chairman founded company in 1976 Gary's Plumbing Co. - owner from 1969.- 1976 MILITARY: United States Coast Guard pipefitter - Engineman 2nd Class EDUCATION: Texas Christian University - Bachelor Degree Polytechnic High School - Ft. Worth PROFESSIONAL TRAINING: American Management Association - 4 week management course National Association of Wholesale Distributors - management course - Ohio State University LICENSE: State of Texas Master Plumber # M 5505 City of Ft. Worth Mechinical Contractor # A 369 SERVICE: White Lake School - Board of Directors Wholesale Distributors Association Junior Executives - Board of Directors Wholesale Distributors Association - Board of Directors PROFESSIONAL REFERENCES: Mr. Bill Keating - City Manager of Watauga Mr. Gary Caldwell - Chief Building Inspector of Ft. Worth City of Southlake, Texas RECEIVE FEB 0 7 1994 1P APPLICATION FOR APPOINTMENT TO CITY SECRETARY SOU EHLAKE BOARDS AND COMMISSIONS APPLICATION FOR APPOINTMENT TO: (Name of Board, Commission, or Committee) 2� use a sep ate application f each appointment desired NAME: ADDRESS: HOME PHONE: ��' Q Yyd YEARS IN CITY: EMPLOYER: .Sll��/12 /U �G/1J `OD /S PHONE : �d 6 " pj�p� 7 7 Current and/or previous board, commission, or committee experience in the City of Southlake: ZM0 Z�APl r,J®ea (alA, e Reasons for desiring to serve on this board, commission, or committ e, and your o inion as to the purpos , goals, and duties of same : / �-2 e- - s Qualifications and experience that would assist you in serving in this position: AepA04rc P9`- 2 . Wf- Do you understand and agree that your regular attendance and active support are required as an appointee an that noncompliance could result in removal from the board? AVitional information or comments?�p -L 2 Ay bs T s -- e Op -fPAe,444e4-a- Please return this completed form/ to the City Secretary's Office. Each application will be kept on file for one (1) year. Signature: �is2�/� Date: p? — l� If additional space is needed, attach to this application It -)Y,*' APPLICATION Committee) City of Southlake, Texas RECEIVED! APPLICATION FOR APPOINTMENT TO j: E B Z 5 M4 SOUTHLAKE BOARDS AND CONMUSSIONS CITY SECRETAR, FOR APPOINTMENT TO: (Name of Board, Commission, or FZ Cl7 L (If?7/77 �7f C- user a separat6 application for each appo NAME: /C i rl7-,, _ � (� CA- ) /ri/a /fl<-e. ADDRESS: �, ;3'c� %`'y P�w t' ✓c_, / So�T/, �� e HOME PHONE: ��'� �� `cJ'd -/c,S % YEARS IN CITY: 2- EMPLOYER: GTE /��;�%/�S-T�L.y%"-s PHONE: (�2/y>2/,?- �4/Z.p Current and/or previous board, commission, or committee experience in the City of Southlake: /Vvj�E Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: G fJ<<✓f/C //7l'p /„-1� /,i �Ptr a C c��fYv%�r' i C,�-Z�1774 —� Qualifications and experience that would assist you in serving in this position: wJt��/� /7 r ✓P / /F L// 1 �i��' /�% i r %G✓f /J c / iV�- o {/i a.liL/ S �'%i�'l'/�i rs� rC Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? y--J Additional information or comments? ,,, ��„ �n -e c,e f,, 7- 7�Z4-/,o Ccyyi b/u`j�z %c' ��:✓P�7`'/y -e'7, u;/ GI ri7�/Zr�.�r oJ� 7`/�,� Cp75, Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. Signature-' Date: Z/�-S/I �• If additional space �s needed, attach to this application City of Southlake, Texas i RECEIVED APPLICATION FOR APPOINTMENT TO ' SOUTIILAKE BOARDS AND CONMUSSIONS MaYt7. 1994 CITY SECRETAR APPLICATION FOR APPOINTMENT TO: (Name of Board, Commission, or Committee) '(1A-11/(lq 71 �OIU/A / Cr— use a separate application for each appointment des NAME: /-- -/ -z�d,-C&W5101V ADDRESS: HOME PHONE: YEARS IN CITY: EMPLOYER : A'-&7Zlee 2:: > PHONE: Current and/or previous board, commission, or committee experience in the City of Southlake : An A,�t7 - ` S1% EX�—P?" ter/: mXr2�- (—'93 Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: ,Q Qualifications and experience that would assist you in serving in this position: h5y* t Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? /4�5 Additional information or comments? Please return this completed form to the City secretary's Office. Each application will be kept on file for one (1) year. signature: ��Gti�y�GGtLzc��_ Date: -�---/ 7 — i If laddition space is needed, attach to this application fa-/7 NO City of Southlake, Texas RECEIVED APPLICATION FOR APPOINTMENT TO i U N Q 7 19A SOUTILAKE BOARDS AND COMMISSIONS CITY SECRETAR • 1 APPLICATION FOR APPOINTMENT TO: (Name of Board, Commission, or Committee) PLWPNING., AND ZONING* 'COYTISSION use a separau= "pplication fol. each appoint_:,!--- t desired NAME: Sally R. Hall ADDRESS: 1609 Mockingbird Ln. Southlake Tx. 76092 HOME PHONE: 488-5535 EMPLOYER: YEARS IN CITY: 9 PHONE: Current and/or previous board, commission, or committee experience in the City of Southlake: (,i t-W C minni l 1 9RR-1 99?. Keep snnthl akP Beautiful Pres : Teen C'nnrt Lhzi cnry Rnarrl i Park Task Force Committee', T.a ke C'i t i ec F.nvi rnnment a 1 Tack FnrCe C:nmmi ttae Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: _ y experience in working on Zoning Q=dJ nnnC.e, Tlrn i na rge Ord i nanr+c anti Macter T)T.an _ P- Rd a elearn under-sanding--ef the legal L,rWud:deline S as r vidded b o r Cit Attor (sLakk zoning uidef21992 Qual pf icationsyan expedience Tiyat wou-led assist ou im serving in this position: My �nrPCTI n71C QxperzienG on bi-ty C'eE:ineill Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? yes Additional information or comments? Yes Planning and Inning s h�UId =Pve a eleg o—Pls4u�e Gene--Pie}ag6pe1: aeninj Planning and �ain mplet --to form. lee that tSecretzaoryPE Hficeegali Please return is om e e orm o the City Each application will be kept on file for one (1) year. Signature:.In , R. Date: L{ If additional space is needed, attach to this application t' q Z7 alzv �i.�v(: c1, rTu,�- u/Y .�G t� �, Ce--n i/yxi d C February 1992 ZONING GUIDE FOR CITY COUNCIL PLANNING AND ZONING COMMISSION ZONING BOARD OF ADJUSTMENT Some problems seem to reoccur; therefore, in an effort to deal with these situations, the following questions and answers are going -to be provided to all Planning and Zoning Members. Zoning Ouestions 1. Can the area of land subject to a zone change be increased? No. The reason a zone change area cannot be increased is that there would not be a proper notice for the increased area. For a zoning change to occur, all the land subject to the zone change must have been set out in the notice, which is mailed to adjacent property owners. This notice is required by State statute and the City's zoning ordinance. 2. Can the area of land subject to a zone change be reduced? Yes. In this case the people who would be affected by a zone change have been notified. The fact that a change has been made only on a portion of the area is in no way injurious to the neighbors. The neighbors have been notified of the most amount of land subject to a zone change. 3. Can the area of land subject to a zone change be zoned to a more intense (less restrictive) use than it was advertised? No, the neighbors would not have a proper notice that a more intense use of the property was proposed. The notice would be inadequate. 