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1991-12-03 CC Packet City of Southlake,Texas M E M O R A N D U M November 27 , 1991 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest City Council Meeting 1. Agenda Item No. 5-A. Abandonment of access easement in Monticello. This action will fulfill our agreement with the developer, Larry Cole, to abandon the easement we required (for use by the TRA in installing the metering station on the Big Bear Creek Sewer Interceptor Project) until such time the streets were platted. 2 . Agenda Item No 5B. Resolution No. 91-47 . This action is in response to the request of the firefighters, made during the meeting attended by Councilmembers Hall and Wilhelm, Director Campbell, Deputy Director Jackson, and me, on Friday, November 8 . This action does not change anything, but reinforces the separate divisions as requested. �-- 3 . Agenda Item No 6A Public Appearance by Stephen and Karen Apple on behalf of Friends of the Southlake Library. They will be presenting the City with a check for $7 , 500 for library books. The city budgeted $5, 000 for this purpose. This will make a total of $12 , 500 available for purchase of books under our agreement with the City of Grapevine for FY91- 92 . 4 . Agenda Item No 7A Ordinance No 480-60 2nd Reading. Zone change request by Joe Kennel . This is straightforward. 5 . Agenda Item No 7B Ordinance No 544 2nd reading. Landscape Ordinance. Note request to table until December 17 meeting in order to give staff time to make revisions. 6 . Agenda Item No 7C Ordinance No 506 2nd reading. Sign Ordinance. This Ordinance, if approved, will be a major accomplishment. Note the difference in numbers between the ordinances on 7B and 7D. If my memory serves correctly, Mayor Fickes and Councilmember Wilhelm worked on this amendment to the current sign ordinance while they were both on P&Z. 7 . Agenda Item No 7D 2nd reading, Tri-County Rate Change. As mentioned in my agenda memo to you last meeting, the City of Southlake has original jurisdiction on electricity rate �... increases within the City. The Public Utility Commission (PUC) has appellate jurisdiction. You have the following options: Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 27 , 1991 Page 2 (1) vote to approve the request; (2) vote to deny the request; (3) vote to have the PUC exercise exclusive original jurisdiction; (4) do nothing with the request; (5) vote to suspend the rates for 90 days to allow an opportunity to study the rates. The City has 30 days from the date when the change would become effective (in this case, January 1, 1992) to hold a public hearing to determine the propriety of the change. Pending the public hearing, the City may send a notice to Tri- County Electric suspending the rates for a period of 90 days beyond the date that the rates will go into effect. If no final decision is made by City Council during this time period, the rates are deemed to be approved. According to our attorneys, the City also has the authority to fix temporary rates during the suspension period. Council acted to pass its original jurisdiction to the PUC. After discussing this with the City Attorney, we have questioned whether or not we can do this under the City Charter. The item is posted on the Agenda so that you can still take other action. The attorneys will have other avenues for your consideration next Tuesday. 8 . Agenda Item No 8A, 1st reading Zone change request by Jim and Beth Futch. Applicants have acted to withdraw their request. 9 . Agenda item No 8B and 8C Zone change requests by Bob Miron. These two items are related. The area in question fits the B- 1 and B-2 categories, especially since the "B" zoning categories were added to the zoning ordinance as a result of concerns by the residents of the Woodland Heights Subdivision. 10 . Agenda item No 8D Revised Development Site Plan for Conoco tract. Conoco is adding the building in order to store foam for firefighting purposes at the request of the Fire Services Division. 11. Agenda Item No 8E 1st reading. Weed Ordinance. The changes we discussed in the October 15th meeting have been incorporated. We have waited to bring this back for your consideration because of scheduling problems. 12 . Agenda Item No 8F Ordinance No 554 Creating Police Reserve and Auxiliary Fire Services. This ordinance will repeal Ordinance No. 140, which provides for the volunteer firefighters, and Ordinances No. 252 and 523 dealing with the police reserve, and incorporates the requirements in a single ordinance. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 27, 1991 Page 3 We may need to have a few minor revisions between first and second readings. We will carefully go through each provision as succinctly as possible. Ordinarily, we would not bring an ordinance of this type to you as a consider item the first time you have seen it, however, several Councilmembers have requested that we proceed. 13 . Agenda Item No. 9A. Resolution No. 91-44 . Timarron request for variance to masonry ordinance. Note that under our ordinance this is a public hearing, and that you need to be specific on the reasons for and the requirements and special conditions applicable to the request. 14 . Agenda Item No. 11A through 11D are discussion items, all of which have been previously discussed, which we will be bringing to you for consideration on December 17 . Other Items of Interest 15. Intersection of Kingswood and Randall Mill Road. The warning mirror at the intersection was stolen recently. Public Works Director, Mike Barnes, has recommended that we place a flashing double light (each direction on Randall Mill and on Kingswood) at this intersection due to the hazard at the location. The light will be on span wire/telephone poles according to the Manual of Uniform Traffic Control Devices. This is the best solution to the problem at this time. 16. Please note the enclosed article by Mayor Fickes in the Southlake Journal . The Mayor sent a copy to the Grapevine Sun and the Star-Telegram. 17 Note the memo from Chris Terry concerning the Employee Awards Banquet. Please complete the lower half of the memo and return. 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U~0K :�j cca, ^ � Ec ;A0 ' F o a) •'�oU`°�,Tv�c� 'u E0 y cts c 0 . ° c w0 o E d cc "0 c en O E_ 7 U o•j °`o s'CUcUC..0 m. C c � U o c > �W Ua � ° ° U. ' E � ° a >, o ° _ ._ � o c� o cy E d a oUQ ^ 0w c U � a E a a.- c >oE3yc tz - oo i �•.EEE -0E �v `° a' �. � U " U � oeic � c w cca d a G O cca b ' J s T N O p UU v ` ��~+ c>a C = U C C .r � caE .� �, (a Q cn U 3 c� R cd 3 s co o ..U v� Cs'> a 'y City of Southlake,Texas Rev. 11/91 PLANNING AND ZONING COMMISSION Term Expires Joe Wright, Chairman Work 481-2594 5/92 1640 Brumlow, Southlake, 76092 Home 481-1445 Bob Dowdy 5/93 1018 B. Diamond Blvd. , Southlake, 76092 Home 488-4889 Lawrence B. Samartin 5/92 1211 Timber Court, Southlake, 76092 Home 481-1285 Michael Richarme Work 735-0447 5/92 1347 Estella Way, Southlake, 76092 Home 488-4863 Stephen Apple Home 481-5490 5/93 2819 Rainforest Ct. , Southlake, 76092 Work 214/280-6794 Lanny Tate Work 481-2891 5/92 2120 N. Carroll Ave. , Southlake, 76092 Home 481-3440 Dennis McGrath Work 488-2277 5/93 2403 N. Carroll Ave. , Southlake, 76092 Home 488-2277 December 3, 1991 CITY OF SOUI'HLAFE THOROUGHFARE PLAN SUMMARY OF CE-m= TO PLAN/REPORT 1. Changed classification of streets to: State Highways - Principal Arterials Arterials - Divided & Undivided Major Collectors - Collectors Minor Collectors - Deleted 2. Added NCI'OOG classification to each: Principal Arterial - Freeway Principal Arterial - PASU Arterial Divided - A4D Arterial Undivided - A5U Arterial Undivided - A4U Collector - C2U Residential Street - R2U 3. Revised Right-of-Way: 95' Revised to 90' 84' Remains Same 75' Revised to 70' 64' Revised to 60' 50' Remains Same 4. Width of flare at intersections for turning lanes revised to reflect new R.O.W. widths. 5. Recommend minimum pavement thickness was revised: Arterial (Interim) 7" HMAC - 4" HMAC Arterial Divided 811 HMAC - 711FVAC 711 PCC - 6" PCC Arterial Undivided 8" HMAC - 7" HMAC 7" PCC - 6" PCC Collector (Commercial) 8" HNAC - 7" HMAC 711 PCC - 6" PCC Collector (Residential) 7" HMAC - 6" HMAC 611 PCC - 5" PCC 6. Proposed interim street sections as per task force recommendations: Section A - 4" IMC 6" Stab Subgrade Section B - 2" IMC 6" Stab Subgrade 7. Typical street cross-sections revised to reflect new R.O.W. and parkway widths. 8. Cost estimates for street construction will be revised to reflect minim 1m pavement thickness changes. 9. Thoroughfare Plan Char ges: (See Map) Primarily: 75' and 64' R.O.W. are now either 70' or 601 . 90' R.O.W. (Divided) is shown in legend but the two roadway locations were deleted. The aligrm ent of Carroll and Brumlow was revised as shown. W H ?I 3 x In �n U F z A o 0 0 a 3 W E4 H z z � a O 04 H I U a 3 N F � a ay Q rn rn rn o In aa3 C� 'O E-I A m a) z - - - - - b vai A00 C14 W Ln v m O A C a 3 N _ O O+ O w C CC O C \ V .4 O >4 CA Q1 CT aa% I-I F \ I I I I .-I ca im - 1 I i 1 $4 A -4 .k %D U -A+ 1x.1 � x i 3 ro a 14 p, 3 * it O m p O W � ae C ro R'. W O .N-4 .N1 .Ni rN1 A C m -4 F > �iy- H N w N W W O a 3 O 7 r w z +J 4-) to 0 H A $4 +) U C w rC 1 a) w 3 w U to I O LI O 1 m 41 3 En x a 41 • W U O - O v In d' N N (1 N m z A rA o a) +J O 1-4 �+ C 3 14 ro o +1 ro U m m -� 3 - O rn ago o � O I - n -4 to -4 3 m ro > O C4 C C O m $4 a e a �a In -- Lo o O A IOn v CN c]V C 3 0.1 V ry U G4 1J >+ v� 3 •4 R: m )a $4 4.) a) 41 'O 'Q V C -P o to 'd v 'v a) E 4 � .a (D .14 -14 a) ro a >+ I I 4 I 4 $4 •-1 r� m 1-4 .14 4 H O J1 04 > .a m H -.%I •.%I -4 U Q)i w r. U 1x W 11 $4 $4 a) O W a) a) a) r+ -4 01 P4 4J +I +1 .-4 m A to 04 04 04 U 04 z City of Southlake,Texas MEMORANDUM CITY MANAGER M E November 25, 1991 J' TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director i SUBJECT: Access Easement Abandonment - Monticello Ph. I ------------------------------------------------------------- In late 1989 and early 1990, when the S-4 sewer line was installed, a road access easement was required to service a metering station required by Trinity River Authority. Larry Cole, developer of the property that the access easement traversed (Monticello, Phase I) , gave the City a 10 ' access easement with the understanding that when dedicated streets are platted, the access easement would be abandoned. Since Phase I of Monticello has been platted and recorded and access to the metering station can be obtained the through dedicated streets, the developer is request g road access easement be abandoned. Therefore, Staff Ireofmmends that Monticello the desc0ribedroad on access the attached crossing Ph metes and bounds description be abandoned. Please place this item on the Council ' s next agenda. If you have any questions, please contact me. 4a MHB/lc attachments : Metes and bounds descriptions RESOLUTION NO. _ _ A RESOLUTION VACATING AND ABANDONING A 10 FOOT ACCESS EASEMENT IN PHASE I OF THE MONTICELLO SUBDIVISION DESCRIBED IN EXHIBIT A ATTACHED IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code: and WHEREAS, the City Council of the City of Southlake, Texas, after careful study and consideration, has determined that a 10 ' access easement in Phase I of the Monticello subdivision in the City of Southlake, Tarrant County, Texas, hereinafter more specifically described in Exhibit "A, " is not being used by, nor useful or convenient to the public in general; therefore, it consititues a public charge without a corresponding public benefit, and the public would be better served and benefitted by its vacation and abandonment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION I The unrecorded agreement as described herein, is not being used by, nor useful or convenient to the public in general. It constitutes a public charge without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment. J�0-107- Accordingly, the above described portion of the unrecorded agreement, as it pertains to a 10 foot access easement in Phase I of the Monticello Subdivision to the City of Southlake, Tarrant County, Texas, is hereby vacated and abandoned as public property and such area so abandoned shall revert in fee simple to the owner of the remainder of Monticello Phase IL Subdivision. SECTION 3 This resolution shall be in full force and effect from and after its passage as provided by law. PASSED AND APPROVED ON THIS DAY of 01 1991 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: SSI4T•S-4 11/27/69 EXHIBIT 'A' MEKCN, INC. 10' ACCESS EASEMENT BEING a tract of land out of the W.E. Cooks Survey, Abstract 295, situated in the City of Southlake, Tarrant County, Texas and being a portion of that tract of land conveyed to Mekon, Inc. and recorded in Volume 8341, Page 1243, D.R.T.C.T., and being the centerline of a 10 foot wide access easement and being more particularly described by metes and bounds as follows: BEGINNING at a point being in the north line of said Mekon, Inc. tract, said point being S 88056159" W and a distance of 64.67 feet from a 1/2" iron pin found being the northeast corner of said Mekon, Inc. tract, said point also being in the south right-of-way line of Continental Boulevard; THENCE S 08'02'16" E for a distance of 141.49 feet to a 5/8" iron pin set for a centerline deflection point; THENCE S 03'2534" W for a distance of 173.01 feet to a 5/8" iron pin set for a centerline deflection point; THENCE S 13'45'08" E for a distance of 130.75 feet to a 5/8" iron pin set for a centerline deflection point; THENCE S 03'34'31" W for a distance of 204.15 feet to a 5/8" iron pin set for a centerline deflection point; THENCE S 30127'00" W for a distance of 126.54 feet to a 5/8" iron pin set for a centerline deflection point; THENCE S 13°10'29" W for a distance of 88.63 feet to a 5/8" iron pin set for a centerline deflection point; THENCE S 05°5521" E for a distance of 207.83 feet to a 5/8" iron pin set for a centerline deflection point; THENCE S 12'19109" W for a distance of 103.82 feet to a 5/8" iron pin set for a centerline deflection point; THENCE S 03016'38" E for a distance of 111.21 feet to a point being the beginning of a curve to the right having a central angle of 62'03'28" and a radius o 20.00 feet; THENCE a distance of 21.66 feet along said curve to a point; THEM S 58'46'50" W for a distance of 22.11 feet to a point being the intersection of said centerline With the south line of said Mekon, Inc. tract. �'� 09862 0027 CONTINENTAL BOULEVARD P.O.B. S 88°56'S9"W-64.67' S08002'16"E { 141.49' 3 34"W- Q 1T3.0101' ' SI3°45'08"E- 1 . 130.75, ' MEKON, INC. N•1►. ' V8339, P.1095 S03034'31 W- DR.M. 204.15' PROP. 10'ACCESS EASEMENT S30027'00"W- 126.54 WWII SI3010'29"W-88.63' an•w MEKON,INC. SO505521"E-207.83' V.8341, P. 1243 QRT.C.T. 1 ��/I x S12°19'09"W-103.82' 4�.•Inra Q I ;Q a=S03016'38"E-111.2.1' .� , . CURVE DATA 6=62°03'28" S58046'50"W- R 200' C.H. YOUNG :> 22.11 L=21.66' V.2595,P. 340 QRT.CT 12 SEE EXHIBIT D FOR i ENLARGEMENT OF DESIGNATED AREA _ REV 11/22/89-ADDED CURVE-BY,D.K* I certify that this is a Arlington Surveying !� Mapping fY � Public Surveyors true and accurate representation of this r•' survey MEKON, INC. Wound and that there ,r *EMI L CNUTMW•,� 10' ACCESS EASEMENT are no visual encroachments 2346 EXHIBIT B except as shown. V �4..........^ r 2011 EAST LAMAR, SUITE 200 460-2111 •�r ARLINOTON, TEXAS 7600E METRO 265-794e GATE: ff 17-5 T�Yo. •A S12019,09"W-103.82' BARBECED WIRE -PROP. 10'ACCESS EASEMENT i MEKON,INC. V.8341, P.1243 D.RTQT. �• .. 1 ' D• I . R S03016'38"E- 111.21' ° b. I r. •� CURVE DATA A=62003'28" •• R=20.00' L=21.66' T =12.03' � 2 . a W S58046'50"W-22.11 j E CREEK 32 •� I"=40' N58046'50"E-30.36' CURVE DATA 6=87°35'51" \ R=20.00' L= 30.58' C.H. YOUNG N28049'01"W- T= 19.18, V.2595,P.340 280.46 \\ DR.T.C.T. 1. 12•'12X. 20. 4•CX 2. 12•PWM 21. 12'22X 3. 4•aX 22. a•SIX. 4. �•PncallOG 23. QX S. A:PN 24. V E X 1. S.M 25. '.MAC3 0M REV.IV27/89-ADDED CURVES-BY,D.M.W. 7. la•aX 26. f•GX I. 10•GX 37. 24 IIX LEGENDS !. ''EX 2'• 30:W 10. {•aX 2S. 4.2L1 11. 12•Pf�q 30. 10•WP=M L . 24.22X 31. 30•eX TREES TO BE REMOVED 13. 12•PR7W 32. 14•aX 14. 10.OX 33. 4•PBW 15. 12•aX 34. 12•P2 W 16. 12•aX 35. 1•NACDOW • TREES TOR MAIN it. i'@I TM 37. ;:ORK Qk9 19. U•IIX Arrington I certify nglon Surveying Mapping true t accurate and hat this is a Public Surveyors representation of this MEKONP INC. �y as made on the r ' gou7d and that there. t EM1•�a LATkAm 10 ACCESS EASEMENT are no visual encroachments �'~t"'•234s'�`"'' EXHIBIT D «rePt as shown. ��•e••.a;k s • i •�<:�20I1 EAST LAMAR, SUITE 20D 4¢0- SuPm p" 2111 � � ARLMGTON, TEXAS 76006 METRO 265-7948 r DATE: �q- bg 3/? City of Southlake,Texas RESOLUTION NO. 91-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, RECOGNIZING THE DISTINCT OPERATING DIVISIONS WITHIN THE DEPARTMENT OF PUBLIC SAFETY; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 4 . 01 of the Charter of the City of Southlake provides that the City Council shall have power to establish administrative departments by Ordinance; and WHEREAS, the City Council in Ordinance No. 521 and Ordinance No. 531 created a Department of Public Safety, under the direction of a Director of Public Safety; and WHEREAS, Ordinance No. 518 approving the FY90-91 Annual Budget, and Ordinance No. 541 approving the FY91-92 Annual Budget, sets out the various divisions within the administrative departments and provides for expenditures thereof; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That all of the above recitals and preamble are found to be true and correct. Section 2 . That the Organizational Charts attached hereto as Exhibit "A" and Exhibit "B" reflect the intent of the City Council in establishing the Department of Public Safety. Section 3 . That this resolution shall become effective on the date of approval by the city Council. PASSED AND APPROVED this the day of , 1991. Mayor ATTEST: City Secretary Jr Exhibit "A." CITY OF SOUTHLAKE ORGANIZATION CHART Citizens of Southlake Municipal Court Judge Mayor and City Council Boards and Commissions F- 7 City Secretary City Manager City Attorney I Department of Department of Public Safety Finance Fire Services Accounting Division Division Police Services Utility Billing Division Division LT Public Safety Support Municipal Court Division Division Department of Department of General Government Public Works City Secretary/ Parks and Recreation Mayor,Cbuncil Division Division City .'.tanager's Office Streets and Drainage Division Division rSupport Services Division Building Inspection; Division Planning and Zoning Division Water/Wastewater' I —F—Sanitation Division L[ Public Works 4dministration Division Exhibit "B." CM OF SOUrBLAKE PUM.IC SAFELY DEPARM9NP Director of Public Safety Deputy Director Co=unications Deputy Director Police Services I FFire Services ...... ..... . ....` Public Safety Officers '................. .......................... F-7 Fully Paid Resezves Fully Paid Volunteers J's- 3 City of South lake, Texas M E M O R A N D U M November 20, 1991 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 91-60 ------------------------------------------------------------------------------ REQUESTED ACTION: Zoning Change Request; 2.44 acres, John Childress Survey, Abstract No. 254, Tract lAl, being more commonly known as 1600 Burney Lane LOCATION: South side of Burney Lane at Midway Drive OWNER/APPLICANT: Joe E. Kennel CURRENT ZONING: "AG", Agricultural REQUESTED ZONING: "SF-lA", Single Family-lA Residential LAND USE CATEGORY: Low Density Residential BACKGROUND INFO: Mr. Kennel's objective is to zone and subdivide the 2.44 acres into two lots for the purpose of selling the eastern lot. NO. NOTICES SENT: Four (4) RESPONSES: None P & Z ACTION: November 7, 1991; Approved (5-0) the "SF-lA" request COUNCIL ACTION: November 19, 1991; Approved (6-0) , First Reading, /��p Ordinance No. 480-60. l�1'G - KPG 'rrrr 7A- I CITY OF SOUTHLAKE APPLICATION FOR CHANGE OF ZONING Submittal Date : d of 91 Case Number: ZA ai-66 Fee: $100 . 00 Receipt No. S9773 PLEASE TYPE OR PRINT A. APPLICANT OWNER(S) ( if different) Name: Toc E_ Kcnncl Agent: Address : II O Lr nc y La nc So ut h I i kc,TC. 76012 Telephone: 4QP"075�3 B. PROPERTY DESCRIPTION: Legal Description: ( ✓ ) Property is unplatted according to the County Deed Records Vol . 4 51 , Page iGS It is shown as Tract )A I of the Tchn Chi Idfcs5 Survey, Abst. No. .Z5Lf City Tax Records . ( /) A metes and bounds description is attached. ( ) Property is platted and described as : Subdivision Name: Block , Lot(s) Block , Lot( s) ( ) Address of Subject Property: Property Location: Acreage : ( ) A typed mailing list of all property owners within 200 feet of the subject property is attached. ( ) A current survey or plat map is attached. ( ) A concept plan shall be submitted for "CS" , "SF-30" , "SF-20A" , "SF-20B" , 'IMF-1" , "B-1" , "B-211 , "HC" , "S-P-2" zoning requests . (Required prior to development site plan submittal , but optional at the time of zoning request for "0-1" , "0-2" , "C-111 , "C-211 , "C-3" , "C-41t , "I-111 , "I-2" zoning districts . ) ( ) A development site plan shall be submitted with zoning requests in the "MH" and "S-P-1" zoning districts . 