4. Can the area of land subject to a zone change be zoned to a leis intense (more restrictive) use than it was advertised? Yes. The neighbors have no basis to complain if a more restrictive district is recommended. A more restrictive use is one contained in a lower cumulative zoning district. THE DECISIONS IN THE ABOVE SITUATIONS ARE BASED ON NOTICE. PROPER NOTICE SHOWING THE MOST DRASTIC CHANGE TO BE CONSIDERED IS A PREREQUISITE TO A VALID ZONE CHANGE. qa-Ap stake\zoning.9de(21992) -1 (W S. Can the Planning and Zoning Commission, on its own motion, reduce the area of land or reduce the intensity of zone change even if the proponent doesn't want either or both changes? Yes. The Planning and Zoning Commission has the power to recommend more restrictive zone changes and the power to reduce the area to be changed even if the proponent is opposed to the changes. 6. Does the City Council have the power to reduce the area of land subject to zone change? Yes. The City Council may reduce the land subject to a zone change upon a recommendation by the Planning and Zoning Commission or upon its own motion. 7. Does the City Council have the power to zone property to a less intense (more restrictive) use than was considered by the Planning and Zoning Commission? Yes. The City Council zones property in the best interest of the public. All zoning in the city must respect the City's Comprehensive Plan, must substantially promote the public health, safety, morals, and welfare, and must be reasonable. The City Council is charged with making these determinations regardless of whether the property owner has applied for the change in zoning. When the Council down zones property on its own motion, however, courts will tend to review the down zoning under a stricter scrutiny to determine whether the adopted zoning violates substantive due process or denies the property owner reasonable use of his land. A related issue is whether the City Council should first send a proposed down zoning back to the Planning and Zoning Commission for a recommendation before taking final action. Although Texas law is unclear, there exists case authority that any kind of report from the Planning and Zoning Commission is adequate for the City Council to -make action. The principles applicable are as follows: 1. The uncertainty that exists in Texas law. 2. A belief that it is desirable for the Planning and Zoning Commission to consider all proposed districts before the Council acts. 3. The confidence the City Council has in the Planning and Zoning Commission's decisions. slake\zoning_9de(21992) -2- Therefore, before the City Council votes on whether to down zone property, it may wish to send the case back to the Planning and Zoning Commission for a reconsideration and recommendation. 8. If a zone change is denied by the city council, can the proponent request the same zone change at its nest meeting? No. Under the City's Comprehensive Zoning Ordinance, when a zone change request is denied, the same request cannot be reconsidered for six (6) months from the date of denial unless the application was denied without prejudice. 9. If the same zone request can't be made for six (6) months, does that mean no zone changes can be considered on the property? No. It just means that the same change cannot be requested. The zoning ordinance prohibits a property owner from filing a zoning application for the same action on the same property. Whether the zone request is similar enough to the original application so as to constitute the same action is a question of fact to be determined by the Planning and Zoning Commission. The original request might be for C-2 and be denied. A later request for C-1 might be found by the Planning and Zoning Commission to not be a similar request. The proponent might also add to or delete land that is subject to his rezoning request. These factors would also be considered. Therefore, zone changes on the property can be made. lo. What is spot zoning and is spot zoning legal? No. spot zoning is not legal. The zoning laws require that zoning be "in accordance with a comprehensive plan." In order to amend its ordinance to rezone an area, "a change of conditions" must be shown. The term "spot zoning" is used in Texas to note an unacceptable 'a-bendatory ordinance that singles out a small tract of land for treatment that differs from that accorded similar surrounding land and violates the comprehensive plan without proof of changes of conditions.. spot zoning is regarded as a preferential treatment which defeats the objectives of a pre -established comprehensive plan. In determining whether a rezoning constitutes spot zoning, a court will look at four factors: 1. Whether the rezoning respects the comprehensive plan; slake\zoning.9de(21992) -3 2. The nature and degree of adverse impact upon neighboring lands; 3. The suitability or unsuitability of the tract for use as presently zoned; and 4. Whether the rezoning bears a substantial relationship to the public health, safety, morals, or general welfare. The power to amend cannot be arbitrarily exercised. It cannot be exercised merely because someone wants it done. Amendments can be made when the public good demands and requires it be done. When the adjoining landowners buy their land, they have a right to rely upon the classification which existed at the time the purchase was made. Some possible factors for the Council to consider in determining if spot zoning exists are the following: 1. Have the structures in the area declined or changed? 2. Has the neighborhood or area changed from one use to another? 3. Has there been a traffic flow change? 4. Will this change conform to the Comprehensive Plan? 5. Are there any other pieces of property available for this use? 6. Will the change be compatible with existing property uses in the area? 7. Will the change increase traffic in the area? 8. The size, shape, and characteristics of the tract. In relation to the surrounding area, will the zone change be a zone change not conforming to adjacent uses or would it fit in with the Comprehensive Plan? 10. Can the public works infrastructure support the proposed change? 11. Can the Planning and Zoning Commission or city Council restrict the proponents zone change to a particular kind of activity? No. If you mean - can I restrict a zone change request say for C-3 General Commercial District for a commercial s1ake\zonin9.9de(21992) A -;-3 art gallery, to just a commercial art gallery? Once the (W property is zoned for a particular use, all uses that are allowed in that district may be placed on the property. This should be considered when property is rezoned. Sometimes a proponent is unable to complete a sale, due to no fault of the proponent. The property would be rezoned and could be bought by a new owner and used for anything allowed in the C-3 district. The City Council may of course restrict the use of property to limited, specified uses under an S-P-1, S-P-2, or PUD zoning district. These districts allow the City Council to tailor -fit the zoning ordinance to the property and its surroundings. 12. Can structural restrictions be placed on the zone change? I q- No. Special physical conditions such as fences, hedges, lighting, etc., cannot be required as a condition of a zone change unless specifically authorized in the zoning ordinance. Many of these conditions, however, are specifically authorized in conjunction with site plan approval for S-P-1, S-P-2, PUD, and other uses. 13. Can we bargain with or enter into an agreement with the proponent to get safeguards we desire before zoning the property? No. Contract zoning is not allowed in Texas. Contract zoning occurs where the Planning and Zoning Commission or City Council bargains with the landowners to allow favorable zoning if the landowners will do certain things. The reason this approach is illegal is that zoning is a governmental function that cannot be contracted away. The more that conditions appear to be part of a contract, the more likely it is the zone change can be challenged. Conditional zoning, unlike contract zoning, has become accepted in Texas, and would allow the Planning and `-Z-dning Commission or the City Council to place conditions on uses of property, as in the S-P-1, S-P-2, and PUD districts. 14. Can the Planning and Zoning Commission initiate a zone change? Yes. The City's Comprehensive Zoning Ordinance authorizes either the Planning and Zoning Commission or the City Council to initiate a study to see if land should be rezoned. This study and rezoning may take place even if the proponent is opposed to the change. slake\zoning.9de(21992) 15. Is a super majority vote ever required to approve a zoning change? Yes. The city's Comprehensive Zoning Ordinance provides that a three -fourths (3/4) vote of the City Council is required to approve a zoning change that has been recommended for denial by the Planning and Zoning Commission. In addition, state law requires a three - fourths (3/4) vote of the City Council to approve a zoning change that has been protested in writing by the owners of twenty percent (20%) of the land covered by the proposed change or the land within 200 ft. of the proposed change. 16. What is the relationship of planning to zoning? The zoning regulations must be made in accordance with the City's Comprehensive Plan. Changed conditions such as noted in the discussion of a spot zone must be shown to justify a zone change. The logical way to show that the public health and welfare necessitates a change is through a plan or study. Planning and Zoning must therefore go together. 17. What is a Comprehensive Plan? The State Zoning Enabling Act requires that zoning (W regulations be adopted in accordance with a comprehensive plan. A comprehensive plan analyzes the community's growth and development trends and potential, determining the most desirable direction for growth, and takes into consideration the availability and necessity of transportation, utilities, schools, parks, capital improvements, and other community services necessary to accommodate and facilitate the delsired land uses. The comprehensive plan might be likened to a planning process, whereas the zoning ordinance and zoning map operate to implement that planning process. The comprehensive plan formulates the goals of the city regarding land use and serves to guide the Planning and -Zoning Commission and City Council in how to zone property within the city. It should be remembered that the comprehensive plan should always be reviewed and respected by the Planning and Zoning Commission and City Council in making a rezoning decision. However, the comprehensive plan is not etched in stone and does not bind the City in making zoning decisions. In Southlake, the City's Comprehensive Plan consists of a Land Use Plan, a Water System Plan, a Sanitary Sewer System Plan, a Storm Drainage Plan, a Park System Plan and a Major Thoroughfare Plan. ;Typically, a comprehensive plan will also contain transportation and other public' improvement elements. q4,,-42:F_ slake\zoni ng.gde(21992) Platting ouestions 1. Can a plat be tabled? No. Under state law, a plat is automatically approved if it is not disapproved within 30 days after it is filed. Therefore, unless consideration of a plat is continued upon the request of the applicant, the Planning and Zoning Commission must disapprove the plat within that time period. otherwise, it will be approved by operation of law. 2. Can a plat that is disapproved be considered at the neat meeting? Yes. There is no time period that you must wait before asking for reconsideration of a plat. of course, all filing and notice deadlines must be complied with in order for the Planning and Zoning Commission to review a plat which is resubmitted. 3. Can a plat be approved subject to staff working out certain problems? No. The plat must be approved or disapproved with specific ,conditions set out. If, for example, the only defect is that the proponent failed to sign the plat, it may be approved subject to this specific blank being filled in. If a road is, by oversight, not put in from a specific point to a specific point, the plat may be approved subj ect to it being put in as set out in the motion. If a mere ministerial act has not been completed, the plat may be approved. Plats not filled in and not completed may not be approved subject to working out the details. The Planning and Zoning Commission cannot delegate to the staff its responsibility to ensure that the plats conform to the general plans, rules, and regulations of the city gzverning streets, alleys, parks, and other community facilities. 4. If a plat conforms to all the laws, must the Planning and Zoning Commission approve the plat? Yes. If the plat conforms to the general plan of the city, its streets, alleys, parks, playgrounds, public utility facilities, sewer, water, and all general rules and regulations governing plats, then it shall be the duty of the City Planning and Zoning Commission to approve the plat submitted. slake\zcning_gde(21992) S. If a plat is denied by the Planning and Zoning Commission, can it be approved by the City Council? Yes. The Planning and Zoning Commission makes a recommendation to the City Council on each preliminary and final plat submitted to the City. The City Council has final authority on the approval or disapproval of any plat. Unlike zoning applications, a simple majority vote of the City Council is all that is necessary to approve a plat that has been denied by the Planning and Zoning Commission. 6. Is a super majority vote ever required to approve a plat? Yes. Under state law, certain residential plat revisions require a three -fourths (3/4) vote of the Planning and Zoning Commission and City Council in order to be approved. This super majority vote is only required if a written protest is filed by the owners of twenty percent (20%) the area of the lots or land in the original subdivision which is within 200 ft. of the proposed plat revision. ��- .tQ• ��7i� 4�?�.-O'!2 �� .�iJq� �-or�..�. a r_.. .