7A- 2 City of Southlake Application for Change of Zoning Page Two C. NATURE OF THE REQUEST: Present Zoning: AG Requested Zoning: S F- IA Existing Use: RC514enf I a Proposed Use: Kc5► aen41 Reason for Requesting the Change: Tc 5ell 1.41 A. D. AUTHORIZATION BY OWNER(S) : I (We) hereby authorize the City of Southlake and its employees to enter upon the premises herein above described at all reasonable times for the purpose of erecting, maintaining, or removing signs to notify the public of the pending zoning application and/or public hearing concerning said application. I (We) release the City of Southlake and its employees from liability for any damages which may be incurred to my (our) property in the erecting, maintaining, or removal of said signs . I (We) further understand that it is necessary for me (us ) to be present at the Planning and Zoning Commission and City Council public hearings . Si ture of Oikner Name Typed or Printed Date E . AUTHORIZATION IF AGENT INVOLVED: I , , owner of the aforementioned property do hereby certify that I have given my permission to to act as my agent for this rezoning request . Signature of Owner( s ) Name Typed or Printed Date Before me, a Notary Public, on this day personally appeared fcc E.K fid known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. )�k Given under my hand and seal of office this 11 day of 19 ql C'Z-IV � 'J&•r4, NOTARY PUBLI IN AND FOR TEXAS My Commission expires the day of �r�u� 19 1A -= AREA SURVEYING, INC. -- Registered Professional Land Surveyors 102 W. Trammell St. • Fort Worth, Texas 76140 • (817) 293-5684 FIELD NOTES BEING a tract of land out of the John Childress Survey, Abstract No. 254 , Tarrant County, Texas , and being described by metes and bounds as follows : BEGINNING at an iron pipe fence post in the East line of said John Childress Survey, said point being North 00 degrees 26 minutes East 423 . 3 feet from the Southeast corner of said John Childress Survey; THENCE South 89 degrees 49 minutes West 415 . 2 feet to an iron pipe found for corner; THENCE North 05 degrees 56 minutes East 265 . 43 feet to an iron pipe found in the South line of Burney Lane; THENCE North 89 degrees 31 minutes East 389. 75 feet along the South line of Burney Lane to a fence post for corner in the East line of said John Childress Survey; THENCE South 00 degrees 26 minute West 266 .0 feet along the East line of said John Childress Survey to the POINT OF BEGINNING and containing 2 . 44 acres of land FIELD NOTES COMPILED October 11 , 1991 I k- y 12 it 2 -- u' 301 3e` u - xc asI TaE. xzn 2F2 34K '36 I EIA 3 ./ 3e1F �w 3E,o s F. 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' - . -:LAND USE/THOROUGHFARE 7A-1} -1 1 �1�� -r. �� ♦ 1. �.l ..1` �.• � u -. .�� v' �� - ,• CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-60 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 APPROXIMATELY A 2 .44 ACRE TRACT OF LAND OUT OF THE JOHN CHILDRESS SURVEY, ABSTRACT NO. 254 , TRACT lAl, BEING MORE COMMONLY KNOWN AS 1600 BURNEY LANE, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL ZONING DISTRICT TO "SF-1A" SINGLE FAMILY-lA RESIDENTIAL ZONING 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. e City of Southlake, Texas is a homerule City acting under its Charter adopted by the electorate pursuant to Article XI , Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business , industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City' s Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites ; safety from fire hazards and damages; noise `7f,-8 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 and 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: �7f�-9 -2- Section 1 . That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 2 .44 acre tract of land out of the John Childress Survey, Abstract No. 254, Tract lAl, being more commonly known as 1600 Burney Lane, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural Zoning District to "SF-lA" Single Family 1-A Zoning 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. '7,8-/0 -3- Section 7 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000 .00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8 . All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts . Section 9 . The City Secretary of the City of Southlake is hereby 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 form 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 1991 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1991 . MAYOR ATTEST: CITY SECRETARY 7f9-// -4- APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: ��I�� -5- City of Southlake,Texas M E M O R A N D U M November 25, 1991 TO: Curtis E. Hawk, City Manager FROM: Greg Last, City Planner SUBJECT: Landscape Ordinance (Pending ninth Draft) ----------------------------------------------------------------- I have not had time to make the necessary revisions and prepare the exhibits requested during Councils review of the eighth draft of the Ordinance. Council I would request that this 91item be tabed until so that these requested erevisions meeting on December , can be made. A-0 GL/gh i I l City of Southlake,Texas MEMORANDUM CITY MANAGER November 26 , 1991 -� TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: Sign Ordinance 2nd Reading ------------------------------------------------------------- Attached is the Sign Ordinance that was approved on 1st reading at the last Council meeting. The Council made no changes to the existing ordinance and therefore, is ready for the second reading. Please place this item on the Council ' s next agenda. If you have any questions, please contact me. M 0 MHB/lc attachment: Sign Ordinance ORDINANCE NO. 546 'AN ORDINANCE PROVIDING FOR SIGN REGULATIONS APPLICABLE , WITHIN THE CITY LIMITS OF THE CITY OF SOUTHLAKE, TEXAS; PROVIDING A PURPOSE; PROVIDING DEFINITIONS; PROVIDING FOR THE ISSUANCE AND REVOCATION OF SIGN PERMITS; PROVIDING FOR THE REMOVAL OF SIGNS; PROVIDING FOR APPEALS AND VARIANCES; PROVIDING GENERAL SIGN PROVISIONS; PROVIDING , FOR MAINTENANCE OF SIGNS; PROVIDING REGULATIONS FOR THE I HEIGHT, NUMBER OF SIGNS, AREA, SETBACK, AND OTHER REGULATION OF SPECIFIC SIGNS; EXEMPTING CERTAIN SIGNS FROM THE REQUIREMENTS OF THIS ORDINANCE; PROHIBITING CERTAIN SIGNS; PROVIDING FOR NON-CONFORMING SIGNS; ALLOWING IDEOLOGICAL COPY ON SIGNS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City o Sou a exas is a home rule ity 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 finds that the uncontrolled proliferation of signs is hazardous to the users of streets and highways within the city limits of Southlake; and WHEREAS, the City Council further finds that scenic resources are distributed throughout the City and have contributed greatly to its economic development by attracting tourists, permanent residents, and new businesses and cultural facilities ; and WHEREAS, the City Council further finds that the scattering of signs throughout the City is detrimental to the preservation of those scenic resources and so to the economic base of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: slake\sign.ord(111291) -i- SIGN ORDINANCE TABLE OF CONTENTS PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . v ARTICLE I - IN GENERAL . . . . . . . . . . . . . . . . . . . 1 SEC. 1 DEFINITIONS . . . . . . . . . . . . . . . . . 1 A. GENERAL . . . . . . . . . . . . . . . . . . . 1 B. TYPE OF SIGNS . . . . . . . . . . . . . . . . 2 ARTICLE II - ADMINISTRATION . . . . . . . . . . . . . . . . . 5 SEC. 2 SIGN PERMIT REQUIRED . . . . . . . . . . . . . 5 SEC. 3 APPLICATION FOR SIGN PERMIT . . . . . . . . . 5 SEC. 4 FEES . . . . . . . . . . . . . . . . . . . . . 5 SEC. 5 CONDITIONAL SIGN PERMIT . . . . . . . . . . . 6 SEC. 6 PERMIT REVOCABLE . . . . . . . . . . . . . . . 6 SEC. 7 INSPECTION . . . . . . . . . . . . . . . . . . 7 SEC. 8 PERMIT VALID FOR ONE HUNDRED EIGHTY (180) DAYS . . . . . . . . . . . . . . . . . . . . . 7 SEC. 9 INVESTIGATION FEES: WORK WITHOUT A PERMIT . . 7 SEC. 10 REMOVAL OF SIGNS . . . . . . . . . . . . . . . 7 A. OBSOLETE SIGNS. . . . . . . . . . . . . . . . 7 B. UNSAFE SIGNS. . . . . . . . . . . . . . . 7 C. SIGNS ON UTILITY POLES . . . . . . . . . . . . 8 D. SIGNS IN RIGHT-OF-WAYS . . . . . . . . . . . . 8 ARTICLE III - APPEALS AND VARIANCES . . . . . . . . . . . . . 8 SEC. 11 APPEALS . . . . . . . . . . . . . . . . . . . 8 SEC. 12 VARIANCES . . . . . . . . . . . . . . . . . . 9 ARTICLE IV - GENERAL SIGN PROVISIONS . . . . . . . . . . . . 9 SEC. 13 WIND PRESSURE AND DEAD LOAD REQUIREMENTS . . . 9 SEC. 14 MAINTENANCE OF SIGNS . . . . . . . . . . . . . 9 SEC. 15 GENERAL SIGN CATEGORIES AND REGULATIONS . . . 10 A. ATTACHED SIGN . . . . . . . . . . . . . . . . 10 B. MONUMENT SIGN . . . . . . . . . . . . . . . . 10 C. FREESTANDING SIGN . . . . . . . . . . . . . . 11 slake\sign.ord(111291) -ii- 7c - 3 SEC. 16 NON-DEFINED SIGNS . . . . . . . . . . . . . . 11 ARTICLE V - SPECIFIC SIGN REGULATIONS . . . . . . . . . . . . 11 SEC. 17 SPECIFIC REGULATIONS APPLICABLE TO ON-PREMISE SIGNS REQUIRING PERMIT . . . . . . . . . . . . 11 A. GENERAL BUSINESS SIGN . . . . . . . . . . . . 11 B. DIRECTORY SIGN . . . . . . . . . . . . . . . . 12 C. IDENTIFICATION SIGN . . . . . . . . . . . . . 12 D. MULTI-PURPOSE SIGN . . . . . . . . . . . . . . 12 E. READERBOARD SIGN . . . . . . . . . . . . . . . 12 F. SUBDIVISION SIGN . . . . . . . . . . . . . . . 13 SEC. 18 TEMPORARY SIGNS REQUIRING PERMIT . . . . . . . 13 A. BANNERS, PENNANTS, AND STREAMERS . . . . . . . 13 B. BALLOONS AND OTHER FLOATING DEVICES . . . . . 13 C. MODEL HOME SIGNS . . . . . . . . . . . . . . . 14 D. SPECIAL PURPOSE SIGNS . . . . . . . . . . . . 14 SEC. 19 TEMPORARY SIGNS EXEMPT FROM PERMIT . . . . . . 14 A. WEEKEND DIRECTIONAL SIGNS . . . . . . . . . . 14 B. POLITICAL SIGNS . . . . . . . . . . . . . . . 14 C. CONSTRUCTION/SUBDIVISION DEVELOPMENT SIGNS . . 14 D. REAL ESTATE SIGNS . . . . . . . . . . . . . . 15 E. SIGNS WITH SEASONAL DECORATIONS AND DISPLAYS DURING HOLIDAYS . . . . . . . . . . . . . . . 15 F. SIGNS PLACED INSIDE WINDOWS . . . . . . . . . 15 SEC. 20 SPECIFIC REGULATIONS APPLICABLE TO OFF-PREMISE SIGNS REQUIRING PERMIT . . . . . . . . . . . . 15 A. BILLBOARDS . . . . . . . . . . . . . . . . . . 15 B. OFF-PREMISE SUBDIVISION SIGNS . . . . . . . . 16 SEC. 21 EXEMPT SIGNS . . . . . . . . . . . . . . . . . 16 SEC. 22 PROHIBITED SIGNS . . . . . . . . . . . . . . . 17 A. OBSCENE SIGNS . . . . . . . . . . . . . . . . 17 B. OBSTRUCTING DOORS, WINDOWS, OR FIRE ESCAPES 17 C. OBSTRUCTING VISION . . . . . . . . . . . . . . 17 D. INTERFERENCE WITH TRAFFIC . . . . . . . . . . 17 E. SIGNS ATTACHED TO OR SUSPENDED FROM BUILDINGS, LIGHT FIXTURES, POLES, SIDEWALKS, ETC. . . . . 17 F. PAINTING, MARKING, ETC. OF STREETS, SIDEWALKS, UTILITY POLES, ETC. . . . . . . . . . . . . . 18 G. ATTACHING ADVERTISING MATTER TO FENCES, UTILITY POLES, STREET SIGNS, ETC. . . . . . . . . . . 18 H. PORTABLE SIGNS . . . . . . . . . . . . . . . . 18 I. CERTAIN ILLUMINATED SIGNS PROHIBITED . . . . . 18 J. SIGNS PROJECTING ON/OVER PUBLIC PROPERTY . . . 19 K. ROOF SIGNS PROHIBITED . . . . . . . . . . . . 19 SEC. 23 NONCONFORMING EXISTING SIGNS . . . . . . . . . 19 slake\sign.ord(111291) '���' SEC. 24 SIGN COPY . . . . . . . . . . . . . . . . . . 19 SEC. 25 CUMULATIVE CLAUSE . . . . . . . . . . . . . . 19 SEC. 26 SEVERABILITY CLAUSE . . . . . . . . . . . . . 19 SEC. 27 PENALTY . . . . . . . . . . . . . . . . . . . 20 SEC. 28 SAVINGS CLAUSE . . . . . . . . . . . . . . . . 20 SEC. 29 PUBLICATION IN PAMPHLET FORM . . . . . . . . . 20 SEC. 30 PUBLICATION IN OFFICIAL NEWSPAPER . . . . . . 20 SEC. 31 EFFECTIVE DATE . . . . . . . . . . . . . . . . 21 slake\sign.ord(111291) "1v- 7c -.- PURPOSE This ordinance is enacted to protect the health, safety, welfare, convenience, and enjoyment of the general public by providing for uniform standards for the location, spacing, height, setback, lighting, and other regulation of signs within the City of Southlake. The purpose of this ordinance is to: Preserve, protect, and enhance areas of historical, architectural, cultural, aesthetic, and economic value regardless of whether they are natural or manmade; Protect adjacent and nearby properties, in particular, residentially zoned properties from the impact of lighting, size, height, movement, and location of signs; Protect the safety and efficiency of the City's transportation network by reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians, obstacles, other vehicles, and traffic signs; Enhance the impression of the City which is conveyed to tourists and visitors by controlling the location, number, and size of signs; Integrate sign regulations more effectively with other regulations by establishing requirements for setbacks, height, and spacing to allow for lighting, ventilation, and preservation of views in a manner consistent with land uses in the various zoning districts; and To preserve and enhance the appearance of the City and the public interest in aesthetics, and to control and reduce visual clutter and blight. slake\sign.ord(111291) -�- 7C - (� ARTICLE I - IN GENERAL SEC. 1 DEFINITIONS A. GENERAL ALTER means to change the size, shape or outline, intent, or type of sign. BILLBOARD means any sign that is erected and maintained for the purpose of advertising businesses, services, commodities, goods, products, entertainment, or attractions sold, offered, or not located on the same premises as the sign and whose surface is sold, rented, owned, or leased for the display of advertising material. BUILDING means a structure which has a roof supported by walls for the shelter, support, or enclosure of persons, animals, or chattel. BUILDING OFFICIAL means the Building Official of the City of Southlake, Texas, or his designee. ERECT shall mean to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs on the exterior surface of a building or structure. FACADE shall mean any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction, or in the directions within 45 degrees of one another, they are to be considered as part of a single facade. GROSS SURFACE AREA OR AREA OF A SIGN shall mean the entire area within a single continuous perimeter forming a rectangle enclosing the extreme limits of each sign. In the event two (2) or more signs share a single structure, each sign or panel may be considered separately for square footage purposes and therefore, shall be permitted as two (2) signs. HEIGHT, as applied to a sign, shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and a level plane going through the nearest point of the vehicular traffic surface of the adjacent improved public right-of-way, other than an alley. LOGO is any design or insignia of an organization, individual, company, or product which is commonly used in advertising to identify that organization, individual, company, or product. slake\sign.ord(111291) -1- 2C - OBSOLETE means any sign which no longer serves a bona fide use or purpose. PREMISES means a tract of land under single ownership which is devoted to one common use, whether such area is composed of one or more platted lots. SETBACK is the distance from the closest portion, whether the support or edge of the sign, to the right-of-way. SIGHT TRIANGLE shall be the triangle created by connecting a point which is ten (10) feet along the right-of-way at the intersection and a point extending away from the intersection a distance of forty (40) feet. This line shall extend by projection to the back of curb on improved streets or the edge of pavement on unimproved streets along both streets impacted. The sight triangle herein referenced shall include all area between the above-defined lines and the street pavement. SIGN shall mean and include every sign, name, number, identification, description, and announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, beacon, light or insignia, and structure supporting any of the same, affixed directly or indirectly to or upon any building or outdoor structure, or erected or maintained upon a piece of land, which directs attention to any object, project, service, place, activity, person, institution, organization, or business. In the event two (2) or more signs share a single structure, each sign or panel may be considered separately for square footage purposes and shall be permitted as two (2) signs. When determining the number of signs allowed on a particular site, the structure that supports the sign or signs shall be considered as one (1) sign. SIGN, OFF-PREMISE means a sign which directs attention to a business, commodity, service, good, product, or entertainment not exclusively related to the premises upon which such sign is located or to which it is affixed. SIGN. ON-PREMISE means any sign, the content of which relates to the premises on which it is located, referring exclusively to businesses, commodities, services, products, goods, or entertainment on the premises, or the sale, lease, or construction of those premises. B. TYPE OF SIGNS SIGN. ATTACHED means any sign attached to, applied on, or supported by any part of a building (including canopy facia, walls and awnings) which encloses or covers usable space. slake\sign.ord(111291) -2" 7c - $ SIGN, BANNER means a temporary flag or a cloth or canvas material attached to a building to advertise temporarily. SIGN. CONSTRUCTION means a temporary on-premise sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator, or mortgagee engaged in the construction or improvement of the premises on which the sign is located. SIGN, DIRECTORY means an on-premise sign listing the occupants within shopping centers, industrial sites, retail districts, office districts, and commercial sites. SIGN. FREESTANDING_ means any sign connected to the ground by legs, poles, or other supports and which is not an attached, portable, monument, or vehicular sign. SIGN, GENERAL BUSINESS means an on-premise sign which is used to identify a business, profession, organization, institution, service, product, or activity conducted, sold, or offered on the premises where such sign is located. SIGN. GROUND means any temporary sign erected on vertical framework not larger than six (6) square feet in area and used primarily for real estate sales, political, and directional signs. SIGN IDENTIFICATION means an on-premise sign which is used to identify the name of shopping centers, industrial, commercial, retail, and office centers. SIGN, ILLUMINATED means any sign which has characters, letters, figures, designs, or outline illuminated by electric lights, luminous tubes, or other means. SIGN, MONUMENT means any sign which is connected to the ground and which has no clear space between the bottom of the sign and the surface of the ground. SIGN. MULTI-PURPOSE means a permanent freestanding structure containing a directory sign and an identification sign. SIGN. POLITICAL is a type of off-premise sign which refers only to the candidates or issues involved in a political election. SIGN, PORTABLE means any sign which is not attached or affixed to the ground, a building, or other fixed structure or object. Portable signs include those signs installed on wheels, trailers, skids, and similar mobile structures. slake\sign.ord(111291) "3" 7C - 7 SIGN. REAL ESTATE means a temporary on-premise sign pertaining to the sale or rental of property, and advertising property only for use for which it is legally zoned. SIGN READERBOARD (electronic) means a sign that utilizes alternating electronic data control components showing time, temperature, and miscellaneous advertising and/or information. SIGN READERBOARD (manual) means a sign comprised of non- permanent letters which allows a change of sign copy by adding or removing letters. SIGN. SPECIAL PURPOSE is a temporary sign that is either on- premise or off-premise that provides identification or information pertaining to a special event or occurrence, but under no circumstance shall be associated with real estate advertising. SIGN. SUBDIVISION (a) Development Sign: An on-premise sign providing identification or information pertaining to a residential or commercial development (b) Directory Sign: An on-premise sign identifying the buildings in the subdivision. (c) Entry Sign: Any permanent sign identifying a residential subdivision and located on-premise. (d) Wall Plaque: A permanently affixed on-premise sign attached to the entryway of perimeter wall of a subdivision to identify the subdivision by a name or logo. (e) Off-Premise Sign: A sign providing direction to or information about a residential or commercial subdivision. This type of sign shall be limited to identification of the subdivision only. SIGN. TEMPORARY means any sign, banner, pennant, valance of advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other like materials, with or without frames, and any type sign not permanently attached to the ground, wall, or building, intended to be displayed for a short period of time only. SIGN TEMPORARY WEEKEND DIRECTIONAL means a temporary off- premise sign used in directing traffic to a residential section of the City. Company or builder logos may be used on temporary weekend directional signs. slake\sign.ord(111291) "4- 7c -ia SIGN. WINDOW means any sign, banner, poster, or display located on the internal and/or external surface of the window of any establishment which advertises services, products, or sales available within said establishment or which announces the opening of said establishment. ARTICLE II - ADMINISTRATION SEC. 2 SIGN PERMIT REQUIRED No person shall erect any sign nor shall any person allow the erection or display of any sign upon property owned or controlled by him without first obtaining a permit to do so from the City of Southlake, except as hereinafter provided. SEC. 3 APPLICATION FOR SIGN PERMIT Application for a permit shall be made as required by this ordinance and the following information shall be submitted as separate documents: (a) Application form shall be completed. (b) Site plan that illustrates: - Location of the building, structure, or tract to which or upon which the sign is to be attached or erected. - Position of the sign in relation to right-of-ways, easements, buildings, structures, existing signs, etc. (c) Sign drawing that illustrates height, length, width, and all other dimensions associated with the sign. (d) Letter from owner of the property stating that the applicant has permission to erect such signs. SEC. 4 FEES Permanent Sign. Every application for a permanent sign shall be accompanied by a non-refundable fee for the processing and issuance of the permit as follows: $50. 00 minimum and one dollar ($1. 00) per square foot in excess of fifty (50) square feet. Two (2) or more signs that share a single structure shall be charged a fee for each sign exposed. Temporary Sign. Every application for a temporary sign shall be accompanied by a non-refundable fee of $25. 00 for the processing and issuance of the permit. slake\sign.ord(111291) -5- 7C . /� Illuminated Sign. Every application for an illuminated sign shall be accompanied by an electrical permit fee of $35. 00 for the processing and issuance of the permit and electrical inspection. SEC. 5 CONDITIONAL SIGN PERMIT A. GENERAL: Notwithstanding anything in this ordinance to the contrary, the erection of a sign or signs may be approved pursuant to this section under a conditional sign permit approved by the City Council. The minimum size development for a conditional sign permit shall be fifty (50) acres. The purpose of this section is to allow for a specialized review of signs which may not be appropriate generally without certain restrictions, but which, if controlled as to the number, size, height, color, location, lighting, or relation to adjacent properties, would promote the health, safety, and welfare of the community. Conditional use permitting of signs shall not be based upon the content of the sign, but is intended to allow for the evaluation of the physical impact of the proposed sign on adjacent properties and to ensure adequate mitigation of potentially unfavorable factors, such as the number, size, height, color, location, lighting, and other potentially unfavorable impacts. B. APPLICATION: An application for a conditional sign permit shall be submitted to the Building Official and shall include all documents as required by Section 3 of this ordinance. Additionally, the application shall submit construction plans drawn by a registered professional engineer in the State of Texas and also provide renderings of the particular sign types, facades, materials, compositions, dimensions, lighting, and colors. C. FEES: Fees for conditional sign permits shall be determined in accordance with the adopted Uniform Administrative Code utilizing Table No. 3-A. SEC. 6 PERMIT REVOCABLE The Building Official may suspend or revoke any permit issued under the provisions of this ordinance whenever it is determined that the permit is issued in error or on the basis of incorrect or false information supplied, or whenever such permit be issued in violation of any of the provisions of this ordinance or any other ordinance of this City or laws of this state or the federal government. Such suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued, the owner of the sign, or the owner of the premises upon which the sign is located. slake\sign.ord(111291) -6- A person may appeal the revocation of the sign permit to the City Council by filing with the Building Official written notice of an intention to appeal within ten (10) days after receipt of written notice of revocation. The decision of the City Council shall be thereafter deemed as approved, reversed, or modified, and such decision shall be final. SEC. 7 INSPECTION The Building Official shall inspect annually, or at such other times as is deemed necessary, each sign regulated by this ordinance for the purpose of ascertaining whether the same is obsolete and whether it is in need of removal or repair. SEC. 8 PERMIT VALID FOR ONE HUNDRED EIGHTY (180) DAYS If the work authorized by a permit issued under this ordinance has not been commenced within one hundred eighty (180) days after the date of issuance, the permit shall become null and void. SEC. 9 INVESTIGATION FEES: WORK WITHOUT A PERMIT A. INVESTIGATION. Whenever any work for which a permit is required by this ordinance has been commenced or completed without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. B. FEE. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this ordinance. SEC. 10 REMOVAL OF SIGNS A. OBSOLETE SIGNS. Any sign which the Building Official determines no longer serves a bona fide use conforming to this ordinance, shall be removed by the owner, agent, or person having the beneficial use of the land, buildings, or structure upon which such sign is located, within ten (10) days after written notification to do so from the Building Official. Upon failure to comply with such notice, the Building Official is hereby authorized to cause the removal of such sign, and any expense incident thereto shall be paid by the owner of the land, building, or structure to which such sign is attached or upon which it is erected. B. UNSAFE SIGNS. If the Building Official shall determine that any sign is unsafe or insecure, or is dilapidated or deteriorated, he shall give written notice to remove said sign to the person or persons responsible for such sign. If the permittee, owner, agent, or person having the beneficial slake\sign.ord(111291) "7" 7c - /3 use of the premises fails to remove or repair the sign within ten (10) days after such notice, the Building Official is hereby authorized to cause the removal of such sign. Nothing contained herein shall prohibit the immediate removal, without notice, of any sign which is determined by the Building Official to be an immediate threat or danger to the public health, safety, or welfare. Any expense incident to the removal of a sign pursuant to this paragraph shall be paid by the owner of the land, building, or structure to which such sign is attached or upon which it is erected. C. SIGNS ON UTILITY POLES. It shall be prohibited to attach any sign to a utility pole located upon any public right-of-way or utility easement and any sign so placed shall be subject to removal by City personnel. The owner of such sign shall be charged a fee of $15. 00 to recover such sign from the City unless the owner satisfactorily establishes that such sign was not placed in the right-of-way by the owner of such sign or by any authorized agent, representative, or employee of said owner. Any such sign removed by City personnel shall be held for a period of seventy-two (72) hours and upon expiration of such time may be disposed of. D. SIGNS IN RIGHT-OF-WAYS. Any sign that is erected, constructed or otherwise located within or upon public right- of-way may be removed by City Personnel and the owner of such sign shall be charged a fee of $15. 00 to recover such sign from the City. No such fee shall be charged if the owner satisfactorily establishes that such sign was not placed in the right-of-way by the owner of such sign or by any authorized agent, representative or employee of said owner. Any such sign removed by City personnel shall be held for a period of seventy-two (72) hours and upon expiration of such time may be disposed of. ARTICLE III - APPEALS AND VARIANCES SEC. 11 APPEALS Any decision rendered by the Building Official may be appealed to the City Council by any person, agent, or representative affected by such decision. Such appeal must be received within fifteen (15) days time after the decision has been rendered by the Building Official. Such appeal shall be filed in writing with the Building Official specifying the grounds on which the appeal is based. The Building Official shall forthwith transmit to the City Council all documents pertaining to the appealed action. The decision by the City Council shall be final. The City Council shall hear the appeal at a City Council meeting as soon as practicable thereafter to determine whether the decision of the Building Official was in accordance with all slake\sign.ord(111291) "g" ordinances and regulations. The decision of the City Council shall be final. SEC. 12 VARIANCES The City Council shall have the authority to permit variances to any requirements regarding number of signs, area, height, setback, or any other aspect involved in the sign permitting process. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing said request with the Building Official. Any request for variance shall be accompanied by a non-refundable filing fee of $100.00 and a completed application. Any such variance applied for shall not be granted to relieve a self-created or personal hardship, nor for financial reason alone. ARTICLE IV - GENERAL SIGN PROVISIONS SEC. 13 WIND PRESSURE AND DEAD LOAD REQUIREMENTS All signs shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area and shall be constructed to receive dead loads as required by the Uniform Building Code. SEC. 14 MAINTENANCE OF SIGNS All signs and supports shall be maintained to prevent the following defects or conditions: (a) where the structural supports or frame members are visibly bent, broken, dented, deteriorated, or torn; (b) where the portions of the finished material of the sign surface or background have flaked, broken off, missing, or otherwise not in harmony or consistency with the rest of the surface; (c) where the sign, or its elements are twisted or leaning at angles other than those at which it was originally erected; slake\sign.ord(111291) "9" 7C - /S (d) where under normal viewing conditions, the sign or its elements can no longer be clearly read by a person with normal eyesight; and (e) where the sign or its elements are not in compliance with the requirements of any building, electrical, sign, or other type code construction standards adopted by the City of Southlake. SEC. 15 GENERAL SIGN CATEGORIES AND REGULATIONS A. ATTACHED SIGN (1) Unless otherwise specifically provided, the regulations set forth in this paragraph shall be applicable to all attached signs which are allowed under this ordinance. Only one attached sign per street frontage shall be allowed on any premises, unless otherwise specifically provided in this ordinance. (2) Wall Height Above Grade Maximum Letter/Lotto Height 0 - 25 ft. 24 inches 26 - 50 ft. 36 inches (3) AREA: One hundred (100) square feet. (4) Attached signs shall not exceed seventy five percent (75%) of the facade width (or height, if vertical) of any building. (5) In no case shall an attached sign project above the roof line of any building, except those attached to parapet walls. B. MONUMENT SIGN (1) Unless otherwise specifically provided, the regulations set forth in this paragraph shall be applicable to all monument signs which are allowed under this ordinance. Only one monument sign per street frontage shall be allowed on any premises, unless otherwise specifically provided in this ordinance. (2) HEIGHT: Six (6) feet, including monument base, measured from ground level at base. (3) AREA: Fifty (50) square feet. (4) SETBACK: Fifteen (15) feet from property line. slake\sign.ord(111291) -10" 7v - 1 it C. FREESTANDING SIGN (1) Unless otherwise specifically provided, the regulations set forth in this paragraph shall be applicable to all freestanding signs which are allowed under this ordinance. Only one freestanding sign per street frontage shall be allowed on any premises, unless otherwise specifically provided in this ordinance. (2) HEIGHT: Twenty (20) feet. (3) AREA: One hundred (100) square feet. (4) SETBACK: Fifteen (15) feet from property line. (5) MINIMUM CLEARANCE: In order to control site line problems caused by signs obstructing vision, particularly at intersections, any pole sign that is to be erected must maintain a minimum seven (7) feet of clear space measured from ground level to the bottom of the sign. SEC. 16 NON-DEFINED SIGNS It shall be prohibited to erect or display any sign which is not specifically allowed and permitted pursuant to the terms of this ordinance. . ARTICLE V - SPECIFIC SIGN REGULATIONS SEC. 17 SPECIFIC REGULATIONS APPLICABLE TO ON-PREMISE SIGNS REQUIRING PERMIT A. GENERAL BUSINESS SIGN (1) TYPE OF SIGN: Attached, freestanding or monument. (2) NUMBER OF SIGNS: (a) Each retail or wholesale business located in strip centers, office showroom spaces, and office warehouse spaces are limited to one (1) attached sign per street frontage. (b) General businesses in a free standing building are limited to one (1) attached sign and one (1) monument sign per business, and one (1) freestanding sign per building. (c) Shopping centers or general businesses in free standing buildings located on premises of five acres or more shall be permitted more than one (1) freestanding sign if such signs are separated from slake\si9n.ord(111291) -11- 7C - �? each other by a minimum of three hundred (300) feet measured radially. (d) Service stations and convenience stores with gasoline facilities are permitted one (1) freestanding sign or monument sign per street frontage. B. DIRECTORY SIGN (1) TYPE OF SIGN: Attached, freestanding or monument. (2) HEIGHT: Twelve (12) feet for freestanding sign. (3) NUMBER OF SIGNS: One (1) per development/shopping center. C. IDENTIFICATION SIGN (1) TYPE OF SIGN: Attached, freestanding or monument. (2) NUMBER OF SIGNS: One (1) per continuous center not separated by a public street. D. MULTI-PURPOSE SIGN (1) TYPE OF SIGN: Attached, freestanding or monument. (2) HEIGHT: Thirty (30) feet for freestanding sign. (3) AREA: One hundred fifty (150) square feet for freestanding sign. One hundred (100) square feet for monument sign. (4) NUMBER OF SIGNS: One (1) per continuous center not separated by a public street. E. READERBOARD SIGN (Manual Type) (1) TYPE OF SIGN: freestanding sign - must include an identification sign as part of the gross surface area. (2) AREA: Cannot exceed one-third (1/3) of the gross surface area of the identification sign. (Electronic Type) All electronic readerboard signs must be approved by the City Council. Application for such signs shall conform to the requirements of Section 3 of this Ordinance and all documents shall be submitted to the Building Official. s1ake\si9n.ord(111291) -12- '7,C � /8 F. SUBDIVISION SIGN (1) ENTRY SIGN TYPE OF SIGN: Monument HEIGHT: Six (6) feet AREA: Fifty (50) square feet SETBACK: Fifteen (15) feet from right-of-way NUMBER OF SIGNS: One (1) per public entrance (2) DIRECTORY SIGN TYPE OF SIGN: freestanding or monument HEIGHT: Twelve (12) feet for freestanding; six (6) feet for attached AREA: Fifty (50) square feet SETBACK: Fifteen (15) feet from right-of-way NUMBER OF SIGNS: One (1) sign per public entrance (3) WALL PLAQUE TYPE OF SIGN: Attached HEIGHT: Cannot project above top of wall AREA: Thirty-two (32) square feet SETBACK: Must meet sign triangle requirements NUMBER OF SIGNS: Two (2) signs per public entrance SEC. 18 TEMPORARY SIGNS REQUIRING PERMIT A. BANNERS PENNANTS AND STREAMERS TYPE OF SIGNS: Temporary HEIGHT: Cannot be above roof line AREA: One hundred (100) square feet SETBACK: Fifteen (15) feet from right-of-way NUMBER OF SIGNS: Two (2) total DURATION: Sixty (60) days/three times a year with a sixty (60) day separation between permits PURPOSE: Two pre-advertise an upcoming event such as a.grand opening or special occasion B. BALLOONS AND OTHER FLOATING DEVICES TYPE OF SIGNS: Temporary HEIGHT: Fifty (50) feet to end of tether line SETBACK: Fifteen (15) feet from right-of-way NUMBER OF SIGNS: One balloon or floating device DURATION: Thirty (30) days/three times a year with a sixty (60) day separation between permits PURPOSE: To promote an upcoming event such as a grand opening or special occasion slake\sign.ord(111291) -13- 7c - � 9 C. MODEL HOME SIGNS TYPE OF SIGN: Monument HEIGHT: Six (6) feet AREA: Fifty (50) square feet SETBACK: Fifteen (15) feet from right-of-way NUMBER OF SIGNS: One (1) sign per builder per subdivision D. SPECIAL PURPOSE SIGNS TYPE OF SIGN: Attached or freestanding HEIGHT: Not above roofline for attached; fifteen (15) feet for freestanding AREA: Fifty (50) square feet NUMBER OF SIGNS: Four (4) total PLACEMENT TIME: May be placed thirty (30) days before the event or occasion commences but must be removed within three (3) days after termination thereof SEC. 19 TEMPORARY SIGNS EXEMPT FROM PERMIT A permit shall not be required for the following signs: A. WEEKEND DIRECTIONAL SIGNS TYPE OF SIGN: ground HEIGHT: four (4) feet AREA: six (6) square feet NUMBER OF SIGNS: fifty (50) per subdivision PLACEMENT TIME: 12:00 noon Friday to 12:00 noon Monday B. POLITICAL SIGNS TYPE OF SIGN: ground HEIGHT: four (4) feet AREA: six (6) square feet NUMBER OF SIGNS: unlimited PLACEMENT TIME: may be placed forty-five (45) days before an election, but shall be removed within three (3) days after such election. C. CONSTRUCTION/SUBDIVISION DEVELOPMENT SIGNS TYPE OF SIGN: pole HEIGHT: fifteen (15) feet AREA: fifty (50) square feet SETBACK: fifteen (15) feet from right-of-way NUMBER OF SIGNS: Construction - one (1) per subdivision; subdivision development - one (1) per subdivision slake\sign.ord(111291) -14- �c - �o cc t 1 i AL STATE SIGNS D. roof line for TYPE OF SIGN. pole or attached fo pole; below HEIGHT: twelve (12) feet t attached square feet _ i fifty ( ht-of way acres 15 feet sib for every five (5) �A• fifteen ( ) SETBACRt one (1 ING HOLIDAYS �BER OF SIGNS: DISPLAYS DUR GNS W TH SEASOIJAL ECORp,TZONS AN E. SIGN feet for round or attached eight (8) TYPE OF SIGN: g 4 feet for 9 four ( ) d; sixteen (16) square MEIGHT• attached six (6) square feet for groan AREA' feet for attached ig ht_of_way feet from r SETBACK: fifteen (lone (1) ground m Dee att1 t to Dec. 31st; � 10)BER OF SIGNS. Christmas - from day period PLAC�NT TIME: All Other - ten ( CED INSTnF WINDOWS na a does not F. SIGNS PIA rovided such sig g window Window signs are n fifty percent (50�) of the total obscure more than P M SE SIGNS area. P C LE TO OF _ C G N SEC. 20 ��,;rTIRING PERM of this ordinance 'on for the erection3 f billboards shall uTTLBOpgDS. APPlicati of Section Building A. requirements be submitted to the following conform to the shall to the and all documentsmust conform Official. Billboards provisions: CAT ON Highway 114 corridor the State one hundred (100) May be erected along land within M is defined as any S,H• 114o which ht_of_way along feet of rig all distances measured radially) 760 feet of any hin Signs shall not be locatedo ublic park. (1) dwelling of any residential 760 feet (2) Signs shall not be located within 1, other billboard signs. slake\si9n•ord0 11291) SIZE (1) The maximum area for any one sign shall be 150 square feet. (2) The maximum size limitations shall apply to each side of a sign structure or structures visible to approaching traffic. AUTHORIZATION Application for any billboard must be made by a company or contractor licensed by the State of Texas as an Outdoor Advertising Licensee. B. OFF-PREMISE SUBDIVISION SIGNS TYPE OF SIGN: freestanding HEIGHT: Fifteen (15) feet AREA: Sixty-four (64) square feet SETBACK: Fifteen (15) feet from right-of-way; one-hundred (100) feet, measured radially from all other off- premise subdivision signs NUMBER OF SIGNS: Two (2) per subdivision SEC. 21 EXEMPT SIGNS The following signs are exempted from the requirements of this ordinance: (1) Signs on vehicles unless the sign is used or intended to be used as an on-premise sign. It shall be prima facie evidence that a sign is used as an on-premise sign if a vehicle is parked at the same location for a continuous period exceeding seventy-two (72) hours. No person shall attach any sign to a trailer, skid, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or to constitute the sign itself. This provision shall not be interpreted to prohibit identification signs on vehicles used for business purposes. (2) Warning, security, and directional signs for parking, etc. (3) Government signs, flags, insignia, legal notices, or informational, directional, or traffic signs. (4) "No Dumping" and "No Trespassing" signs. (5) All signs not visible from off the premises. stake\si9n.ord(111291) -16- 7C -•?l SEC. 22 PROHIBITED SIGNS A. OBSCENE SIGNS No person shall erect or allow to be displayed upon premises owned or controlled by him a sign in which the dominant theme of material taken as a whole appeals to a prurient interest in sex, or is patently offensive because it affronts community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value. B. OBSTRUCTING DOORS WINDOWS, OR FIRE ESCAPES No person shall erect or allow to be displayed on premises owned or controlled by said person a sign which prevents free ingress to or egress from any door, window, or fire escape. C. OBSTRUCTING VISION It shall be unlawful to erect, relocate, or maintain any sign in such a manner as to obstruct free and clear vision at any location, street, intersection, or driveway. All signs placed at any intersection shall prevent such problem by observing a sight triangle as provided for in Sec. 1, "Definitions. " D. INTERFERENCE WITH TRAFFIC No person shall erect or allow to be displayed any sign which interferes with vehicular or pedestrian traffic as a result of the position, size, shape, movement, color, fashion, manner, or intensity of illumination or any other characteristics causing such interference. Nor shall any person erect or allow to be displayed any sign in such a manner as to interfere with, obstruct the view of, or be confused with any authorized traffic sin, signal, or device, including, without limitation, signs making use of the words "stop, " "go, " "look," "slow, " "danger, " or any other similar word, phrase, symbol or character, or employ any red, yellow, green, or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. E. SIGNS ATTACHED TO OR SUSPENDED FROM BUILDINGS. LIGHT FIXTURES POLES SIDEWALKS. ETC. No person shall erect or display upon premises owned or controlled by such person any items such as goods, wares, merchandise, or other advertising objects or material which are suspended from any building, light fixture, pole, structure, sidewalk, apartment, driveway, or parking area, stake\sign.ord(111291) -17- 17C - 3 for the purpose of advertising such items, except as allowed pursuant to the provisions of this ordinance. F. PAINTING MARKING