- G.d, -L�2. P, l' A4 ate- A At `r'-`� � Cq con -,1- qa -,A7 jazt� G-� waz& City of Southlake, Texas RECEIVED APPLICATION FOR APPQPCEAJ�NT TOJUN 0 71994 SOMMAKE BOARDS AND CONSUSSIONS CITY SECRETAR APPLICATION FOR APPOINTMENT TO: (Name of Board, Commission, or Committee) use a sepa ate application for h appointment des NAME: �� ►'� �. P F1FC.1 !') (2�1 ADDRESS: �7 n.q oo Y- e- HOME PHONE: YEARS IN CITY: EMPLOYER: O Y1 6, PHONE: Current and/or previous board, commission, or committee experience in the City of Southlake: y � n y') E, Reasons for desiring to serve on this board, commission, or committee, and your opinion as rA clos the p p, goah , �� and duties same: e Qualifications and experience that would assist you n� rY'ing in th,i positiy P ear ✓ prk � l� SS c — ( _ c Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? t ;�—:- S Additional inf Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. Signatur 1129,v If additional space is needed, attach to this application la, City of Sou(Make. Texas DECEIVED CAMN FOR & 1'O TO S A .'ROARDS AM" OM1vrY,�.�r(�NS AN 0 2 t5%0 • CITY SECRETARY APPLICATroN FOR APPDXTTMENT TO: (Name of Board, Commission, or 1 Comzittee Planning and Zoning Commission use a separate app cation for each appo n ent es red NAMEt Richard F. (Rlck)•.bahlson ADDRESS: 1406 WedRewood Court HOME PHONE: 817/424-1066 YEARS Ili' CITY: 2 months EMPLOYER: Jackson & Walkers L.L.P. PHONE.- 214/953-5896 current and/or previous board, commission.. or committee experience in the City of South -lake: none. Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: See attached Answer'1 Qualifications and experience that would assist you is serving in this position: See attached Answer22 Do you understand and agree that your regular attendance and active support are requited as an appointee and that noneompliance could result in removal from the board? Yes, and I am ready to yAke the commit Additional information or comments? please retUrn this oomplated form to the city Secreta.ry•a office. Each applicaypDn Drill,,be kept an file for one (1.) year. te: June 2, 1994 If additional space is needed, attach to this application lit -a9 Attachment to Application Answer 1 I had previously lived in past Dallas for seven years and, after an exhaustive fifteen month search, determined that Southlake was the most desirable place to live in the Metroplex. Why Souddake? (1) excellent schools; (2) small town (eonununity) environment; (3) location; and (4) an opportunity to build the infrastructure for a prosperous, well planned city. Southlalm, with its raw natural resources and beauty, is in an enviable position to build a city from scratch. Soudilalce is now facing the challenge of building a city by mixing Commercial, residential and agricultural uses. A master plan needs to be developed and, more importantly, implemented. Traffic flow must be considered. The needs and wants of the community must be discussed. Only through active participation by the citizens of Southlake and the well informed and reasoned decisions of the members of the Planning and Zoning Commission and the City Council can the optimum plan be developed and implemented. I believe that the Planning'and Zoning Commission must adopt a master development Plan and, in so doing, listen, discuss, analyze and decide the zoning and planning needs of Southlake. I would like to be an active part of this. Answer 2 My business and legal education and experience has helped develop my skills to listen, ask questions, reason, rationalize and make decisions. I learn quickly and am decisive. I believe in the development of business (I serve on the Dallas Chamber of Commerce Small Business Executive Council), but also believe in the need to develop the residential sector of Southlake. I am married and have two young children and intend to live in Southlake for a long, long time. These factors point to the primary reasons why I should be appointed to the Planning and Zoning Commission; I am extremely interested in, and capable of, serving and I will be very committed to my responsibilities and dutie& sssoo City of Southlake, Texas i APPLICATION FOR APPOREI NT TO RECEIVED SOLUMAKE BOARDS AND COM MSSIONSFEB 2 5 1994 i CITY SEMETAAY�J APPLICATION FOR APPOINTMENT TO: (Name of Board, Commission, or Committee) i (),LAtJ,U1 AJ G /�icJd Z d ,cJ/ NG �oh-try i. �o,cJ use a separate application for each appointment de: NAME: �iN % i4L[%/L 6. f Iy A 6S . %' . ADDRESS: /ZI-0 HOME PHONE: 8/1 '�f'f CD 7/ YEARS IN CITY: EMPLOYER: �jlJ,C_ S S[),t�S PHONE: 314-4171- kODO Current and/or previous board, commission, or committee experience in the City of Southlake: AjoV� Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: ,SEE ,9-7-rqe A4E8 Qualifications and experience that would assist you in serving in this position: 1;7-r4e�.t6E,4 Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board?E S Additional information or comments? Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. Signature: Date: If additional space is needed, attach to this application SEE /97`,-qd 0 / ,r--AJ T sv- �- 6 ( \--C� k4%1% - GHQ l0 APPLICATION FOR APPOINTMENT TO: City of Southlake Planning and Zoning Commission February 24, 1994 i Arthur G. Hobbs Jr. 1404 Chimney Works Dr. Southlake, Tx. 76092 817-481-6718 It is my sincerest hope that the purpose, goals and duties of the Planning and Zoning Commission are to conscientiously provide the City Council with the best possible research information for both the short and long term growth of the city placing the highest regard on residential, commercial and retail growth in harmony with each other and the environment while providing the necessary plan for an infrastructure to accommodate that growth. It is my desire to serve the City of Southlake in the accomplishment of this goal and make Southlake the Pride of the Mid -Cities. I feel that my 22 years in "Corporate America" in the field of product management, engineering and marketing provide the foresight, planning and negotiating experience necessary for this position. To illustrate these skills, as 1993 President of the largest aftermarket automotive organization, "The Mobile Air Conditioning Society", I corroborated with many local and state government agencies and testified at U.S. Senate hearings for the preservation of the environment in relation to the elimination of CFC's (chloroflourocarbons) and the protection of the ozone layer. My personal commitment to the environment has led to many projects in conjunction with the EPA. In October of 1993, in Washington D.C. I was awarded the EPA Stratospheric Ozone Protection Award for my work on ozone depletion. At a local level, I am currently Vice -President of the Chimney Hill Homeowners' Association have become involved in the Coalition of Southlake Neighborhoods and hope to transfer this involvement to the new SPIN program. slke 9a -52, FROM IHEDM 214 e20 42e9 1994.06-07 16:01 #390 P.02/02 RECEIVED PLANNING AND ZONING i " U 7 1994 COMMISSION CITY SECRETAR NAME: Michael Lease YEARS IN CITY: 4 yrs. ADDRESS: 370 South Peytonviile Ave. HOME PHONE: 481-9527 EMPLOYER; MEDCO Construction PHONE: ( 214 ) 820-2492 An affiliate of Baylor Health Care System Current and /or previous board, commission, or Committee experience in the city of Southlake: I attended The Leadership Southlake Program in 1991-02. For the past four years I have been active in the Carroll Elementary School Cub Scout Pack 982. From 1990 through 1992 1 was a Den Leader, and from 1993 through 19941 was Cub Master for the Pads. Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of seine: I have an obligation to serve my community. I feel that the Planning and Zoning Board serves as the regulatory tool for the city council. It is an important commission and that should not be held solely for the purpose of curbing growth or promoting growth. It is instead a commission that should make recommendations to regulate and control the growth of our community as directed by the citizens that are directly affected by any zoning change. Qualifications and experience that would assist me in serving in this position: i believe that my years of experience in the general construction industry as well as my experience as a custom home bulkier will be useful on the board and 1 also hope that 1 can bring some of my leadership and management skills to the board. Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result In removal from the board? - Yes I do understand that my regular attendance is required. I have given this much consideration prior to making this application. Signature. W"-ezkvx� Date: June 07. 1994 City of Southlake, Texas MEMORANDUM June 17, 1994 TO: Honorable Mayor Fickes and Councilmembers FROM: Sandra L. LeGrand, City Secretary SUBJECT: Appointments to the Zoning Board of Adjustments Z1i Resolution No. 94-31 allows for the appointment of two members and Alternate #1 to the Zoning Board of Adjustments. This board consists of five (5) members with two (2) alternates. I have attached the applications for these appointments, as well as the letters from current members who wish to be reappointed for another term. Council has had the opportunity to interview each of the applicants. If you have questions, please do not hesitate to contact me. 114660 /sl memolres94-31%oards and comm\sl City of Southlake, Texas RESOLUTION NO. 94-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake has a Zoning Board of Adjustments as stated in the City Home Rule Charter, Chapter XI, Section 11.02; and, WHEREAS, the Zoning Ordinance No. 480, Section 44, calls for a five (5) member board with two (2) alternate members; and, WHEREAS, currently the two year terms of two (2) members and one (1) alternate member have expired; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All the findings in the preamble are found to be true and correct and the City Council does hereby incorporate said findings into the body of this resolution as if copied in its entirety. Section 2. The terms of members, Fred Joyce, Dennis Minder and Alternate #1, Sharon Hobbs, have expired. Section 3. Under this resolution, the following persons are hereby appointed to the Zoning Board of Adjustments for terms to expire in June, 1996: 1. 001 C-#,- 2. OA ► 3. pc"w Section 4. This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE 21ST DAY OF JUNE, 1994. Resolution No. 94-31 page two ATTEST: Sandra L. LeGrand City Secretary cc\mkbofa\sl 0 CITY OF SOUTHLAKE, TEXAS m- Mayor Gary Fickes 06-02-94 01:41PM FROM JOYCE-MYERS ENT. P02 FRRED JOYCF - MAR,Y MYER.S ENTERPIUSES, INC. 1017 William D. Tate Ave. Grapevine, TX 76061 Office Phone: (817) 481-3616 Mobile Phone; (817) 475-1812 Fax: (817) 481-4593 RECEIVED CITY SECRETAR tJ June 2, 1994 City of Southlake 667 North Carroll Ave. Southiake, TX 76092 Attention- Sand Le and, City Secretary y gT Dear Me. Legrand: This letter serves to notify you of my willingness to serve another term on the Zoning Board of Adjustments for the City of Southlake. Sincerely, 4FreWdJ e aA4 RECEIVED la 12,1 9 Y �uN 0 2 1994 SWRETAR4i (60., M-of--- City of Southlake, Texas CITY MANAGER MEMORANDUM W-/ we June 17, 1994 TO: Honorable Mayor Gary Fickes and Councilmembers FROM: Sandra L. LeGrand, City Secretary SUBJECT: Appointment to Park and Recreation Board Resolution No. 94-32 allows for an appointment to the Park and Recreation Board. Currently there is a vacancy (left vacant by Donn Renwick). The board has nine (9) members who serve three (3) year terms. This appointment is for an unexpired term, to expire in May, 1996. I have attached the applications which I have received to the board. Most of the applicants have been interviewed by the City Council this year. If you have questions, please give me a call. /1 memoVa%-32\boa & and comm\sl * 4 City of Southlake, Texas - RESOLUTION NO. 94-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MEMBER TO THE SOUTHLAKE PARK AND RECREATION BOARD TO FILL AN UNEXPIRED TERM; PROVIDING AN EFFECTIVE DATE. WHEREAS, a Parks and Recreation Board was created for the purpose of Planning and Development of Parks and Park sites within the City of Southlake, for the use and benefit of its citizens; and, WHEREAS, the Park and Recreation Board shall consist of nine (9) members, to serve three (3) year staggered terms; and, WHEREAS, currently one (1) unexpired term currently exists; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in its entirety. Section 2. That , is hereby appointed to fill the unexpired term, to expire in May, 1996. Section 3. That the appointment is to be effective on the day of approval of this Resolution by the City Council. PASSED AND APPROVED THIS THE 21St DAY OF TUNE, 1994. CITY OF SOUTHLAKE, TEXAS BY: Mayor Gary Fickes ATTEST: Sandra L. LeGrand City Secretary cc\r"\pa&3\a1 qd �� n City of Southlake, Texas RECEIVED APPLICATION FOR APPOINTMENT TO F E B 2 1 1994 X" SOUTIILAKE BOARDS AND CoAl"USSIOW Y SECRETARY APPLICATION FOR APPOINTMENT TO: (Name of Board, Commission, or Committee) 995 Co 1WX1 i ss/o A/ a separate application for each appointment des NAME: ADDRESS: HOME PHONE: Gov . YEARS IN CITY: Z •SOO" EMPLOYER: 4W Current and/or previous board, commission, in the City of Southlake: :rcc i�l//G 4 L J PHONE: or committee experience Reasons for desiring to serve on this board, commission, or committee, and your opin * n as to the purpose, goal , and duti s of same: 1 llTf_Qt_ST IV a.� t i rfillXt 1IU 1Lc�� lifications and exp serving in Do you umaerstand and agree that your rdgular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Additional information or comments? Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. 0 qaA signature: te: Z ZI14qV If additional space is needed, attach o this application City of Southlake, Texas i RECEIVED APPLICATION FOR APPOINTMENT TO 4 SOUT HLAKE BOARDS AND COMIVIISSIONS i � � 19;I CITY SECRETAI APPLICATION FOR APPOINTMENT TO: (Name of Board, Commission, or Committee) use a sep NAME: ADDRESS: appli5ation for each appo HOME PHONE , - ��/� � YEap c Trr CITY EMPLOYER: , ��% O4 L PHONE: 7 / s Current and/or previous boar , commission, or committee experience in the City of Southlake: 4 JW- Reasons for desiring to serve on this board, commission, or committee, and IRV` ni n as to thepurpose goals and duties of s �'' Qualifications an ;ex;p�eWr*etljat would t �/��9 i� th�� ,e • Do you understand and agree that your regular attendance and active support are required as an appointee,and. that noncompliance could result in removal from the board? � Additional information or comments? Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. Signa Date: r� 9 If additional space is needed, attach to this application City of Southlake, Texas RECEIVED APPLICATION FOR APPOINTMENT TO M AY 3 1 199� SOUTHLAKE BOARDS AND COMAUSSION ITY SECRETARY APPLICATION FOR APPOINTMENT TO: Committee) /"? 1(� 4 �0� use a separate application (Name of Board, Commission, or or each appo NAME:- s I olio /Y . IWOVX ADDRESS: —�o (, /rJG !( C % S �fTh' L 7 T HOME PHONE: yA>/ _ Zl 88 YEARS IN CITY: %U EMPLOYER: %� l3 c o .✓ j o t s —.s PHONE: 21 A3 2 -1Soi Current and/or previous board, commission, or committee experience in the City of Southl/eke: Reasons for desiring to serve on this board, commission, or committeend yo r opinion a to th pals, gals, and duties of same: O_ -� -T- is posi that would -ass in meryimQ_in Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could resUlt in r ^=oV: l fr-W the Additional information or comments? --�� Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. signature: Date: 17 If additional space is needed, attach to thA application f— City of Southlake, Texas I , AYPL CATY N FOR A.PPOEM-I�LENT TO RECEIVED _ SOUTHLAI; ' BOARDS AND CoWnSSIONS AN 10 19.21y CITY SECRETAR j APPLICATION FOR APPOINTMENT TO: (Name of Board, Commission, o Committee) Southlake Parks Board use a separate applicai NAME: James P. Burger Sr. ADDRESS: 1041 Summerplace Lane or each appointment des HOME PHONE: (817) 421-1439 YEARS IN CITY: 13 EMPLOYER: IBM PHONE: (214)402-5688 Current and/or previous board, commission, or Committee experience in the City of Southlake; None Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: _The mgin purpose of the board should be to provide organized and constructive activities for the children and adu is of our city to par ould have them feeling an enjoyable constructive sense of - accomplishment once they have participa ed in Me activities. Qualifications and experience that would assist you in serving in this position: See Attachment Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? _—yes Additional information or comments? See Attachment Please return this completed form to the City Secretaryfs Office. Each application will be kept on file for one (1) year. Signaturle4 If additional spade is te: June 10, 1994 attach to this application TATNi P C1 Qualifications: 1977-78 Ohio Big Brothers program volunteer 1981-94 D/FW IBM Club volunteer 1985 D/FW IBM Club Secretary 1986 D/FW IBM Club Vice -President 1987 D/FW IBM Club President 1991-94 Grapevine Soccer Association coach 1991-92 Dallas Special Olympics volunteer 1992 Southlake Youth Basketball coach 1993 Southlake Youth Baseball coach 1993-94 IBM Adopt -A -School program - Schulze Elementary The D/FW IBM Club is a non-profit organization established for the purpose of offering education, social, athletic and recreational programs for approximately 6,000 IBM Corporation employees and their families in the Dallas/Fort Worth Qe metropolitan area. I have been the sports commissioner for golf, tennis, basketball, softball, and volleyball. These leagues were offered two to three times a year and several were active during the same time. Duties involved league organization, scheduling, handicapping, arranging facilities throughout the metroplex for the leagues to play, resolving game protests, contracting officials and umpires and the annual year-end sports banquet and awards. These activities were performed along with my normal business duties and responsibilities. I strongly believe the programs offered for children should be managed for the enjoyment and education of the children who participate in them. The programs should be conducted in a professional atmosphere where any league, officials and parent negotiations and resolutions should be conducted at the appropriate time and place and not during the games where the children are affected. C.. fe, - 7 I also have a sincere concern for the safety of the children using the city facilities. There should be city, board, community, QW, and parent awareness regarding this matter and an effort should be put forth to solicite volunteer adult participation in ensuring the facilities are maintained for everybody to enjoy. James P. Burger Sr. ` City of Southlake, Texas MEMORANDUM CITY MANAGER June 17, 1994 TO: Honorable Mayor Gary Fickes and Councilmembers FROM: Sandra L. LeGrand, City Secretary SUBJECT: Appointments to Teen Court Advisory Committee The Teen Court is a volunteer program which allows juvenile misdemeanor offenders an alternative to the criminal justice system, and the opportunity to assume responsibility for their own actions by involvement in the judicial process and community service. The Teen Court Advisory Committee is comprised of nine (9) members: one (1) City Council member; two (2) citizens appointed by the City Council; and, one (1) member of the Carroll Independent School District staff; one (1) member of the CISD Board of Trustees, to be appointed by the Superintendent of Schools of the CISD, on an annual basis. Upon application to the board, four (4) students from Carroll High School are selected by the board. Andy Wambsganss currently serves as representative from the City Council. Sally Hall and Cathy Turner were the citizens appointed by the City Council. Cathy Turner has indicated that she would like to be considered for reappointment to another year on the board. I have not received any applications specifically for this board, however, possibly one of the applicants for another board would be interested in serving in this capacity. If you have questions, please give me a call. me=\mz 43a\bou& and comet\st qd-1 City of Southlake, Texas RESOLUTION NO. 94-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE TEEN COURT ADVISORY COMMITTEE FOR A ONE (1) YEAR TERM; PROVIDING AN EFFECTIVE DATE. WHEREAS, Teen Court is a volunteer program which allows juvenile misdemeanor offenders an alternative to the criminal justice system; and, WHEREAS, Teen Court allows juvenile offenders the opportunity to assume responsibility for their own actions by involvement in the judicial process and community service; and, WHEREAS, Teen Court brings juvenile offenders to a jury of their peers and to the community for constructive punishment which will provide the youths with an understanding of their judicial system and a realization of their rolls in their community; and, WHEREAS, Teen Court Advisory Board is comprised of nine (9) members: one (1) City Council member; two (2) citizens appointed by the City Council; and one (1) member of the Carroll Independent School District staff (CISD); and one (1) member of the CISD Board of Trustees, to be appointed by the Superintendent of Schools of the Carroll Independent School District, on an annual basis. Upon application to the board, four (4) students of Carroll High School are selected by the board; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All the above premises are found to be true and correct and are hereby incorporated into the body of the resolution as if copied in its entirety. Section 2. The members appointed by the City Council include one (1) City Council member and two (2) citizens at large. 