ETC OF STREETS SIDEWALKS UTILITY POLES, ETC. No person shall attach any sign, paper, or other material, or paint, stencil, or write any name, number (except address numbers) or otherwise mark on any sidewalk, curb, gutter, street, utility pole, public building, fence, or structure except as otherwise allowed by this ordinance. G. ATTACHING ADVERTISING MATTER TO FENCES, UTILITY POLES, STREET SIGNS, ETC. No person shall place, stick, tack, nail, or otherwise place any advertisement, sign, handbill, placard, or printed or written matter or thing for political advertisement or other advertising purposes upon any fence, railing, sidewalk, public telephone pole, electric, or other utility pole or any other public property, including trees thereon or to knowingly cause or to commit same to be done for his benefit. H. PORTABLE SIGNS No person shall erect or allow to be displayed any portable sign; except, however, that upon a majority vote by the City Council, a special permit may be issued to any non-profit organization for an on-premise portable sign. Permits shall be issued for one thirty (30) day period with at least ninety (90) days separation between permits. I. CERTAIN ILLUMINATED SIGNS PROHIBITED 1. No sign shall be illuminated to such an intensity or in such a manner as to cause a glare of brightness to a degree that it constitutes a hazard or nuisance to traffic. Moving, flashing, intermittent lighted, changing color, beacons, revolving, or similarly constructed signs shall not be allowed. It is further provided that a sign which uses illumination to provide time of day and/or temperature only shall not constitute a flashing sign. 2. No lighted sign shall be erected or displayed within one-hundred fifty (150) feet of a residentially zoned neighborhood unless the lighting is shielded from view of the residentially zoned district and indirect light does not exceed 1/2 lumen measured from any property line of the residentially zoned district. slake\sign.ord(111291) -18- 7c -� y J. SIGNS PROJECTING MOVER PUBLIC PROPERTY It shall be prohibited to erect or allow to be displayed any type of sign on or over public property, unless the same be erected by the City, or with the permission of the City, for public purposes. R. ROOF SIGNS PROHIBITED Any sign erected on a vertical framework supported by and located immediately and entirely over the roof of a building is prohibited. SEC. 23 NONCONFORMING EXISTING SIGNS All signs that are lawfully in existence on the date of adoption of this ordinance may exist in their present form, but no such signs shall be altered, repaired, or moved unless a permit be issued pursuant to the provisions of this ordinance. Permits granted prior to the passage of this ordinance shall be renewed only if the applicant complies with all provisions of this ordinance. Any legal, non-conforming sign which has been substantially destroyed or dismantled for any purpose other than maintenance shall be deemed as completely destroyed if the cost of repairing the sign is more than 60% of the cost of erecting a new sign of the same type at the same location. Under this provision, the sign shall be removed and a permit is required to erect a new sign. SEC. 24 SIGN COPY Notwithstanding anything contained herein to the contrary, any sign authorized in this ordinance is allowed to contain non-commercial (ideological) copy in lieu of any other copy. SEC. 25 CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance Nos. 350, 398, and 485 are hereby repealed in their entirety. SEC. 26 SEVERABILITY CLAUSE 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 slake\sign.ord(111291) -19- S 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. SEC. 27 PENALTY 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 Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SEC. 28 SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulation of signs 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. SEC. 29 PUBLICATION IN PAMPHLET FORM The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SEC. 30 PUBLICATION IN OFFICIAL NEWSPAPER The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. slake\sign.ord(111291) '20' 7C •2G 'i SEC. 31 EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1991. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1991. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: slake\sign.ard(111291) -21. City of Southlake,Texas M E M O R A N D U M November 27, 1991 TO: HONORABLE MAYOR FICKES AND CITY COUNCILMEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Ordinance No. 555, Application for Authority to Change Rates for Tri-County Cooperative, Inc. ------------------------------------------------------------- On November 4, 1991, I received an Application for Authority to Change Rates and Statement of Intent for Tri-County Cooperative, Inc. I have attached a copy of the application as well as Ordinance No. 555, which was approved by Council on first reading during the November 19, 1991 City Council Meeting. If you have any questions prior to the meeting, I will arrange to have them answered. -S L/sl NOV 4 1991 OFFIC Or CITY S£CRETAR November 11 1991 City of Southlake Southlake, Texas Gentlemen: I hand you herewith the filing pursuant to Section 43 of the Public Utility Regulatory Act (V.A.C.S. Art. 1446c) the Application for Authority to Change Rates and Statement of Intent of Tri-County Electric Cooperative, Inc. Bound together with this Application for Authority to Change Rates and Statement of Intent are all supporting data required by and filed with the Public Utility Commission of Texas in connection with the rate change. Also enclosed is a form of ordinance which the cooperative is requesting the city to enact. Please indicate your receipt of this filing by your signature, title, date and time of receipt noted upon the copy of this letter presented herewith and return the executed copy. Sincerely, TRI-COUNTY ELECTRIC COOPERATIVE, INC. By: y Authorized Representative Enclosures Received y C/i'ty_ of S u lake Name: �(/ -- Title: Date: • Time: DOCKET NO. APPLIMEET ACION OF COOPERATIVE,UINC. FOR S AUTHORITY TO CHANGE RATES S CITY OF SOUTHLAKE PURSUANT TO PROCEDURES IN S 16 T.A.C• S 23.23 (C) S APPLICATION FOR AUTHORITY TO CHANGE RATES AND STATEMENT OF INTENT Tri-County Electric Cooperative, Inc. ("Applicant") , pursuant to the requirements of Section 43 (a) of the Public Utility Regulatory Act, files this its statement of intent and application for authority to change rates pursuant to procedures in 16 T.A.C. 23.23 (c) and in support thereof would respectfully show the following: I. The business and mailing address of Applicant are: Mr. D. L. Knight Executive Vice President and General Manager Tri-County Electric Cooperative, Inc. 600 N.W. Parkway Azle, Texas 76020 (409) 543-6271 Applicant's authorized representative is: Mr. Earnest Casstevens Casstevens & Casstevens 1601 Rio Grande, Suite 400 Austin, Texas 78701 (512) 472-0992 II. Applicant proposes to change rates in all areas to which it provides electric utility service effective January 1, 1992. Applicant requests the City of Southlake (City) to approve iaplementation of the proposed changes in all areas within its 7 D-3 incorporated limits. Jurisdiction of the City arises under Section 17 (a) of the Public Utility Regulatory Act, Article 1446c of the Texas Revised Civil Statutes. Residential consumers of Applicant are affected by this application. These persons include persons within the corporate limits of the City. III. The Cooperative has requested that the Public Utility Commission review and action regarding this application and statement of intent be conducted pursuant to the provisions of 16 T.A.C. 23.23 (c) . Attached as Exhibit DLK-1 to the affidavit of D. L. Knight is a resolution of the Applicant's board of directors approving the proposed change in rates and authorizing the filing of this application and statement of intent with the Commission. Written individual notice has been provided to Applicant's ten largest consumers by first class mail to each consumer's billing address or an alternative address previously specified by the consumer. Written individual notice has been provided to all other utilities certified to provide retail service to service area of Applicant. Applicant has submitted to a newspaper having general circulation in each county containing territory affected by the proposed change a request that the newspaper publish once each week for four consecutive weeks prior to the effective date of the proposed rate change a statement of intent as provided in 16 T.A.C. § 21.22 (b) . Proof of publication in the form of publisher's affidavits will be submitted to the Commission as soon as they are available. Applicant will include as an insert in its next billing a notice of rate change request. This insert will be mailed within 72 -� thirty days after the filing of this Application for Authority to Change Rates and Statement of Intent. A copy of the notice is Iattached as Exhibit DLK-2 to the affidavit of D. L. Knight. Contemporaneously with this filing, Applicant has mailed or delivered a copy of the proposed rate schedule to the appropriate officer of any affected municipality. Attached to this filing is the affidavit of D. L. Knight affirming that notice has been completed in accordance with 16 T.A.0 S 23.23 (c) . Under the proposed rates the total revenue of the cooperative would change by no more than 5% of the test year level, exclusive of any changes to reflect changes in the cost of purchased power. The chars a in base revenue collected from any consumer percentage g class would be no more than 1.5 times the percentage change in system base revenue. The effective date of the proposed change is at least sixty days after the application filing date. The utility has not changed any rate pursuant to 16 T.A.C. 23 .23 (c) in the preceding twelve months. IV. Applicant has filed contemporaneously with this Application, an application to the Public Utility Commission of Texas to approve implementation of rate changes contained in its Application for Authority to Change Rates and Statement of Intent in areas within the original jurisdiction of the Commission. Applicant has also contemporaneously filed with each city within which Applicant ` provides service an application requesting approval of implementation of such changes within the corporate limits of each city. 73 v. As a result of increases in the cost of doing business, tApplicant's present rate schedules will no longer yield a level of operating revenues sufficient to maintain Applicant's financial integrity. The proposed rates should improve this situation. The proposed rates are just and reasonable and are designed to equitably distribute among the cooperative's members the revenue burden required to operate the cooperative. Based upon a test year ending May 31, 1991, the increase in revenues requested is $1,565,899 or 4.5% over test year revenues adjusted for test year rate increases, if any. This test year ends with the most recent calendar quarter for which information is available. vI. Filed herewith and incorporated herein are tariff sheets containing the proposed changes. The estimated effect on total revenues and on revenue by residential consumer class and number of residential consumers is as follows: Number Proposed Percentage Percentage consumer of Increase Change Change Class Consumers (Dollars) Base Revenue Total Revenue Residential 28,391 1,565,899 26.00% 4.5% vII. Inquiries concerning this Application for Authority to Change Rates may be directed to Earnest Casstevens, Casstevens & Casstevens, 1601 Rio Grande, Suite 400, Austin, Texas 78701, ftelephone number (512) 472-0992. WHEREFORE, Applicant respectfully requests the City to issue notice to the public of a hearing to be held on Applicant's 74 D - i Application and Statement of Intent and, upon final hearing to approve implementation of rates allowed by the Public Utility Commission in areas within the corporate limits of the City contemporaneously with the effective date of those changes. Respectfully submitted, Earnest Casstevens CASSTEVENS & CASSTEVENS 1601 Rio Grande, Suite 400 Austin, Texas 78701 (512) 472-0992 �GWjtt,� Earnest Casstevens State Bar 103980400 Attorneys for Tri-County Electric Cooperative, Inc. r r . i t IL t75 1 17° - T ORDINANCE NO. AN ORDINANCE ELECTING TO HAVE THE PUBLIC UTILITY COMMI ION OF TEXAS EXERCISE EXCLUSIVE ORIGINAL JURISDICTION OVER ELECTRIC UTILITY RATES, OPERATIONS, AND SERVICES WITHIN THE EXISTING AND FUTURE INCORPORATED LIMITS OF THIS MUNICIPALITY, PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR NOTICE OF THIS ORDINANCE TO THE PUBLIC UTILITY COMMISSION OF TEXAS, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW, . WHEREAS, provision is made in Section 17 (b) of the Public Utility Regulatory Act (Article 1446c, Vernon's Annotated Texas Statutes) whereby a municipality may elect to have the Public Utility Commission of Texas exercise original jurisdiction over electric utility rates, operations, and services within the incorporated limits of said municipality; and WHEREAS, the Public Utility Commission of Texas is well- equipped to regulate the rates, operations, and services of electric utilities within this municipality in keeping with the best interests of the consumers and electric utilities; and WHEREAS, the Governing Body of this municipality, after having thoroughly considered the matter, is of the opinion that the best interests of this municipality will be served by having the Public Utility Commission of Texas exercise the exclusive original jurisdiction over electric utility rates, operations, and services; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That the Governing Body of this municipality does hereby elect to have the Public Utility Commission of Texas exercise exclusive original jurisdiction over electric utility rates, operations, and services within the existing and future incorporated limits of this municipality. SECTION 2 . That this Ordinance shall become effective, and the Public Utility Commission of Texas shall service the exclusive original jurisdiction over said electric utility rates, operations, and services on and after the date of the passage hereof. SECTION 3 . That this is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public and as required by law and that public notice of the time, place and purpose of said meeting was given as required. 7D_ 0 SECTION 4. That an emergency exist necessitating the suspension of any rule requiring multiple readings of this Ordinance and all multiple readings of this Ordinance are hereby waived; this Ordinance shall take effect immediately upon its passage. SECTION 5. That the Secretary of this municipality shall give notice of this Ordinance to the Public Utility Commission of Texas by forwarding a certified copy of same to the Public Utility Commission of Texas upon the passage of this Ordinance. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1991. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1991. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE• r7O - q November 26, 1991 Ms. Karen Gandy Zoning Administrator . 667 N. Carroll Avenue Southlake, Texas 76092 RE: Case #ZA91-51 Dear Karen: Per our conversation, please consider this letter as your authorization to withdrwal the above referenced case from consideration. I want to thank you and the city Council people for the time and helpfullness you have given me in having this problem solved. If you have any questions, please call me. Sincerely, / Beth Futc SA- 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-58 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 APPROXIMATELY A .439 ACRE TRACT OF LAND OUT OF THE C.M. THROOP SURVEY, ABSTRACT NO. 1510, TRACT 7A4B3, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL ZONING DISTRICT TO "I-1" LIGHT INDUSTRIAL ZONING DISTRICT SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agriculture 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 damages; noise Ordinance No. 480-58 Page 1 !Fit-3 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 Ordinance No. 480-58 Page 2 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 0.439 acre tract of land out of the C.M. Throop Survey, Abstract No. 1510, Tract 7A4B3, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural District to "I-1" Light Industrial 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. Ordinance No. 480-58 Page 3 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 B. 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 1991. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1991. MAYOR Ordinance No. 480-58 Page 4 5'9-- b ATTEST: e CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Ordinance No. 480-58 Page 5 City of Southlake,Texas M E M O R A N D U M + November 22, 1991 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 91-66 ------------------------------------------------------------------------------ REQUESTED ACTION: Zoning change request and concept plan approval; 7.5 acres, John A. Freeman Survey, Abstract No. 529, being more commonly known as portions of Lot 1, Miron Addition and Lot 2B, Gorbutt Addition LOCATION: 1600-block of E. Southlake Blvd., behind Kids, Inc. and D & L Printing Co. , OWNER/APPLICANT: Robert Miron dba Miron Properties, Inc. CURRENT ZONING: 11C-211, Commercial-2 REQUESTED ZONING: "B-111, Business Service Park LAND USE CATEGORY: Mixed Use and Transitional Land Use (adjacent to low density residential uses) NO. NOTICES SENT: Ten (10) RESPONSES: One (1) written response: Darrell McNutt, 212 Westwood, opposed; "leave C-2". Inquiries from Jerry Adcock, 204 Westwood and Pat Morgan, 210 Westwood, offered no opinion. P & Z ACTION: November 21, 1991; Approved (7-0) with plan review letter dated November 15, 1991. STAFF COMMENTS: Attached please find the Second Plan Review Summary dated November 27, 1991. Concept Plan approval is a prerequisite to approval of a 11B-1" zoning request. Attached please find the 11B-1" district regulations. 10- KPG l CITY OF SOUTHLAKE APPLICATION FOR CHANGE OF ZONING Submittal Date: Case Number: ZA Fee: $100.00 Receipt No. 55113 PLEASE TYPE OR PRINT A. APPLICANT OWNER(S) (if different) Name: I;Viaoc/ P¢oA0,enes,1 ' . Agent: 2-o EWT MJ V2.0 ! Address: I&J5 EAST &&,V i�6urRGWFA -I;_ 76o?Z Telephone: ¢f f' 2',i2 B. PROPERTY DESCRIPTION: Legal Description: ( ) Property is unplatted according to the County Deed Records Vol . Page It is shown as Tract of the Survey, Abst. No. , City Tax Records . ( �) A metes and bounds description is attached. ( �) Property is platted and described as: Subdivision Name: ���� ��[.rGl Gl.'g007rl'T / /�/,P / SN�D/r//s/qy Block , Lot(s) ; Block Lot(s) ( ) Address of Subject Property: Property Location: *0A s yr' On EM 1'709 - 57 of Acreage: ( ) A typed mailing list of all property owners within 200 feet of the subject property is attached. ( ) A current survey or plat map is attached. A concept plan shall be submitted for "CS" , "SF-30" , "SF-20A" , "SF-20B", "MF-1110, "B-1111 "B-219 , "HC" , "S-P-2" zoning requests . (Required prior to development site plan submittal, but optional at the time of zoning request for "0-1" , 110-211 , "C-111 , "C-211 , "C-3111 "C-411 , 19I-111 , 11I-2" zoning districts . ) ( ) A development site plan shall be submitted with zoning request in the "MH" and "S-P-1" 7"'T districts . go- z City of Southlake Application for Change of Zoning Page Two C. NATURE OF THE REQUEST: Present Zoning: C 2. Requested Zoning: Existing Use: Gy Proposed Use: Reason for Requesting the Change: T D. AUTHORIZATION BY OWNER(S) : I (We) hereby authorize the City of Southlake and its employees to enter upon the premises herein above described at all reasonable times for the purpose of erecting, maintaining, or removing signs to notify the public of the pending zoning application and/or public hearing concerning said application. I (We) release the City of Southlake and its employees from liability for any damages which may be incurred to my (our) property in the erecting, maintaining, or removal of said signs . I (We) further understand that it is necessary for me (us) to be present at the Planning and Zoning Commission and City Council public hearings . Signature of Owner Name Typed or Printed ate E. AUTHORIZATION IF AGENT INVOLVED: I, owner of the aforementioned property do hereby certify that I have given my permission to to act as my agent for this rezoning request. Signature of Owner(s) Name Typed or Printed Date Before me, a Notary Public, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , 19 NOTARY PUBLIC IN AND FOR TEXAS My Commission expires the day of 19 `�8�3 EXHIBIT FOR B1 ZONING REQUEST 28 OCTOBER 1991 BEGINNING at a point, said point being South 00 degrees 02 minutes 39 seconds East 152.00 feet from a 1/2 inch iron rod found, said iron rod being the Northeast corner of the Miron Subdivision, an addition to the city of Southlake, Tarrant County, Texas, the plat of which is recorded in Volume 388-131, Page 24, Plat Records of Tarrant County, Texas (P.R.T.C.T.) ; THENCE South 00 degrees 02 minutes 39 seconds East 815.12 feet to a 1/2 inch iron rod found for corner, said iron rod being the Southeast corner of said Miron Subdivision; THENCE South 89 degrees 34 minutes 56 seconds West 453.71 feet to a 1/2 inch iron rod found for corner, said iron rod being the Southwest corner of said Miron Subdivision; THENCE South 89 degrees 47 minutes 30 seconds West 315.00 feet to a 1/2 inch iron rod found for corner; THENCE North 00 degrees 08 minutes 10 seconds East 270.48 feet to a point for corner; THENCE South 89 degrees 55 minutes 08 seconds East 548.34 feet to a point for corner; THENCE North 00 degrees 02 minutes 39 seconds West 323.76 feet to a point, said point being the beginning of a curve to the left having a central angle of 3 degrees 57 minutes 21 seconds, a radius of 300.00 feet and a tangent distance of 10.36 feet; THENCE along said curve to the left an arc distance of 20.71 feet to a point; THENCE North 04 degrees 00 minutes 00 seconds West 93.20 feet to a point, said point being the beginning of a curve to the right having a central angle of 28 degrees 00 minutes 00 seconds, a radius of 160.43 feet and a tangent distance of 40.00 feet; THENCE along said curve to the right an arc distance of 78.40 feet to a point; THENCE North 24 degrees 00 minutes 00 seconds East 18.51 feet to a point, said point being the beginning of a curve to the left having a central angle of 6 degrees 08 minutes 26 seconds, a radius of 189.23 feet and a tangent distance of 10 .15 feet; THENCE along said curve to the left an arc distance of 20.28 feet to a point for corner; THENCE North 89 degrees 57 minutes 21 seconds East 198 .32 feet to the Point of Beginning and containing 326,528.87 square feet (7.50 acres) of land. gg -�4 SECTION 24 B-1 BUSINESS SERVICE PARK DISTRICT 24. 1 PURPOSE - P POSE AND INTENT In establishing this district, the City Council recognizes that some uses that would otherwise fall into the Industrial category are of such a nature that, under appropriate development controls, they may be appropriate neighbors for areas carrying a residential zoning classification. This district is intended to provide for innovative and well designed development of office, nuisance free research, and fully enclosed industrial uses in a modern working environment. It is intended that all uses in the B- 1 district will be compatible with adjacent single family uses, thereby maintaining the character and integrity of existing neighborhoods. Uses in this district should be attractively designed to provide space for appropriate access and internal circulation, and blend well with adjoining uses. These sites may be located contiguous to residentially zoned properties, but should be located in such a manner as to preclude the necessity of travel through residentially zoned areas to reach these sites. This zoning classification should be carefully sited in areas that are designed with sufficient supporting utility infrastructure and appropriate access to arterial level thoroughfares. This zoning category is not appropriate for retail establishments nor any use that entails outside storage of any kind. All permitted uses must be conducted within an entirely enclosed structure except for permitted accessary signs and off-street parking and loading facilities. 24 . 2 PERMITTED USES a. Office and Commercial Uses. 1. Any use permitted in 0-1 district. 2 . Administrative, executive and editorial offices for industrial organizations. 3 . Apparel and millinery manufacturing and assembly. 4 . Banks. 5. Barber and beauty shops. 6. Book and stationery stores. 7 . Computer manufacture and research. 7A. Day nurseries or equivalent childcare facilities operated principally for the benefit and service of employees working within the office building or 24-1 Ss-s consolidated office complex. (As amended by Ordinance No. 480-D. ) 8. Dry goods and apparel storage and distribution. 9. Electronic manufacture, research and assembly. 10. Funeral homes. 11. Lithograph, engraving, printing and publishing. 12. Manufacture of medical and dental equipment. 13. Manufacture of musical instruments. 14. Medical clinics. 15. Nursery yards or buildings for retail sales and landscaping companies, provided that incidental equipment and supplies are primarily stored within a building or enclosed within a screening device. Nursery products themselves may be grown, raised, stored and marketed outdoors. The outdoor storage and sale of nursery products shall be exempt from all other outdoor storage and screening requirements contained within this ordinance. These products are established as an exception to all other outdoor storage and screening requirements as by their very nature they assist in meeting the landscaping, screening, buffering and open space goals of the City. (As amended by Ordinance No. 480-C. ) 16. Optical instrument and lenses manufacturing. 17. Private schools and public schools. 18. Professional and business schools. 19. Retail activity of a service nature designed to provide direct service support to the businesses and employees who occupy the remainder of the office complex. This would be limited to those activities which are clearly supportive of office operations, such as food service in the nature of cafeterias or snack bars, news stands or gift shops providing reading material and small, consumable sundries, pharmacies or drug stores, particularly when co- located with medical or medical related office facilities, office supply stores or outlets providing support to businesses within the complex itself (stores operating under this provision shall not be limited only to sales within the office complex, but should clearly be aimed at marketing 24-2 95- 6 primarily within the immediate vicinity of the complex site) . 20. Retail uses which are reasonably related to the principal uses within the structure provided they do not exceed fifteen (15) percent of the floor area of the building. 21. Scientific and professional instrument manufacturing. 22. Security guard quarters. 23. Small parts manufacturing and assembly. 24. Studios for training in fine arts. b. Community Facility Uses - City hall, police and fire stations and other municipal uses. 24.3 ACCESSORY USES - In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. 24.4 SPECIFIC .USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480-C. ) 24.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable: a. Height: No building or structure which lies within one hundred (100) feet of any area zoned in a residential classification shall exceed one (1) story nor twenty (20) feet in height. Any building lying more than one hundred (100) feet from any area zoned in a residential classification shall not exceed two and one-half (2 1/2) stories nor thirty-five (35) feet in height. b. Front Yard: Any and all lots within this District that directly abut lots or tracts zoned in a residential classification and which share a common frontage upon a public street or right-of-way with the residentially 24-3 Q 0O" ? zoned property shall maintain a minimum front yard of forty (40) -feet. All the lots within this District shall maintain a'minimum front yard of thirty (30) feet. C. Side Yard: There shall be a side yard of not less than fifteen (15) feet; provided, however, where a B-1 zoned lot abuts on the side of property zoned as single family residential, each portion of a building in excess of fifteen (15) feet in height shall be set back at least one (1) foot for each one (1) foot in height. d. Rear Yard: There shall be a rear yard of not less than ten (10) feet except where the lot abuts property zoned as single-family residential there shall be a rear yard of not less than twenty-five (25) feet. e. Maximum Lot Coverage: As approved by the City Council after a recommendation by the Planning and Zoning Commission pursuant to Site Plan Review with requirements to be established based upon an analysis of the location, configuration, environmental impact and compatibility of this project with adjacent land uses. (As amended by Ordinance No. 480-C. ) f. Lot Area: The minimum area of a lot in this district shall be five (5) acres. g. All business shall be conducted entirely within a building. Outside storage and/or display of any type shall be prohibited. h. All exterior lighting designed for security, illumination, parking lot illumination or advertising and which is placed within this zoning district shall- be designed in such a manner as to ensure that it does not extend into adjacent residentially zoned properties. i. Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be totally encircled or screened by fence, planting or other suitable visual barrier. j . Off-street vehicle parking spaces may be located within the required front yard of any retail, office or industrial district; however, such off-street parking spaces shall be on a hard surfaced drive or parking area. k. The minimum distance between detached principal or accessory buildings on the same lot shall be twenty (20) feet. 24-4 �84 1. All roof mounted equipment (including fans, vents, cooling towers, etc. ) which rises above the roof line shall be adequately screened. M. No off-street parking shall be located closer than fifteen (15) feet to any single family zoned district nor five (5) feet to any adjacent property line. All parking lots within sixty (60) feet of a single family lot shall be separated from said lot by a screening fence or wall not less than eight (8) feet high. The parking area shall be used for passenger vehicles only, and in no case shall be used for sales, repair work, storage, dismantling or servicing of any vehicles, equipment, materials or supplies. Parking lots shall be screened from a residential street by use of a hedge or berm of not less than four (4) feet in height. n. No loading space shall be located closer than fifty (50) feet to any lot zoned single family, unless wholly within a completely enclosed building or unless enclosed on all sides (except for necessary driveways, entranceways, etc. ) by a wall or other screening device not less than eight (8) feet in height. o. At least forty (40) percent of the total lot area shall be devoted to open space. Minimum open space requirements may be calculated on the basis of the overall development including required bufferyard, provided that the minimum open space on any individual lot within the development is not less than fifteen (15) percent. 24 . 6 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance shall be submitted with a request for zoning to a B-1 Business Service Park District. (As amended by Ordinance No. 480-C. ) 24.7 EFFECT OF CONCEPT PLAN - All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application. (As amended by Ordinance No. 480-C. ) 24 . 8 DEVELOPMENT SITE PLAN - A development site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in the B-1 district. (As amended by Ordinance No. 480-C. ) 24.9 PERFORMANCE STANDARDS - The following are maximum accepted levels of noise, vibration, smoke, particulant matter, and toxic and noxious matter allowable for industrial uses. If the proposed use is to emit sanitary sewage effluent containing industrial waste or other effluent into the City of Southlake sanitary sewage system, which is considered by the City Engineer to be unusual or to be capable of damaging 24-5 8s-9 the sanitary sewage system, a description of methods of pre- treatment of the effluent must accompany the Development Site Plan. �r The Performance Standards report may be waived by the Administrative Official if the proposed use is considered not to produce the listed affects. a. Noise. All uses or activities conducted within this zoning classification shall conform to the following standards for maximum allowable noise level as measured at all points along the property line of each tract or use: 1. The single event maximum sound disturbance created by any business activity or use within this district between the hours of 6:00 a.m. - 9:00 p.m. shall be 85 decibels. 2. The single event maximum sound disturbance created by any business activity or use within this district between the hours of 9:00 p.m. - 6:00 a.m. shall be 55 decibels. 3. The maximum Leq average for a business or activity within this district shall be 65 Leq between 7:00 a.m. and 5:00 p.m. 4. The maximum Leq average for a business or activity within this district shall be 60 Leq between 5:00 p.m. and 10:00 p.m. b. Vibration. At the point of measurement taken on the property line of the source property which has the highest reading, the sound pressure level or impact level of any operation or plant shall not exceed the decibel limits for the octave bands designated in Column I below, unless the point of measurement is located on a property line which is also the boundary line of a residential district, in which case the limit set forth in Column II shall apply. Frequency Column I Column II* (Cycles Per Displacement Displacement Second) (Inches) (Inches) 0 to 10 .0022 .0008 11 to 20 .0016 . 0005 21 to 30 . 0010 . 0002 31 and Over . 0005 . 0001 *Steady State -- Vibrations, for the purpose of this Chapter, which are continuous or, if in discrete pulses, are 24-6 1a-io more frequent than sixty (60) per minute. Impact vibrations, that is discrete pulses which do not exceed sixty (60) pulses per minute, shall not cause in excess of twice the displacement stipulated. C. Smoke. Particulate Matter and Visible Emissions: Smoke or visible emissions emitted from any vent, stack, chimney, skylight, or window shall exceed an opacity of twenty (20) percent averaged over a five (5) minute period. Any emission of air pollutant must be in accordance with the requirements of the State of Texas. Emissions shall not exceed any of the following net ground level concentrations: 1. One hundred micrograms per cubic meter of air sampled averaged over any five consecutive hours. 2. Two hundred micrograms per cubic meter of air sampled, averaged over any three consecutive hours. 3 . Four hundred micrograms per cubic meter of air sampled, averaged over any one hour. d. Toxic and Noxious Matter: The handling processing, storage and disposal of hazardous, toxic, or noxious materials within this District shall be in accordance with applicable State and Federal laws and regulations. In addition, the Planning and zoning Commission may establish additional performance standards, including set backs, beams, and , buffers, for the sitting of facilities which handle, treat, store, or dispose, of potentially hazardous or dangerous materials. e. Odor: No operation shall permit odors to be released which are detectable at the property line in Light Industrial Districts and which offensively affect the sense of smell. f. Glare: All artificial light sources shall be shielded so as to prevent direct rays of light from crossing a zoning district boundary line. g. Fire Hazards: The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderately combustible is permitted in accordance with applicable City codes and ordinances. The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted in accordance with applicable City codes and ordinances provided the following condition is met: Said materials or products shall be stored, utilized or manufactured within complete enclosed buildings having 24-7 5B-1l incombustible exterior walls and protected throughout by an automatic fire extinguishing system. The storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors, shall be permitted in accordance with (exclusive of storage of finished products in original sealed containers) the City Is. fire code as interpreted by the City Fire Marshal. h. Additional Standards: The Planning and Zoning Commission may recommend to the City Council the establishment of additional performance standards to protect neighboring areas and land uses from potential industrial hazards and nuisances as necessary. In the event that a new or unusual industrial use or activity is proposed for location within this zoning district and the Zoning Administrator believes that the existing industrial performance standards shall be insufficient to effectively protect adjacent land uses or future uses, he shall so advise the Planning and Zoning Commission is writing. The Planning and Zoning Commission shall then consider whether or not professional investigation or analysis should be performed to identify reasonable performance standards for the proposed use. If the Planning and Zoning Commission should determine that additional standards should be considered, they will identify the areas to be studied and will forward a recommendation to the City Council for action. The City Council shall hold a hearing to determine if research should be undertaken on these areas of performance standards development. At the conclusion of this hearing, the City Council may direct City staff to employ such consultants as are necessary to conduct the appropriate research necessary to develop the standards required for successful management of the new project. Any and all costs incurred by the City in this regard shall be chargeable as a portion of the building permit costs or zoning application fee (whichever is appropriate) for the project or construction activity requiring this research. 24 . 10 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose. Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480-D. ) 24-8 9B-iab 1sIA, I -- _----- at z , I Stu MOCHA ID EADS SURVEY ABST. NE491 A r— 3L:rsTf Na 'f '� !D _sole_ 1t tE 4HOMAS MAHAby sva SURVEY "St 2 1049 l 14"Ae• zs 2 ss- x so 3 tw 20 S so m - �T I CITY I E 0 --� HALL ' cT _ x L � I _Aq - 3.2 J]AI I' .e V- 3I � 2• r Islas SE • _ I 1 13i•c. _ C_ I : noe,,,,,EyT M1iEM14Y EAST 2 I T' 3o3s loss� !c 3Ae- 4 I / ! I 301 _J 3 Ac < 4 t . FM _. --- - 9q 134 3•1 sc %. aD 7A •2C 2 28 WA 021 Ii Ac;ifl• F1!20 T i 'r •` I i'z" ' 6OR ! i SOS /►9 20 p I301 15 Ar J ` ! .t 1 lI. 30� 302 -z,12 dD 401 ( I ol O12-Ac. e: C. rEl E 3A °_i`-YJ-Q- 20 AC p� ' i H N A. IGILU.L N 31Ac H�, I \ _ SURVEY 4 I N4 29 t � Mltl'I 3 V 3 I OF _ _- C. iSUB ' 2 6A _ 6c ._44.��-— 12"Ac 6r aAc aC IA3 I }, _ 20 Ac. —'� 44r aB I �— II i 24. °A -- -• RAW W i; d+. \Y�Y. 4i: L Z- 2B 1 BAz zcl A2 —�-- SURVEY A89T. NgI803' 61.3Ac. 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O . o . . . .. . . .. r 0 0 a . . 0 . re' - 14 r R. EA DES TR 6 o d SURVEY 68.256 @ TR 2A 53.497 ACA —481 � I St. of Texas St. of Texas — — — SA1� 2A .047 @ �C�@ 1.522 AC Woodland Grp 1A �T o-1 GG� 2 V U Smock & Husseini J.V. -{ �Q Woodland Group 1 I �1 SF-1 12.622 AC 62aGj 0-1 2 Don 2 Light 2e SF-1 5.476 @ 9.657 AC Jerry W. Adcoc SF-1 David E. Mor an 4 +`J SF-1 I I D.W. McNu t c f1 I M.L. & W.E. Dalton SF-1 SF-20B ADJACENT OWNERS & ZONING 1 6 TR 7 37.27 AC 2 L 751�1- GRAPHIC SCALE 120 0 !0 120 240 yp IN FF.LrT 1 inch = 120 ft a IR I - EAST SOUTHLAKE BLVD. (F.M. 1709 e±'I'4 145.08' S 89'52'18" E 450.64' S 89'49'20 E i�------. 1 --------------- I - - - ' I ILDING LINE � FC2 t VI EXISTING I I = 06 08'28" XZONING I m a' I C2 ZONING 1 ( I R = 189.23' 198.32' I a i I I I T = 10.15' ,2 i I n l I I L - 20.28' I � I N2400'0dE j I w n 1 I i A - 26'00'Od' j 1 P I I i R - 160.43' ( I ;LOT 1 1 o f I I T - 40.00. I Z I 5 L 78.40, I I ' 0 I I I©N 04'00'00" 170.00' I z j 93.20' 1 S 89'55'08" E-- I wg I I I rj cb r----r--- 00- 1 1 10 U.E. < I I I 03757.21" ( �j I wF I I R = 300.00' T 0. ' W 9 O w�F tiI Il� iW L - 20.71' Iz 1F w ' oz I 1 :1 N L) P LOT 1 Iw zc PROPOSED Zo�m 91 x 'm„ cm 0 l I 110 Fw ml p WFLn n z 1. xm I l i a of 02 <I i I� wo I I I Z o O xl i Im r I I bo E" oI C� LOT 2 I� - - - - - - - - L-o zoo ' I I I �I 1 BENZ DRIVE ( NI 1 470.33 I ol I Z I cp W 1 - - - - - - - - i 30' B.L. � � _ �/ 1 SLOT-3 I ' I OV op i ' LOT 1 I cqo I I I 1 I I I z 1 I I j ( I LOT-4 L------ EXISTING 15'---U.E. ------------15_Q.L------------ I ------- --- I 453.7 FI I ' I I i EXHIBIT SHOWING B1 ZONING REQUEST MIRON PROPERTIES, INC. SOUTHLAKE, TEXAS 28 OCTOBER 1991 PAGE 1 OF 2 City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA91-66,67 REVIEW NO: ONE DATE OF REVIEW: 11/15/91 PROJECT NAME: Concept Plan - Miron Addition OWNER/APPLICANT: ENG/PLANNER/ARCHITECT: Robert W. Miron J. E. Levitt Engineers, Inc. P. O. Box 1164 726 Commerce Grapevine, Texas 76051 Suite 104 Southlake, Texas 76092 Phone: (817) 488-2659 Phone: (817) 488-3313 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 10/28/91 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744. 1. Show the areas included for each zoning request on the concept plan. 2. Note the proposed Land Use Designation (L.U.D. ) as "Mixed Use/ Transitional Zone" . 3. Label, note or provide a chart showing required bufferyards for all lots. 4. Driveway paving as shown encroaches into the required bufferyards. 5. The portion of the Gorbutt Addition adjacent to the northwest corner of this tract is zoned C-2 rather than 0-1. * A water line extension and fire hydrant will be required to service the storage buildings prior to issuance of a building permit. * All signs and culverts must be permitted separately. * The applicant should be aware that any revisions made prior to City Council must be received at the City by November 25, 1991. All revised submittals should be folded 6" x 9" and include an 8 .5" x 11" reduction. I * Denotes Informational Comment cc: Robert Miron Levitt Engineers g�3-i7 • o c t o � c wi 3 list 33 � w w �• it-aim M� .,r s 1 rya Aftw '%, 0 -T.T- ----� I lit' I I no JI €, ga-r� 1 City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA91-66,67 REVIEW NO: TWO DATE OF REVIEW: 11/27/91 PROJECT NAME: Concept Plan - Miron Addition OWNER/APPLICANT: ENG/PLANNER/ARCHITECT: Robert W. Miron J. E. Levitt Engineers, Inc. P. 0. Box 1164 726 Commerce Grapevine, Texas 76051 Suite 104 Southlake, Texas 76092 Phone: (817) 488-2659 Phone: (817) 488-3313 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 11/26/91 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . * A water line extension and fire hydrant will be required to service the storage buildings prior to issuance of a building permit. * All signs and culverts must be permitted separately. * Denotes Informational Comment cc: Robert Miron Levitt Engineers 00-11 � r � , I y r- Mt rus ' r ' / Iqq ` • , x - p r 41 •�`� I^ R e I "A Wftvg r a iu 17 u�fY ai r 1 �:3. r �• L • fi r' w I io 1 it • Y! V N 7 0 � Z • � 1� -� � �ONCi1'7 F4M •OM 4a Y Oaf wOMaMO •iOarwYT ,{�/��^).