1. Councilmember 2. 3. Section 3. The Resolution is to be effective on the day of approval by the City Council. Resolution No. 94-34 page two PASSED AND APPROVED THIS THE 21ST DAY OF TUNE, 1994. Mayor Gary Fickes ATTEST: Sandra L. LeGrand City Secretary ec\rcs\teen court\sl City of Southlake, Texas CITY MANAGER MEMORANDUM June 17, 1994 TO: Honorable Mayor Gary Fickes and Councilmembers FROM: Sandra L. LeGrand, City Secretary SUBJECT: Appointment to Joint Utilization Committee QUC) The City Council of the City of Southlake, formed a Joint Utilization Committee to work with the City and Carroll I.S.D. staff in developing an implementing joint use projects. It has been established that the committee is to consist of at least five (5) members, with two (2) members appointed by the City Council and two (2) members appointed by the C.I.S.D. Board of Trustees with at least one (1) of each of those individuals being a Councilmember and a board member, and the Chairperson of the Park and Recreation Board serving in an ex-officio capacity. Currently the two members appointed by the City Council are Rick Wilhelm, and Stephen Apple who serves as Council representative, having a year left on his term. I do not have applications for this position, however, staff feels Rick Wilhelm would be interested in serving again. I left a message for Mr. Wilhelm, but have not heard from him regarding this appointment. If you have questions, please give me a call. &46te' — /sl memo\rea94-35\boar& and comm\al City of Southlake, Texas — RESOLUTION NO, 94-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUT ILAKE, TEXAS, APPOINTING A MEMBER TO THE JOINT UTILIZATION COMMITTEE (JUC). PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas, formed a Joint Utilization Committee to work with City and Carroll I.S.D. staff in developing an implementing joint use projects; and, WHEREAS, it has been established that the committee is to consist of at least five (5) members: two (2) members appointed by the Southlake City Council and two (2) members appointed by the Carroll I.S.D. Board of Trustees; at least one (1) of each of those individuals being a Councilmember and a board member; and the Chairperson of the Parks and Recreation Board serving in an ex-officio capacity; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2. The City Council desires to appoint the following member to serve on the Joint Utilization Committee: 1. w\ (A 2. Councilmember Apple (1 year remaining) Section 3. This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE 21ST DAY OF JUNE, 1994. CITY OF SOUTHLAKE, TEXAS 1"' ATTEST: Sandra L. LeGrand City Secretary CC\MSvuc\Si Mayor Gary Fickes City of Southlake, Texas CITY MANAGER MEMORANDUM June 17, 1994 TO: Honorable Mayor Gary Fickes and Councilmembers FROM: Sandra L. LeGrand, City Secretary SUBJECT: Appointment as North Central Texas Council of Governments Voting Representative. Resolution No. 94-36, designates the North Central Texas Council of Governments Voting Representative from the City of Southlake. Currently Mayor Fickes serves as Southlake's designee as voting representative. Under the Bylaws of the North Central Texas Council of Governments, each member government is entitled to one voting representative on the General Assembly. The representative must be an elected official selected from the governing body of the member government. The voting representative serves as liaison between the local government and the Council of Governments; receives special publications and announcements from NCTCOG; and is eligible to vote on proposed Bylaws amendments and for candidates to serve on the Executive Board. If you have questions, please give me a call. memo\ms%-36\cog-mp\e1 Under the Bylaws of the North Central Texas Council of Governments, each .member .government is entitled to one voting representative on the General Assembly. The representative must be an elected official selected from :the governing s -body of the member government. The voting representative serves as liaison between the local government and the Council of Governments; receives special publications and announcements from NCTCOG; and is eligible to vote on proposed Bylaws amendments and for candidates to serve on the Executive .Board.. A city or county official must :be a ' designed voting representative in order to be considered for service on the .Executive Board. ,, F . Since some voting representatives may have retired from office — or some ;member `governments may wish to select a ' . different representative from the one now serving — it has been NCTCOGb : practice to attempt to re -certify voting t, representatives on an annual basis. This is usually accomplished immediately'foNowing the municipal elections (pending any;; necessary runoffs). Therefore, we are requesting the designation of your official voting representative to NCTCOG. The y ! ::option is available to list your, existing representative — without: formal reappointment'- unless -he of she is no Clonger in office.: Please return form to: NCTCOG P. O. Box 5888 �� ! Arlington, TX 76005-5888 ! City of Southlake, Texas MEMORANDUM �,,• June 16, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Sandlin Estates, Final Plat Extension Attached please find a copy of a letter from Mike Sandlin requesting an extension of the Final Plat of Sandlin Estates. This plat was approved by the City Council on January 5, 1993. I have also attached a copy of Section 4.01(I) from the Subdivision Ordinance regarding such extension. As you may recall, the Council approval of this plat required a 50' R.O.W. Reservation West from Chapel Downs Drive approximately 450' into the site and then turned due North to the North property line. Since that time the C.I.S.D. has purchased the property to the North with intentions of building a school on it. The C.I.S.D. Superintendent has told Staff that they have no intentions of continuing a road through their property (see attached letter). Should Council decide not to grant an extension of this plat, the Applicant would be required to resubmit a Final .Plat. (The Preliminary Plat, approved also on 1/5/93, is valid for two years.) Council may wish to consider directing Staff to notify owners within 200' of the Final Plat even though it is not required, due to the previous interest expressed on this issue. Should the City Council decide to grant the request, a vote to approve the extension for a one year period needs to be reflected in the minutes of the City Council. Val KPG enc: Letter from C.I.S.D. C AWPF\MEMO\STAFF\SANDLINXPG MIKE SANDLIN HOMES RJUN 5137 Davis Blvd. Ft. Worth, Texas 76180 1994 817/281-3509 6/39c/ N� �e � : 5•�'l n�d� /ram /= s T,9i i� S 4eclk y�grPC/Ul TI115 / 5 �0Y �elaeJ7- 77 wr-:: NOD lie ��,� New aQCi96,y To -I?fE" 11#7- GlJ/G �, 0)(AICIL qG�.r•9. 10A-z w iTh' m77/ 7-/-I� v Residential & Commercial construction, land development, investments and remodeling I. Expiration of Plats: 1. Preliminary Plat: A Preliminary Plat shall expire two years from the date of approval. Said expiration date shall be extended one year from the latest date of filing a Final Plat on a portion of said Preliminary Plat in the County Plat Records. 2. All other plats: A Final Plat, Plat Revision, Amended Plat or a Plat Showing which has not been recorded in the County Plat Records within one year of the date of approval shall expire. 3. Extensions: The City Council may extend the expiration date of an approved plat upon written petition for such extension by the owner prior to the expiration of the plat but not to exceed one (1) year. (444�w 4. Resubmittal: Upon the expiration of a plat, the applicant must proceed through the applicable process in its entirety, to include fee submittal and the review process. 5. It shall be the applicant's responsibility to monitor the timing of the plat and the potential for expiration. /0 4-3 W _ I O Y � I I 4 I ^ / W N I V Z� I I .cz•�u n i s rlvn � i I QI rl N Ib Z ZI d N I IN l v O o . 1 I' 1 I 1- I it I1 1 I II II II i w I 1 I II 1 I I� 1 I 1 I, II I I I N' (n � E ~}zEEg: d z.z ,S9 a o uua , 3aa J c R = s s s 3 3-t t, 15 Ij ea r= S i qp ??1 : ii : i : Tj?�: L T T : T� ICI t 153 a • i-a i i i i i S_ ?_i �i: si::s:s-::si:;::sis? E!� - � ! �3PP!i_:=r�i!�i�s�!�tlilils�ii.i►ie_ 'p,:_ 6 ssa`-l'17 ci 1 0 OnRROLL INDEPENDENT SCHOOL DISTPdGT 1201 N_ CARROLL AVENUE • SOUTHLAKE. TEXAS 76092 . (817) 481-5775 WILUMm R. BRANUM SUPEWNTENUEHI MICHAEL MUAPHY AS,giMANTSUPERWEMOtN310,9 RICMUM "Hears of the Cjdf&n `Tiurngk" June 17,1994 Mayor Gary Fickes and Council Members City of Southlake 667 No. Carroll Ave. Southlake, TX 76092 (*,,,,)ear Mayor Fiekes and Council Members: STEVEJOHNSON EXFQUIIVi: MArCTOR OFSPECIALSERVICES KhREN HOUSE OIInu; I ON OF ANAWML SCRVICCE It has recently been called to my attention that, originally, a road was planned to be developed under the Sand]in Estates Plat to extend through property owned by Carroll Independent School District for the purposes of developing an elementary and intermediate school. A portion of this property is also earmarked for schooitcommunity joint utilization regarding soccer practice fields, etc. I respectfully request that you understand we were not involved in the original decision -making process. Furthermore, we do not plan to build a road through our property on Shady Oaks. I request that you delete the stub out as originally projected. It is essential that we have the entire 30 acres to utilize for educational and joint - use purposes. Thank you very much for your attention to this request. Please let me know if I need to do anything further in this regard. Sincerely, William & Branum rJUN nr�171994 !l City of Southlake, Texas MEMORANDUM June 17, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Developer Agreement for Southlake Hills East Addition Attached is the Developer Agreement for Southlake Hills East Addition. This Agreement contains the standard requirements for the provisions of water, streets, drainage and the usual requirements relating to performance and payment bonds, maintenance bonds, inspection fees, and park fees. Some of the details to be acknowledged are as follows: • Page 3, letter d: has the additional wording "holidays, and after normal working hours." This has been added to defray some of the overtime costs for inspectors. • Page 9, part A. SEWER PRO-RATA: Sewer pro-rata has not been determined, however, should pro-rata be required, the Developer will pay prior to construction. • Page 9, part B. PARK FEES: The Developer agrees to pay the park fees in conformance with Ordinance No. 483. The required park fee is $9,000. Please place this item on the Council's June 21st agenda for their consideration. If you have any questions, please contact me. Bob Whitehead Attachment: Developer Agreement wpfiles\memo\slhe. da SOUTHLAKE HILLS EAST ADDITION DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of the CC7' Addition, to the City of Southlake, Tarrant County, Texas, hereinafter referred to as the "Addition," for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the ° lots contained within the1''ak Addition and to the off - site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied. The remaining building permits shall be released as soon as the streets are complete. The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure within the Addition has been accepted by the City, and this will serve as an incentive to the Developer to see that all remaining items are completed so that final acceptance can be obtained. C. The Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best -rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letters of 146-z credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards -2- his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. I. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. -3- J. Any surety company through which a bond is written shall bea surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, approved by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year operation cost of street lights, which is payable to the City prior to final -4- A® -,I- acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of- way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be t made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON -SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. E. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer -5- agrees to use soil- control measures such as hay bales, silt screening, R hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. F. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. H. START OF CONSTRUCTION: Before the construction of the streets,and the water, sewer, or drainage facilities can begin, the following must take place: 4 I�Z-r 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre -construction meeting between Developer and City is required. I11. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for -7- any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in -8- /D6 9 the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. IV. OTHER ISSUES: A. B. PARK FEES: The Developer agrees to pay park fees in conformance with Ordinance No. 483 (Subdivision Ord.), Article VII, Park and Recreation Dedication Requirements. The Addition consists of 1 lots for a total required park fee of $ .0 C. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree preservation Ordinance 585. 0 146-10 SIGNED AND EFFECTIVE on the date last set forth below. Developer: Title: Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: -10- c:1 wpfrlesldevagreelslh est REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. -11- 146-iz