�. ITIi.00rwtAY-VrraMNriww - ii 8��0--- CITY OF UTHLAKE, TEXAS ORDINANC O. 480-61 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 APPROXIMATELY A 7.5 ACRE TRACT OF LAND OUT OF THE JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529, MORE COMMONLY KNOWN AS PORTIONS OF LOT 1, MIRON ADDITION AND LOT 2B, GORBETT ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-2" COMMERCIAL-2 ZONING DISTRICT TO "B-1" BUSINESS SERVICE PARK ZONING 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; ROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; OVIDING A SAVINGS - CLAUSE; PROVIDING F P LICATION IN THE OFFICIAL NEWSPAPER; D PR IDING AN EFFECTIVE DATE. WHEREAS, th ity of Southlake is a home rule City acting under its Char er a op a by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agriculture 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 Ordinance No. 480-61 Page 1 Fa. .4 x 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: Ordinance No. 480-61 Page 2 V47-Z 3 Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 7 .5 acre tract of land out of the John A. Freeman Survey, Abstract No. 529, more commonly known as portions of Lot 1, Miron Addition and Lot 2B, Gorbett Addition, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "C-2" Commercial-2 District to "B-1" Business Service Park 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 Ordinance No. 480-61 Page 3 �Q-�y 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. 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 Aw 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 1991. MAYOR ATTEST: CITY SECRETARY Ordinance No. 480-61 Page 4 13_4.- r PASSED AND APPROVED on the 2nd reading the day of 1991. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Ordinance No. 480-61 Page 5 1 City of Southlake,Texas M E M O R A N D U M November 22, 1991 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 91-67 ------------------------------------------------------------------------------ REQUESTED ACTION: Zoning change request and concept plan approval; 5.43 acres, John A. Freeman Survey, Abstract No. 529, being more commonly known as portions of Lot 1, Miron Addition and Lot 2B, Gorbutt Addition LOCATION: 1600-block of E. Southlake Blvd., behind Kids, Inc. and D & L Printing Co. OWNER/APPLICANT: Robert Miron dba Miron Properties, Inc. CURRENT ZONING: "C-211, Commercial-2 REQUESTED ZONING: "B-211, Commercial Manufacturing District LAND USE CATEGORY: Mixed Use and Transitional Land Use (adjacent to low density residential uses) NO. NOTICES SENT: Two (2) RESPONSES: None P & Z ACTION: November 21, 1991; Approved (6-1) subject to the plan review summary dated November 15, 1991. STAFF COMMENTS: The Concept Plan and Second Plan Review Summary dated November 27, 1991 are attached to ZA 91-66. Concept Plan approval is a prerequisite to approval of a "B-2" zoning request. Attached please find the "B-2" district regulations. KPG p�-t CITY OF SOUTHLAKE APPLICATION FOR CHANGE OF ZONING Submittal Date: 10 ai 9 f Case Number: ZA II-4 7 Fee: $100 .00 Receipt No. 55 11+ PLEASE TYPE OR PRINT A. APPLICANT OWNERS) (if different) Name: A/lZA1/ Agent: Address: /d 71 E- Sca��1600- A=y Telephone: TUf- B. PROPERTY DESCRIPTION: Legal Description: ( ) Property is unplatted according to the County Deed Records Vol. , Page It is shown as Tract of the Survey, Abst. No. , City Tax Records. ( L-1 A metes and bounds description is attached. ( — ) Property is platted and described as: Subdivision Name: Block , Lot(s) ; Block , Lot(s) ( ) Address of Subject Property: . Property Location: 96u/Ai �OE O� �/17flD�I " kAEsr OF eaV4 0 Acreage: ( ) A typed mailing list of all property owners within 200 feet of the subject property is attached. ( ) A current survey or plat map is attached. A concept plan shall be submitted for "CS" , "SF-30" , "SF-20A" , 11SF-20B11 , "MF-111 , "B-111 , "B-211 , "HC", "S-P-2" zoning requests . (Required prior to development site plan submittal, but optional at the time of zoning request for "0-1" , 110-211 , TIC-i" , "C-211 , 11C-3" , 11C-411 , "I-111 , 11I-2" zoning districts . ) ( ) A development site plan shall be submitted with zoning request in the "MH" and "S-P-1" zoning districts . Yc-z City of Southlake Application for Change of Zoning Page Two C. NATURE OF THE REQUEST: Present Zoning: C. L Requested Zoning: 13 11- Existing Use: C-Z-- Proposed Use: /3Z Reason for Requesting the Change: -r, D. AUTHORIZATION BY OWNER(S) : I (We) hereby authorize the City of Southlake and its employees to enter upon the premises herein above described at all reasonable times for the purpose of erecting, maintaining, or removing signs to notify the public of the pending zoning application and/or public hearing concerning said application. I (We) release the City of Southlake and its employees from liability for any damages which may be incurred to my (our) property in the erecting, maintaining, or removal of said signs . I (We) further understand that it is necessary for me (us) to be present at the Planning and Zoning Commission and City Council public hearings . ,' y 4 -/o ;2-0 Signature of Owner Name Typed or Printed ate E. AUTHORIZATION IF AGENT INVOLVED: I, , owner of the aforementioned property do hereby certify that I have given. my permission to to act as my agent for this rezoning request. Signature of Owner(s) Name Typed or Printed Date Before me, a Notary Public, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , 19 NOTARY PUBLIC IN AND FOR TEXAS My Commission expires the day of 19 k-3 EXHIBIT FOR B2 SONIJIG REQUEST 28 OCTOBER 1991 BEGINNING at a point, said point being South 00 degrees 02 minutes 39 seconds East 214.15 feet and South 89 degrees 57 minutes 21 seconds West 222.21 feet from a 1/2 inch iron rod found, said iron rod being the Northeast corner of the Miron Subdivision, an addition to the city of Southlake, Tarrant County, Texas, the plat of which is recorded in Volume 388--131, Page 24, Plat Records of Tarrant County, Texas (P.R.T.C.T.) , said iron rod also being the beginning of a curve to the left having a central angle of 18 degrees 02 minutes 29 seconds, radius of 160.43 feet, a tangent distance of 160.47 feet and a long chord which bears South 05 degrees 01 minutes 15 seconds West 50.31 feet; THENCE along said curve to the left an arc distance of 50.52 feet to a point; THENCE South 04 degrees 00 minutes 00 seconds East 93.20 feet to a point, said point being the beginning of a curve to the right having a central angle of 3 degrees 57 minutes 21 seconds, a radius of 300.00 feet and a tangent distance of 10.36 feet; THENCE along said curve to the right an arc distance of 20.71 feet to a point; THENCE South 00 degrees 02 minutes 39 seconds East 323.76 feet to a point for corner; THENCE North 89 degrees 55 minutes 08 seconds West 548.34 feet to a point for corner; THENCE North 00 degrees 08 minutes 10 seconds East 313.00 feet to a 1/2 inch iron rod found for corner; THENCE South 89 degrees 55 minutes 08 seconds East 170 .00 feet to a point for corner; THENCE North 00 degrees 07 minutes 31 seconds East 174 .83 feet to a point for corner; THENCE South 89 degrees 52 minutes- 29 seconds East 374.14 feet to the Point of Beginning and containing 236,690.20 square feet (5.43 acres) of land. %C4 SECTION 25 B-2 COMMERCIAL MANUFACTURING DISTRICT 25.1 PURPOSE AND INTENT - This is the highest intensity business zoning district found within the City of Southlake and is intended to provide for the development of the most intensive commercial uses and those uses utilizing outdoor storage, display and limited fabrication. This use is not intended to be placed contiguous to or within close proximity to property carrying a residential zoning classification. This zoning category is a transitional zone between general commercial activities and industrial level activities. These sites are not designed to be located contiguous to residentially zoned properties and should be located in such a manner as to preclude the necessity to transit through residentially zoned areas to reach these sites. This zoning category is appropriate only along major arterial thoroughfares or in areas suitable for light industrial development. The category exists in order to allow the City to permit highly intensive commercial activity without the necessity of permitting those uses allowed in an industrial district. This zoning category will have environmental dysfunctions that could negatively impact surrounding development and therefore, should be carefully sited to avoid the creation of land use conflicts. This zoning category is not appropriate for environmentally sensitive areas of the community. The B-2 Commercial Manufacturing Zoning District is intended to provide a location for wholesale warehousing and storage when such activity is a portion of a traditional business activity. 25. 2 PERMITTED USES a. Commercial Uses. 1. Any retail establishment which sells used or previously owned merchandise with the exception of bona fide antique dealers or dealerships and used motor vehicles. 2 . Auto painting facilities. 3 . Automobile and motorcycle sales or rental establishments, provided that no such establishment shall exceed two (2) acres in size. Automobile body shops, brake shops, glass shops, seat cover and upholstery shops and transmission shops. Garages, storage and repair. 4 . Automobile repair/service; oil & lube shops; muffler shops. 25-1 Sc- 5 5. Boat sales, service and repair; recreational vehicle storage/sales. 6. Builder's supply, stores or outlets providing that all materials are contained within a building. 7. Bus stations. 8. Cafe or restaurant supply dealers for fixtures. 9. Commercial warehouse facility, providing that each individual warehouse structure does not exceed twenty thousand (20, 000) square feet. 10. Farm implement sales and service. 11. Frozen food lockers without size limitations. 12. Janitorial or cleaning services. 13. Mini-warehouses - a totally enclosed facility involving one or more buildings and multiple individual units, the purpose of which is exclusively storage of goods. Retail or wholesale, offices, manufacturing, fabrication, service, repair or any other type of commercial or business enterprise is expressly prohibited from this type of facility. Storage of hazardous or flammable materials as designated by the Fire Marshal is expressly prohibited from this type of facility. 14. Nursery yards or buildings for retail sales and landscaping companies, provided that incidental equipment and supplies are primarily stored within a building or enclosed within a screening device. Nursery products themselves may be grown, raised, stored and marketed outdoors. The outdoor storage and sale of nursery products shall be exempt from all other outdoor storage and screening requirements contained within this ordinance. These products are established as an exception to all other outdoor storage and screening requirements as by their very nature they assist in meeting the landscaping, screening, buffering and open space goals of the City. (As amended by Ordinance No. 480-C. ) 15. Pest control services. 16. Produce markets. 17. Rental equipment store, provided that all such equipment offered for rent is contained within a building. 25-2 L^6 18. Retail activity of a service nature designed to provide direct service support to the businesses and employees who occupy the remainder of the office complex. This would be limited to those activities which are clearly supportive of office operations, such as food service in the nature of cafeterias or snack bars, news stands or gift shops providing reading material and small, consumable sundries, pharmacies or drug stores, particularly when co- located with medical or medical related office facilities, office supply stores or outlets providing support to businesses within the complex itself (stores operating under this provision shall not be limited only to sales within the office complex, but should clearly be aimed at marketing primarily within the immediate vicinity of the complex site) . 19. Retail uses which are reasonably related to the principal uses within the structure provided they do not exceed fifteen (15) percent of the floor area of the building. 20. Retail feed stores. 21. Road machinery sales and services (totally within a building) . 22. Store fixtures sales facility. 23 . Truck sales/rental, if in conjunction with the sale/rental of automobiles. 24. Upholstery shops - furniture. 25. Wholesale house, sales office and storage. b. Community Facility Uses - City hall, police and fire stations and other municipal uses. 25. 3 ACCESSORY USES - In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. 25. 4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, 25-3 ic-7 together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480-C. ) 25.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable: a. Height: No building or structure which lies within one hundred (100) feet of any area zoned in a residential classification shall exceed one (1) story nor twenty (20) feet in height. Any building lying more than one hundred (100) feet from any area zoned in a residential classification shall not exceed two and one-half (2 1/2) stories nor thirty-five (35) feet in height. b. Front Yard: Any and all lots within this District that directly abut lots or tracts zoned in a residential classification and which share a common frontage upon a public street or right-of-way with the residentially zoned property shall maintain a minimum front yard of forty (40) feet. All the lots within this District shall maintain a minimum front yard of thirty (30) feet. C. Side Yard: There shall be a side yard of not less than fifteen (15) feet; provided, however, where a B-2 zoned lot abuts on the side of property zoned as single family residential, each portion of a building in excess of fifteen (15) feet in height shall be set back at least one (1) foot for each one (1) foot in height. d. Rear Yard: There shall be a rear yard of not less than ten (10) feet except where the lot abuts property zoned as single-family residential there shall be a rear yard of not less than twenty-five (25) feet. e. Maximum Lot Coverage: As approved by the City Council after a recommendation by the Planning and Zoning Commission pursuant to Site Plan Review with requirements to be established based upon an analysis of the location, configuration, environmental impact and compatibility of this project with adjacent land uses. (As amended by Ordinance No. 480-C. ) f. Floor Area: The minimum square footage of any structure existing within this district shall be three thousand (3 , 000) square feet. g. All exterior lighting designed for security, illumination, parking lot illumination or advertising and which is placed within this zoning district shall be 25-4 Q�_ d designed in such a manner as to ensure that it does not extend into adjacent residentially zoned properties. h. Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be totally encircled or screened by fence, planting or other suitable visual barrier. 25. 6 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance shall be submitted with a request for zoning to a B-2 Commercial Manufacturing District. (As amended by Ordinance No. 480-C. ) 25.7 EFFECT OF CONCEPT PLAN - All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application. (As amended by Ordinance No. 480-C.) 25.8 DEVELOPMENT SITE PLAN - A development site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in the B-2 district. (As amended by Ordinance No. 480-C. ) 25.9 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose. Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480-D. ) l 25-5 fc-y t 3A; ROCO ARD EARS r_J it Js"'A Y , SNB � SURVEY "ST. N248I I � x3 IA � — - --- It 10. IE 4H®ramA§ MAHAb 3e 5" _sDrx_ SURVEY ABST. 21049 i ECEL eQ r l 1 4+i zs z - s so `` so p /'JI CITY 50 xa. s) HALL i zc� ( R i�• --._. �L L_� I 1 3•2 J3.1 1 1• SA '-�— 31 I IS•4- �L - CSC " ►R.Esr ""enwY EAST 303► 303. X I SAC. • 3 Ac r q F.M. 51 nA 3AI 3E TA •ZC x 2e WA Rx lb I A4, (3� a 6080 1 _ SO�t �� 2 EjB_7 Re I 30Ak I J SAC ( I r 2E W- ISAV , 30i- 302 _2;1 1 i t i 3Ac 40,% O I 12WAc. i —III e Q- fL!!WH Lam! 20Ac PA I \ d'® Q"U. 'l' IL 3••c WIT; II I SURV€Y ABSTINQ 29 xl Sue 2 6A _._ _ - 60 41 _ - ..aa .� 12W4c ate i 6y I r- _, I 4 Ac 4C _ zo i E►' i 8M 44c 48 � I 24c. 4A I I RA yl — L-- J 6 •-Ili ''' I •1• J. W. lY I�! ze' 2c, I SURVEY AB51T. N5I903' 6saAe- I I L•y ecl ee�- 6• 6A1 (! .d I— < 14 I - 2C 6B� 601 64c. r 4 \J 6 "6F 160 I i • • I 34c eC e Za•c I I —j C D 6E' r1 '' EK I E ' ¢I I _.3E �. agr I L. z 6112 L — _ -4; o TRACT LOCATION MAP I N 1A1 r- -__ 16E EAST f.ONTINEN-AL 36VD ' �• j x ! r � 1A � !fi ie 1. ,• ------_ ( la 18� ile4K 'q6 —� �—p_. rerS E 'Gr 4c W Nac _P<t '810FIbIOAT -14 ,, , -y R. EA DES TR 6 o d SURVEY 68.256 @ TR 2A 53.497 ACA -481 � e + - - - iB - - - _185 @- - - Taylor,E. . —1— _ ". 149 @ - - — - - -2A I 1� 25 C7/7 .047 @ . 105@ 1.522 AC 1A 256 GO C-2 2.07 Smock & Husseini JV. Q o N 1 1A M I 2F 12.622 AC 62Q5 1 2 0-1 2 28 5.478 @ 857 AC 3 4 22 5 ADJACENT OWNERS & 'ZONING 1 6 TR 7 37.27 AC Q I "a0,4b_jlr 7 GRAPHIC SCALE o eo i2o zoo 400 ( IN FEET ) - --- -- -- -- 1 inch 120 ft I —_EAST SOU_THLAKE_BEND. _(F.M. 1709) � -- -- - a4l�< L6 145.Q8' S 89,5218* E S 89'49 20" E 450.84' -- — — I I 1'SnW �o'uX w 111 1 1 ILDING LINE on 1 11g�j - - - - - 65' B.l. I ogin EXISTING I N o t 1 I 1 EXISTING C2 ZONING I Z 1 i 1 : C2 ZONING I qN 1 I I NI III P.O. , I 374.14' 1 '..!�!......1 w , 1 222.21` i... I � I III I I I CD V C 1 JIB 18'02'2 I 1L0T 1 i 1 R - 180.43' 1 1 b [--,!I +I o f 1 1 i T = 25.47' 1 i I 0 1 1 S 04'00'00" EI I L = 50.62' I i1r 1 170.00' z f wz I I I© 93.20'— rT I I I I lb ---10'-U.E.---� L"n I I 1 0367'21 I 4' I w�[ 1 1 1 1 I T = 10 380 I I �o j f wl L I - 20.71' I lul w - 1 I Fw i I I zl U c'i "noz I I I � C', I z 0 z 01 o OaF�III —I— C? W L07 1 i mI Z Z 0 m 91 o II lg r-z 1 of m 19 p 2 Iw ` 0 E. o � I o V) I 0 1 LOT 2 - - - - - - - - I L- - - --1 z' i BENZ DRIVE I OI P I _ N 89'55'08" W �548_34' / Nj , 470.3J cal th z1 , w I - - - - - - - - 1130' B.L. � � _ � / Wi SLOT-3 I i i oa09 I 1 1 JAI I NZ 1 -=i LOT 1 81 ZONING j PROPOSED I I I 11 � I II I , I �_____ EXISTING 15' U_E_-_-1 15_U.E, I ILOT-4 _ ------------ I ------------ S 89'4 0 Yy 315.00' - - 1 — —S 89 34 6 yy —— 453�71 I I I I I 1 EXHIBIT SNOWING B2 ZONING REQUEST MIRON PROPERTIES, INC. SOUTHLAKE, TEXAS 28 OCTOBER 1991 k-/Z PAGE 1 OF 2 i GIs 3 fit- 4 • A ♦/ 1 i M 5 a i I 3 � � /�' � •I i 1 �� I � i ap I n i tENi 3 Trf, DIV It RMAV I CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-62 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 APPROXIMATELY A 5.43 ACRE TRACT OF LAND OUT OF THE JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529, MORE COMMONLY KNOWN AS PORTIONS OF LOT 1, MIRON ADDITION AND LOT 2B, GORBUTT ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-2" COMMERCIAL-2 TO "B-2" COMMERCIAL MANUFACTURING DISTRICT SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 21i of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "C-2" Commercial-2 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 Ordinance No. 480-62 Page 1 1 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: Ordinance No. 480-62 Page 2 8e - is Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 5.43 acre tract of land out of the John A. Freeman Survey, Abstract No. 529, more commonly known as portions of Lot 1, Miron Addition and Lot 2B, Gorbutt Addition, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "C-2" Commercial-2 District to "B-2" Commercial Manufacturing 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 Ordinance No. 480-62 Page 3 8�_ �b 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. 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 1991. MAYOR ATTEST: CITY SECRETARY Ordinance No. 480-62 Page 4 5C .47 PASSED AND APPROVED on the 2nd reading the day of 1991. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Ordinance No. 480-62 Page 5 g�- �� City of Southlake,Texas M E M O R A N D U M November 22, 1991 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 91-69 ------------------------------------------------------------------------------ REQUESTED ACTION: Revised Development Site Plan for building permit approval, 33.626 acres, Harrison Decker Survey, Abstract No. 438, Tracts 1B1, 1B1B, and 1B1C. LOCATION: 3100 Highway 26 West OWNER/APPLICANT: Conoco, Inc. CURRENT ZONING: 11I-211, Heavy Industrial with Special Exception Use Permit for a Petroleum Operation. LAND USE CATEGORY: Industrial BACKGROUND INFO: Conoco proposes the addition of a 10' x 30' foam storage building and ancillary utility services. This is to facilitate fire safety procedures. NO. NOTICES SENT: Twenty (20) RESPONSES: One written: Joe Coker, 1233 Timberline Ct. , opposed. He did not want Conoco to create more of a health hazard or noise problem than they already did. P & Z ACTION: November 21, 1991; Approved (5-0-2) subject to the November 15, 1991 review summary, deleting item #7 regarding the grading requirement. STAFF COMMENTS: Attached please find the First Plan Review Summary dated November 15, 1991. M .4- KPG g� i CITY OF SOUTHLAKE 04/02/91 SITE PLAN APPLICATION TITLE OF SITE PLAN: Southlake Products Terminal Foam ,Sprin` k1,=r 9WQtPm :UBDIVISION SITE PLAN IS IN: N/A LOT: AR;4J9 BLOCK: 1121R1 APPLICANT OWNER (if different) NAME: Conoco Inc. ADDRESS: iinn uyv 26L Grapevine, Tx 76051 PHONE: (817) 481-1566 I hereby certify that this site plan is in conformance with the requirements of Zoning Ordinances No. 480, amendments, and other ordinances, maps and codes of the City of Southlake that pertain to this submittal. I further understand that it may be necessary to be present at the applicable Planning and Zoning Commission and City Council meetings to represent the enclosed request and address any unresolved issues. Signed: t Date: 10/17/91 For City Use Only: I hereby acknowledge receipt of the site plan application and the application fee in the amount of $ jSd as on this the day of 19 q• Signed: 14 � y Title: r'�►`� *www*,►**+.*,rw*,►,r**ww **w**ww,r,r,r*w**•****,►*w*,t*w*,t:w**,r**** *.* ,etr.,t*,t*w***w*****tr:f*:.**,e he following checklist is a partial summary of site plan requirements required by the ity of Southlake. The applicant should further refer to Zoning Ordinances No. 480, amendments, and other ordinances, maps and codes available at the City Hall that may pertain to this site plan submittal. Shown Not On Plan Applic. Acceptable scale: 1"=201 , 1"=401 , 1"=100' or as approved (ALL) North arrow, graphic & written scale in close proximity (ALL) Small scale location map shown (ALL) Title includes appropriate title, (i.e. "Site Plan," "Development Site Plan," etc. ), name of development or platted lot and block designation, City, County and State, date of preparation (ALL) Name and address of owner. (ALL) Name, address and phone of firm preparing the site plan. (ALL) Metes and bounds labeled on property boundary. (ALL) V R.O.W. on or adjacent to the site labeled and dimensioned, adjacent street widths shown. (ALL) Adjacent property labeled with owner's name, existing zoning, land / use map designation. (ALL) The width and type of proposed bufferyard must be labeled. (ALL) Designation of the location and size of all points of ingress/egress to the site. (ALL) ✓ All pedestrian walks, malls and open areas for use by tenants or the public. (ALL) ZThe location, type and height of all walls, fences, and screening devices. (ALL) 9 D- 2 Site Plan Checklist . / Page 2 of 3 V Site Data Summary Chart (by phase and in total) to include the following items: _ //Existing zoning of this tract and any proposed zoning. (ALL) ✓ roes acreage and net acreage of the project. (ALL) Number of proposed lots. (RPUD, MXPUD including residential) _ esidential density. (RPUD, MXPUD including residential) / Percentage of site coverage. (MXPUD, SP1, SUP, BP) Anticipated schedule of development. (All except BP and SUP) Parking and loading spaces required and provided. (MXPUD, SPi, SUP, BP) Area of open space. (ALL) ✓wren space as a percentage. (ALL) Z/ Outside storage as a percentage. (ALL) Location, dimensions, max. height, number of stories, use or uses / contained therein, gross floor area. (All except RPUD) ✓ Square footage broken down by use. (SP1, SUP, BP) Entrances and exits to buildings. (BP, SP1) ✓ Architectural renderings or elevations of the proposed structures, noting whether or not the facades meet the masonry ordinance requirements. (SP1, SUP, BP) Distance between buildings and distance from building to property lines. (All except RPUD) Clear designation of all parking stalls intended for off-street parking and for off-street loading. (All except RPUD) 1� Dimensions of such parking and loading areas. -*"'-'(MXPUD, SPi, SUP, BP) Type of surface material. (BP, SP1) ,✓ Any intended lighting shown. (MXPUD, SP1, SUP, BP) Front building lines shown. (All) Rear and side building lines shown. (MXPUD, SP1, SUP, BP) Location, size, height, type and orientation of signs, lighting luminaries and exterior auditory speakers. The applicant shall also provide representative renderings of the particular sign type, facings, material compositions and colors. (MXPUD, SP1, SUP, BP) The location of all on-site facilities for liquid and solid waste temporary storage pending disposal or any proposed septic fields. (MXPUD, SP1, SUP, BP) Location of all trash dumpsters. (MXPUD, SP1, SUP, BP) ✓ The types of surfacing, such as paving (for example, asphalt, concrete, brick, turfing or gravel), to be used at the various locations. (MXPUD, SP1, SUP, BP) Easements on or adjacent to the site labeled and dimensioned. j (SPi, SUP, BP, RPUD and MXPUD if they impact the development) ✓ , Nearest fire hydrant dimensioned to property corner and any proposed hydrants shown. (MXPUD, SP1, 'SUP, BP) The fire lane width must be designated with all curb radii adjacent to the fire lane labeled. (MXPUD, SPi, SUP, BP) The proposed finished grade of the site, shown to contour intervals not exceeding two (2) feet. Spot elevations must be shown at all critical points, including but not limited to edges of pavement, curt returns, building corners, drainage paths, etc. Included must be directional flow arrows in all flow lines, and all existing drainage structures labeled with size, type and flow line elevation. Also show centerline of water courses and existing drainage easements. (BP, SPl) WD 3 Site Plan Checklist . / Page 3 of 3 V Note the benchmark used for the topographical information shown. This should correspond to a City approved benchmark. (BP, SP1) A summary chart showing all proposed variances to the closest zoning district in which the proposed use(s) would be allowed. This should show the referenced zoning district, the existing requirements and / the proposed variance. (RPUD, MXPUD including residential, SP1) VIntended category of uses labeled. (All) Show any areas intended for outside storage and method of screening. (All except RPUD) Site Data Summary Chart: Zoning: Existing zoning is 1-2, no changes are proposed. 1 New Building: 300 sq. ft. floor area, 1 story. For any site lans to be reviewed by staff, the submittal shall include the following: Blueprints (Folded 6" x 9") Reduction (8 1/21, x 1111) Drawings are approved by City of Southlake u Copies of written documents Fire Departmant (Roger Stewart) First submittals intended for review by the Planning and Zoning Commission shall include the following: Blueprints (Folded 6" x 9") Reduction (8 1/2" x 1111) Copies of written documents Second submittals intended for review by the City Council shall include the following: Blueprints (Folded 6" x 9") Reduction (8 1/2" x 1111) Copies of written documents Folder: ORD File: APPI.SIT 9D-4 i0 9� '.Al-� • �, _ y 302 2C 2 28 'B2A 192 lb AI 6VA I �— 'A 4c.. 40 � '1R2e J1 Sa R 4 x I pRi J 1 j J S 7 11- — zAZA SOAAC • I 13 Ac I i I 191 2A II S 1 1 3Ac 1 � 1 J---- 120AC. p li O _ 401� IIE m �O •t— 1A — • j 1 13kAc 20 Ac _ SURv€r A N4 29 V - 3 IID _ S �s0 S 4•� • a -� 6A -- �M1 AA�aT I • npl 4F - 1 � 2 64 5 • , _ -6-LI�E I 12 2wo Ac _ IA3 I _ npsA V 20 Ac. 4C O SC I - 1 4At. 49 _ I 31C 615AC 24e 4A II R �IJ - _6 1 •i " p i21 tt (� 26 2CI 1 1 A1A I pao 6?SAcSURVEY ABT. 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Ns 591 2 I I ,BI Ag$ 3 3 I � ®�f 1C i V Ir 4 .7_ 343Ac. •.432 _i e'er I 2D 22ft 4 TRACT LOCATION MAP I __ � 1 II16 I [ I 10i TF :Ei:._ T` Tf, :EE14 A; 4� 4_ t;,a 1°.E 4�; 1� TR iES1r TI Amber Pipeline E ►= Young, Charles1.1` Explorer Pipeline i 12A• TR 1814 y;e I-2 i AC �- Young, Charles �5 V TR 16 .TA a ? iHall, James E.'q i TR 1617 �e W Gollihugh, 0. 61 35 O TR 1818 1 TR e F Long, Margaret Fina Oil & Chem. -- _ TR 1813 -1 io Chase, Richard o TR 3,t 1IA 12.02 - AC TR 1836 .te I-2 .� Conant, Thomas 913 TR IBs I TR AC is x Gutierrez, E. se R iBi 39A TR i88k TA AC' .n 16.654 I m Mutson,. Mi111am� 99B AC TR 188C ?; v Rhoades, Barbara. 4c TR lees ;a 39C o Brown Edward se i TA AC cd TR 18781 , 1 37C Coker, Joe ; BAt AC - TR 187B : TA IBiC x `Thompson, P.�6:, I Fi na Oil & Chem. 87A 1.996 I TR a AC - TR 1B7 I Ta 2.41 AC Qualls, James D. I-2 TR 4C .45 4 � Explorer Pipe i TR 48 I-2 18/ X/ 01 E or Pipelin P� TR IBIS i I-2 GAP 15 AC J. 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I I I■ ■ a a ■ ate■, v;E;'.'-: i< -Eck)•.: a . ■ a a. a .■ a sass , u>;%'i:4.:�`. •:;..•-v+:.:tie:,x• " ,":EE;:`.fir:;%::^ ;<•'..:. •.•pass. i:,;•s;;ai:::: fc- •:;-k.::.i::it<;;'%pops::':�,, `:`-..�.:;;5 � M. r•,•�. ::'yip'-'.:E:;?G:?,L+Y%«.•:.,ke.:;• ,�i. %. .. tizv. �;: , ..'t.-is:.:;E�..,;�.:Y:�:j-fir'.:x'•• f;::>:,. � . -+iz:`.•4.M1•F.rT'...E:.:t;F x>y:'•;;:%?:°c^c fit.. fiyr;;. r S„x.^f;^'-•_ .0`•`�,::,:..:;):{::;.�\4 v*c�i-P'ta.;• .Y,1f•�^:c /. ♦�;y-� .•A :; ..}.spas?:.x:,i /�. _^.L 1 l••i•� {iQ�+:OG:.�ni;- it'+:r ;y}* :�'�'�'{:� �r^r.:•••C-•... -'fan ter:i. .'':5:. ,.,•� LAND USE /THOROUGHFARE_ eD-7 City of Southlake,Texas SITE PLAN REVIEW SUMMARY CASE NO: ZA 91-69 REVIEW NO: ONE DATE OF REVIEW: 11/15/91 PROJECT NAME: Revised Site Plan-Conoco, Inc,-Southlake Terminal S.H. 26 OWNER/APPLICANT: ENG/PLANNER/ARCHITECT: Conoco, Inc. Jean O'Keith 3519 Patrick Street Lake Charles, LA. 70605 Phone: (318) 475-4062 Phone: Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 10/28/91 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744. 1. Provide the name and address of the owner on the plan. 2 . Provide the name, address and phone number of the firm preparing the plan somewhere on the plan. 3. Label the adjacent properties with owner's name, existing zoning, and land use designation. 4 . Width and type of bufferyard should be labeled. 5. Please note the existing zoning, gross acreage, percentage of site coverage, area of open space and open space as a percentage. 6 . Show approximate location of septic fields. 7 . Proposed finish grades and critical spot elevations are not shown. *Due to the fact that all these improvements currently exist and the proposed improvements are not impacting drainage, this requirement may be less important than under a normal scenario. * Platting of this tract will be required prior to any major building improvements . * Proposed improvements within State R.O.W. will require SDHPT approval prior to issuance of a building permit. * The applicant should be aware that any revisions made prior to City Council must be received at the City by November 25, 1991. All revised submittals should be folded 6" x 9" and include an 8 .5" x 11" reduction. * Denotes Informational Comment cc: Conoco, Inc. tLF ........................... ......................................... waCT iC weT as 1/2" = 60• N F ==NM w m imam Mon r ww a wws onw%►AS ra IMM l==w L^wcr w wrra r w gas r w R e • �!M,woum�r i�rsw�tots w�YwwKwr �'m*� R r=Wr% No►r unnw vow ws am wfwa w ea wwMral wan. 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KX art altLTwlowlf Owmsas Worm ®Ref rit aTaliwif 1Q IFM WON IaarY FIRM" • UIN • e aR�ltrf Q Q■aim CaOMM TRa7 Lint ff'l1r MA' LtiM MEN . • // R ® fIR llwi•,'•••// Foram LAW Tit : IL 6 CONDOM U eLLafTf / 9 Oaf a= allf • // W.tRas i"" p •' / raeR '/ / Q sTwao / x ORION es IN To I e rFR I / ++ +M- P ro posed tJeA1 Fos K► BU%Idinq IOr X 3� 03-FUIT►DRM 200 Wff 400 IaTT FLOOD L MTt,•••P" / 8-Fflf PJCTfMUIYIl71 ®-Dtmmm MDT zoomoux - V/ - B-Fill WMF"ff ,•' E x�eG�f d I�rU�eJ c:v� P� e�► 12f Is�gl ..._OCT.ROC lad SITE PLAN em D-9 } � � � a o I � r IL IL xiol ul r p C W cg N l bb� bb�b 3 V, W -�- O .O N WW CP Ir > / 0 C.1 R / as U /� Z �� 0b _ 1 cZz3. > crQ x O 0 -i m � Z �a0 to O � + w o oWc \+ W> > J n. LL cr z Fr ¢ CC u� o W Q 3 � Q © �� O LL J m Z U th W Q�X k (n wmm O F' N 0— Ir A- C City of Southlake,Texas CITY MANAGE _ �al M E M O R A N D U M November 27, 1991 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Weed Ordinance -------------------------------------------------------------------- Attached is the Weed Ordinance. The importance of this Ordinance is for fire prevention, health and safety. Important items for consideration are as follows: Section 2 Provides that grass and weeds are not permitted to grow at a height greater then 12 inches on real property, unless it is for livestock grazing. Section 3 Provides that it is the duty of the person owning, leasing, claiming, occupying or having supervision or control, to remove or cause to be removed any violation of this Ordinance. Section 4 Provides for vegetation not regularly cultivated which exceeds 12 inches in height is a violation of this Ordinance. Section 5 Provides the notification process and remedy of this Ordinance. Section 6 Provides for charges being levied, assessed and collected by the City of Southlake in the abatement of said nuisances and the description of the filing of liens as necessary on the property involved. Section 7 This section requires the City to give notice before filing with the Municipal Court or seek other legal relief and describes that notice. Section 7 also provides that the property owner is charged with the responsibility of taking g E/ Memorandum - Curtis E. Hawk Weed Ordinance November 27, 1991 Page 2 care of his property throughout the growing season with a single notice. Section 9 This section repeals Ordinance No. 361 in its entirety. Section 11 Provides the penalty phase to include each day the violation is pe itted to exist shall constitute a separate offense. BC/mr Attachment pw\memo\weed.ord g�Z HELDING , BARRETT TEL : 817-560-3953 Nu 14 ,y 1 1 Nu .UU4 t .u- y ORDINANC3 NO. Ali ORDINANCE OF THE CITY OF SOUTHLARE, TEXAS# }CARING IT UNLAWFUL FOR ANY PERSON TO YERI TWEEDS TO GRON TO PLANT THAT IS NOT REGULARLYOR TO PEIT KEYGHT GREATER THU TWELVE OR OTHEREBOBJECTIONABLE TOR ACCUMULATION Of RUBBISH UNSIGHTLY MATTER UPON ANY PROVIDING FORROPERTY NO ICE CITY: DECLARING A PUBLIC NUISANCE VIOLATIONS; PROVIDING FOR REMOVALPLANT D RUBBISH ABATEMENT CITY OF *$EDP♦ GRASP, BR ♦ pLACEMNT Op OBJECTIONABLE OR UNSIGHTLY MATTER AND THE _ OLVE A PRIVILEGED LIEN Olt THE PROPERTY; (PROVIDING SPTHATI THIS REPEALING ORDINANCE NO• OF ALL ORDINANCES; ORDINANCE SEALL BE CUMULATIVE SE; PENALTY PROVIDING A SEVERABILITY CLAUSE; PROVIDING SAVING A CLAUSE; FOR VIOLATIONS HEREOF; p THE OFFICIAL NEWSPAPER; AND PROVIDING FOR PUBLICATION PROVIDING AN EFFECTIVE DATE. WHBREAS, 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 WSPREAS, the City Council of the City of Southlake, Texas has determined that the existence Of grass, weeds, brush or plants growing in rank profusion and rubbish or other objectionable or unsightly matter on property within the City of Southlake has an adverse effect on the public health, safety, and welfare of the citizens of Southlake and constitutes a public nuisance; and to adopt this WHEREAS, the City Council deems it necessary p such public nuisance. ordinance regulating and abating NOVO THEREFORE# BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OP SOUTELAM TEXAS: L 8 E •lek•\reedlisn.ord(111G91) � j FIELDING . BARRETT TEL : 81r-5bu-39b6 Nu 144 , JI +u •��� t SECTION l NITIONS For purposes of this ordinance, the word "PERSON" shall include a firm, association, organization, partnership, trust, company, or corporation, as well as an individual. For purposes of this ordinance, the word "RUBBISH" shall mean both garbage and trash and shall include all animal and vegetable matter subject to discard which is generated from within a household, residence, or business, such as but not limited to coffee grounds, tin cans, paper bags, boxes, glass, and food articles generated from within a household, residence, or business, stable, and and additionally, shall include all animal, vegetable, inorganic matter subject to discard which is not typically generated from within a household, residence, or business, such as shrub and grass clippings, yard cleaning materials, leaves, tree trimmings, stoves, refrigerators, Pieces of metal scrap, feathers, furniture, dead animals, rocks, shingles, building materials, and other similar waste. SECTION 2 It shall be unlawful for any person owning, leasing, claiming, ro occupying, or having supervision or control of any real property, y, occupied or unoccupied, improved or unimproved, within the corporate limits of the City, to permit or allow grass or weeds to grow to a height greater than twelve (12) inches upon any such real property's or along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then to the edge of the street, or allow or permit any rubbish or 2 stoke\weedlien.ard(111491) �_ jL ,F`IELDING , BARRETT TEL : 817-560-3953 Nov 14 ,91 15 :53 No .004 P .04 objectionable or unsightly matter to accumulate or be present upon such property. Provided, however, for real property upon which livestock graze, it shall be required only that grass and weeds shall be mowed to a height of no greater than 12" within 50 feet adjacent to and along any dedicated public street, or within 50 feet of any lot that is occupied by a residence or business. SECTION 3 It shall be the duty of any person owning, leasing, claiming, occupyingp or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the City to cut, or cause to be cut, and remove, or cause to be removed, all such grass, weeds, rubbish and other objectionable or unsightly matter from such property or along the sidewalk -or street adjacent to the same between the property line and the curb, or if there is no curb, then to the edge of the street as may be necessary to comply with this ordinance. SECTION 4 All vegetation not regularly cultivated and which exceeds twelve (12) inches in height, and all rubbish, shall be presumed to be objectionable and unsightly, and is hereby declared a public nuisance. No plant, whether regularly cultivated or not, shall be allowed to grow within the right-of-way of any public street, alley, easement, or other public right-of-way but shall be kept mowed or cut back, as provided above. s1ake\yk*dt1en.ord(M 491) • v SECTION 5 In the event that any person owning any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the City tails or refuses to comply with the provisions of this Ordinance, it shall be the duty of the City to give ten_ (10) days notice of the violation to the owner prior to abating the violation. The notice must be givens (1) personally to the owner in writing; or (2) by letter addressed to the owner at the owner's post office address shown on the last approved tax rolls of the City; or (3) if personal service may not be had as aforesaid, then by publication at least twice within ten (10) consecutive days, or by posting the notice on or near the front door of each building on the property to which the violation relates, or by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings. If such person fails or refuses to comply with the provisions of this Ordinance within ten (10) days after the date of notification as provided above, the City may go upon such property or authorize another to go upon such property, and do or cause to be done the work necessary to obtain compliance with this Ordinance, and may charge the expenses incurred in doing or in having same done, to the owner of such property as provided hereafter in compliance with section 342.001, per. MAq. , Texas Health & safety Code. The remedy provided in this section is in addition to the remedy provided for in section 11 of this ordinance. L •lske\wecd1fen.ord(111491) .4- Eb FIELDING . BARRETT TEL : 817-560-3953 Nov 14 ,y1 NU -UU'4 r -UU SECTION 6 The charges provided for in this ordinance shall be levied, assessed, and collected by the City of Southlake, Texas. A statement of the cost incurred by the City to abate such nuisance shall be mailed to the owner of said premises, which statement shall be paid within thirty (30) days of the date of the mailing thereof. In the event the owner of said premises upon which work a was done and charges were incurred fails or refuses to pay such charges and expenses within thirty (30) days after written notification to pay, the City Council may assess the charges and expenses incurred against the real estate on which the work was done whereupon the Mayor shall file with the County Clerk of the county where the premises are located a statement by the Mayor ut the ex setting openses that the City has incurred pursuant to the Y and the City shall thereby perfect provisions of this Ordinance, property involved, second only to tax a privileged lien on the liens and liens for street improvements, to secure the expense red together with ten percent (10%) interest from the date incur t � the City. the work was performed or payment therefor was made by For any such expenditures and interest, as aforesaid, suit may be in stituted and foreclosure had in the name of the City of Southlake, and the statement so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for any such work or improvements. The remedy provided by this section i s in addition to the remedy provided by Section 11 of this ordinance. •lek*\we0d1ign•ord(111491) SECTION 7 Notw ithstanding the provisions of section 5 of this ordinance, the City shall, prior to filing a complaint in the City Municipal Court or seeking injunctive or other legal relief, be required to give notice to any person owning, leasing, claiming, occupying, or having supervision or control of any property, occupied or unoccupied, improved or unimproved, within the corporate limits of the City, of a violation of this Ordinance. Notice shall be given as set forth in section 5 of this ordinance. The notice may state in part that a violation of the Ordinance has occurred, and that, if the violation is not abated within ten (lo) days of the date of the notice, a complaint will be filed in the City Municipal Court or injunctive .or other legal relief will be sought. For any property, one notice of violation during any one growing season shall be sufficient for the City to seek relief pursuant to this rowing period shall u section. For purposes the oses of this ordinance, g be defined as April 1 through October 31 of any given year. SECTION 6 The abatement regulations as herein established have been made for the purpose of promoting the health, safety, morals, and the general welfare of the community. SECTION 9 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 •take\weedllen.ord(111491) U ~G 8 FIELDING , BARRETT TEL : 817-560-3953 Nov 14 ,131 Nu .uu4 r .ub provisions of such ordinances are hereby repealed. ordinance No. 361 is hereby repealed in its entirety. sLCTION 10 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 b the City Council without the incorporation in this ordinance of Y aragraph or any such unconstitutional phrase, clause, sentence, p section. SECTION 11 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 Each day than Two Thousand Dollars ($2,000.00) for each offense- that a violation is permitted to exist shall constitute a separate offense. sECTION is All rights and remedies of the City of southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 361 or any other ordinances affecting the regulation of weeds, q rass bs-ush, plants, rubbish or other objectionable or unsightly matter which have accrued at the time of the effective date of this -7- •leke\w**dliei•ord(111691) FIELDING . BARRETT TEL : 81?-5b0-5953 Nov 14 Ji IJ JJ IJU -QQ" •V ordinance; and, as to such accrued violations and all pending litigation, both civil and crimina l, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 13 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally „► publish this .ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 14 Thi s ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. DAY OF PASa$D AND APPROVED ON FIRST READING ON THIS � 199i• MAYOR ATTEST: CITY SECRETARY -a- s1sks\w@Wllen.ord0 11491) v �/D -FIELDING , BARRETT TEL : 817-560-3953 Nov 14 ,91 15 :53 No .004 P . 10 pA88ED AND APPROVED ON SECOND READING ON THIS DAY OF 1991. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFPECTXVEi L alati����lien.ord(111�91) 4 i r ORDINANCE NO. 554 ORDINANCE CREATING A RESERVE POLICE FORCE, A VOL EER FIREFIGHTER FORCE, AND AN AUXILIARY SERVICE FORCE F R THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR THE APPOI OF MEMBERS THEREOF; PROVIDING FOR POWERS AND DUTIES OF THE RESERVE POLICE FORCE, THE VOLUNTEER FIREFIGHTER FORCE, AND THE AUXILIARY SERVICE FORCE; PROVIDING FOR SUSPENSION OF THE MEMBERS OF THE RESERVE POLICE FORCE, THE VOLUNTEER FIREFIGHTER FORCE, AND THE AUXILIARY SERVICE FORCE OR REDUCTION IN RANK OR DISMISSAL THEREFROM BY THE DIRECTOR OF PUBLIC SAFETY; REQUIRING AN OATH OF OFFICE BY RESERVE POLICE OFFICERS AND REQUIRING RESERVE OFFICERS TO MEET ALL REQUIREMENTS OF STATE LAW; PROVIDING FOR CERTIFICATION AND TRAINING OF POLICE RESERVES AND VOLUNTEER FIREFIGHTERS; PROVIDING FOR TERMINATION OF RESERVE POLICE, VOLUNTEER FIREFIGHTER, OR AUXILIARY SERVICE MEMBER; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR THE REPEAL OR AMENDMENT OF SPECIFIC ORDINANCES; PROVIDING A EVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHERE the City of Southlake, Texas is ome r e ity acting under a op e y e ectorate pursuan to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Southlake has heretofore established a Department of Public Safety which is staffed by paid police officers and firefighters who are employees of the City, for the purpose of providing police, fire, and other emergency services to the citizens of Southlake; and WHEREAS, the City Council deems it in the best interests of the citizens to utilize reserve, volunteer, or auxiliary officers to assist the City in providing police, fire, and other emergency services; and WHEREAS, the City Council desires to adopt this ordinance setting forth guidelines and requirements for a reserve police force, a volunteer fire force, and an auxiliary services force. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 ARTICLE I - POLICE RESERVES a , An auxiliary police force, to be known as the "Police Reserve, " is hereby established. The Police Reserve shall be a separate. and distinct Division within the Police Services Division of the Southlake Department of Public Safety. SECTION 2 GENERAL POWERS OF THE DIRECTOR OF PUBLIC SAFETY The Director of Public Safety shall be the head of the Police Reserve, and the members of the Reserve shall be under the authority, control, and command of the Director of Public Safety or his designee, subject to all ordinances of the City and of this ordinance. The Director of Public Safety may, by order, establish rules and regulations to govern the Police Reserve Force, to fix specific duties of its members, and to provide for the maintenance of discipline. He may change such orders from time to time, and he may command members of the Police Reserve Force to obey the instructions of a regular police officer in carrying out their orders. SECTION 3 The Police Reserve Force shall be composed of personnel who have volunteered to join the organization and whose applications for membership- have been accepted and who have complied with all rules, regulations, and orders provided for the conduct and control of the members thereof. The Police Reserve Force shall be composed of not more than fifteen (15) members. The Director of Public Safety may, by order, diminish or expand the membership of the Police Reserve Force as may be required, within the limits prescribed herein. SECTION 4 Application for membership in the Police Reserve Force shall be filed with the Police Services of the Southlake Department of Public Safety. Such application shall be on a form utilized for employing full-time police employees. SECTION 5 Each applicant for membership in the Police Reserve Force shall reside within the city limits of Southlake, or shall be an employee of the City, except that the Director of Public Safety, with the approval of the City Manager, may appoint an applicant for membership who is not a resident of Southlake and not an employee of the City, if such appointee has a specific specialized skill or expertise which would benefit the City and who meets all other requirements of appointment. The applicant's background will be checked in the same manner as a full-time police officer candidate. The applicant must be of good character and have the physical Qe ability to perform the duties of the position for which the applicant seeks appointment. An appointment to the Police Reserve 9- fZ Force is made by the Director of Public Safety, subject to the approval of the City Council, before the person appointed may carry a weapon or otherwise act as a peace officer. SECTION 6 Every person appointed to the Police Reserve Force shall be a minimum of twenty-one (21) years of age, be certified as a Police Reserve Officer by the Texas Commission on Law Enforcement Standards and Education, or other State Board or Commission having jurisdiction, before undertaking any law enforcement duties. As a condition of being appointed as a Police Reserve Officer, such volunteer shall comply with all additional certification and training requirements which may be determined to be necessary for the safe and proper performance of the duties of a Police Reserve Officer and as may be required by law. SECTION 7 The Director of Public Safety shall prescribe the uniforms and badges of the members of the Police Reserve Force and direct the manner in which the same shall be worn. SECTION 8 The duties of the Police Reserve Force, subject at all times to the direction, supervision, and control of the Director of Public Safety or his designee, shall be to assist the regular members of the Police Service in the enforcement of law and the maintenance of peace and order during periods of emergency declared by the Director of Public Safety or his designee, or as otherwise directed by rules, policy, ordinance, or law. The Director of Public Safety may prescribe duties other than those mentioned herein to be performed by the Police Reserve Force not inconsistent with the provisions of this ordinance or state law. SECTION 9 No Police Reserve Officer shall be deemed to have a property interest in serving in the Police Reserve Force of the City of Southlake. Membership of any person in the Police Reserve Force may be terminated by the Director of Public Safety at any time with or without cause. Any member may resign from the Police Reserve Force at any time, but it shall be his duty to notify the Director of Public Safety of such resignation. SECTION 10 No person appointed to the Police Reserve Force may carry a weapon or otherwise act as a peace officer contrary to state law. Any qualifications established for the position of Police Reserve Force Officer of the City of Southlake shall meet the minimum physical, mental, education, and moral standards established by the State of Texas Commission on Law Enforcement Officer Standards and 9-F3 Education, or other State Board or Commission having such jurisdiction, but may be stricter than the standards established by such Board or Commission. SECTION 11 ARTICLE II - VOLUNTEER FIREFIGHTER FORCE A volunteer fire service, to be known as the "Volunteer Firefighters, " is hereby established. The Volunteer Firefighters shall be a separate and distinct Division within the Fire Services Division of the Southlake Department of Public Safety. GENERAL POWERS OF THE DIRECTOR OF PUBLIC SAFETY SECTION 12 The Director of Public Safety shall be the head of the Volunteer Firefighters, and the members of the Volunteer Firefighters shall be under the authority, control, and command of the Director of Public Safety or his designee, subject to all ordinances of the City and of this ordinance. The Director of Public Safety may, by order, establish rules and regulations to govern the Volunteer Firefighters Force, to fix specific duties of its members, and to provide for the maintenance of discipline. He may change such orders from time to time, and he may command members of the volunteer f iref ighters Force to obey the instructions of a regular paid firefighter in carrying out their orders. SECTION 13 The Volunteer Firefighters shall be composed of personnel who have volunteered to join the organization and whose applications for membership have been accepted and who have complied with all rules, regulations, and orders provided for the conduct and control of the members thereof. The Volunteer Firefighters shall be composed of not more than twenty (20) members. The Director of Public Safety may, by order, diminish or expand the membership of the Volunteer Firefighters as may be required, within the limits prescribed herein. SECTION 14 Application for membership in the Volunteer Firefighters shall be filed with the Fire Services of the Southlake Department of Public Safety. Such application shall be on a form. utilized for employing full-time firefighter employees. SECTION 15 Each applicant for membership in the Volunteer firefighters Force shall reside within the city limits of Southlake, or shall be 9- F' an employee of the City, except that the Director of Public Safety, with the approval of the City Manager, may appoint an applicant for membership who is not a resident of Southlake and not an employee of the City, if such appointee has a specific specialized skill or expertise which would benefit the City and who meets all other requirements of appointment. The applicant's background will be checked in the same manner as a full-time firefighter candidate. The applicant must be of good character and have the physical ability to perform the duties of the position for which the applicant seeks appointment. An appointment to the Volunteer Firefighters is made by the Director of Public Safety, subject to the approval of the City Council, before the person appointed may conduct the duties as a volunteer firefighter. SECTION 16 Every person appointed to the Volunteer Fire Force shall be a minimum of sixteen years of age, be certified as a Volunteer Firefighter by the Texas Commission on Fire Protection Personnel Standards and Education, the Texas Fire Marshall's Office, or other State Board or Commission having jurisdiction, within (12) months of appointment. Those members who are under eighteen (18) years of age shall have written permission of their parents to participate as a member of the Volunteer Firefighters. As a condition of being appointed as a Volunteer Firefighter, such volunteer shall comply with all additional certification and training requirements which may be determined to be necessary for the safe and proper performance of the duties of a Volunteer Firefighter and as may be required by law. SECTION 17 The Director of Public Safety shall prescribe the uniforms and badges of the members of the Volunteer Firefighters and direct the manner in which the same shall be worn. SECTION 18 The duties of the Volunteer Firefighters Force, subject at all times to the direction, supervision, and control of the Director of Public Safety or his designee, shall be to assist the regular members of the Fire Service in the prevention, control, and extinguishment of fires, and other duties required to be performed by the paid firefighters. The Director of Public Safety may prescribe duties, other than those mentioned herein, to be performed by the Volunteer Firefighters Force not inconsistent with the provisions of this ordinance or state law. SECTION 19 No Volunteer Firefighter shall be deemed to have a property interest in serving in the Volunteer Firefighters Force of the City of Southlake. Membership of any person in the Volunteer Firefighters may be terminated by the Director of Public Safety at 9-Fs any time with or without cause. Any member may resign from the Volunteer Firefighters Force at any time, but it shall be his duty to notify the Director of Public Safety of such resignation. SECTION 20 Any qualifications established for the position of Volunteer Firefighter of the City of Southlake shall meet the minimum physical, mental, education, and moral standards established by the State of Texas Commission on Fire Protection Personnel Standards and Education, or other State Board or Commission having such jurisdiction, but may be stricter than the standards established by such Board or Commission. SECTION 21 Volunteer Firefighters may be members of a separate, incorporated volunteer fire organization. The members of said volunteer fire organization may adopt a constitution and bylaws, and elect such officers as may be provided therein for the purpose of the administration of said volunteer fire organization. However, no constitution, bylaws, or other rules and regulations adopted by the volunteer fire organization shall be inconsistent with the laws of the State of Texas, the ordinances of the City of Southlake, or any rules and regulations adopted by the Southlake Department of Public Safety. No separate volunteer fire organization may expend monies from the City of Southlake or incur liabilities on behalf of the City of Southlake or transact financial enterprise in the name of the City of Southlake . expressed or implied. ARTICLE III - AUXILIARY EMERGENCY SERVICES SECTION 22 An auxiliary emergency services force, to be known as the "Auxiliary Service, " is hereby established. The Auxiliary Service may be a separate and distinct Division within the Department of Public Safety or it may, at the discretion of the Director of Public Safety, be included within any or all of the Divisions of the Southlake Department of Public Safety. SECTION 23 GENERAL POWERS OF THE DIRECTOR OF PUBLIC SAFETY The Director of Public Safety shall be the head of the Auxiliary Service, and the members of the Auxiliary Service shall be under the authority, control, and command of the Director of Public Safety or his designee, subject to all ordinances of the City and of this ordinance. The Director of Public Safety may, by order, establish rules and regulations to govern the Auxiliary Service Force, to fix specific duties of its members, and to provide for the maintenance of discipline. He may change such 9- Ft, r orders from time to time, and he may command members of the Auxiliary Service Force to obey the instructions of regular paid personnel in carrying out their orders. SECTION 24 The Auxiliary Service Force shall be composed of personnel who have volunteered to join the organization and whose applications for membership have been accepted and who have complied with all rules, regulations, and orders provided for the conduct and control of the members thereof. The Auxiliary Service Force shall be composed of not more than thirty (30) members. The Director of Public Safety may, by order, diminish or expand the membership of the Auxiliary Service Force as may be required, within the limits prescribed herein. SECTION 25 Application for membership in the Auxiliary Service Force shall be filed with the Director of Public Safety of the Southlake Department of Public Safety. Such application shall be on a form designated by the Director of Public Safety. SECTION 26 Each applicant for membership in the Auxiliary Service Force shall reside within the city limits of Southlake, or shall be an employee of the City, except that the Director of Public Safety, with the approval of the City Manager, may appoint an applicant for membership who is not a resident of Southlake and not an employee of the City, if such appointee has a specific specialized skill or expertise which would benefit the City and who meets all other requirements of appointment. The applicant's background will be checked in the manner as directed by the Director of Public Safety. The applicant must be of good character and have the physical ability to perform the duties of the position for which the applicant seeks appointment. An appointment to the Auxiliary Service Force is made by the Director of Public Safety, subject to the approval of the City Manager, before the person appointed may conduct any duties as a member of the Auxiliary. SECTION 27 Every person appointed to the Auxiliary Service Force shall be a minimum of sixteen (16) years of age, and receive any certification and training required by law before undertaking the duties as an Auxiliary Service member. As a condition of being appointed as a Auxiliary Service member such volunteer shall comply with all additional certification and training requirements which may be determined to be necessary for the safe and proper performance of the duties of a Auxiliary Service member and as may be required by law. SECTION 28 9-F7 The Director of Public Safety shall prescribe the uniforms, if any, of the members of the Auxiliary Service Force and direct the manner in which the same shall be worn. SECTION 29 The duties of the Auxiliary Service Force, subject at all times to the direction, supervision, and control of the Director of Public Safety or his designee, shall be to assist the regular members of the Department of Public Safety in the carrying out of their duties and responsibilities as may be directed and allowed by law, during periods of emergency declared by the Director of Public Safety or his designee, or as otherwise directed by rules, policy, ordinance, or law. The Director of Public Safety may prescribe duties other than those mentioned herein to be performed by the Auxiliary Service Force not inconsistent with the provisions of this ordinance or state law. SECTION 30 No Auxiliary Service member shall be deemed to have a property interest in serving in the Auxiliary Service Force of the City of Southlake. Membership of any person in the Auxiliary Service Force may be terminated by the Director of Public Safety at any time with or without cause. Any member may resign from the Auxiliary Service Force at any time, but it shall be his duty to notify the Director of Public Safety of such resignation. SECTION 31 Any qualifications established for the position of Auxiliary Service Force member of the City of Southlake shall meet the minimum physical, mental, education, and moral standards established by the rules, policy, or law. ARTICLE IV GENERAL PROVISIONS AND SAVING CLAUSE SECTION 32 This ordinance shall be cumulative of all provisions of ordinance 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. 523 is hereby repealed in its entirety. Ordinance No. 252 is repealed in its entirety. Ordinance No. 140 is amended by repealing section XIII. SECTION 33 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, 8- F g paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement 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 34 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 1991. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1991. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: ,,, EFFECTIVE: City of Southlake,Texas M E M O R A N D U M November 27, 1991 TO: Curtis E. Hawk, City Manager FROM: Greg Last, City Planner SUBJECT: Resolution 91-44 Mobil request for variance to masonry Ordinances No. 311 and 415, Timarron P.U.D. No. 480-01A ------------------------------------------------------------- Attached you will find a letter dated 11/25/91 from Steve Yetts, project engineer for Mobil, which formally requests a variance to the masonry requirements for all landmark structures, community, and recreational buildings within their P.U.D. No. 480-01A. Ordinance No. 415 amends Ordinance No. 311 in portions relevant to this request. The requirement in Section l.a requires the following for nonresidential structures in P.U.D. zoning. " (a) All buildings and structures located in the zoning districts 0-1, 0-2, R-1, R-2 and CS shall have at least eighty (80) percent of the total exterior walls, excluding doors, constructed of Masonry Materials or glass. " The following is the current definition of Masonry Materials Section 2 . Definition of "Masonry Materials . " "The term Masonry Materials shall mean and include brick, stucco, cement, concrete tilt wall, stone rock, or other masonry or materials of equal characteristics. " Per Mr. Yetts letter, the variance Mobil proposes would read as follows: All landmark structures and community and recreational buildings within the Timarron development (P.U.D. No. 480-01A) will consist of no less than 45% masonry materials or glass of the total exterior walls. Attached is Section 3 of Ordinance 311 describing the procedures for granting the variance. Please note that approval of a variance requires an affirmative vote of three-fourths of the City Council members present. As required, fifty-nine (59) property owners within 200 feet of the Timarron P.U.D. were notified. Two (2) written responses were received: 1) John M. Stevenson, 916 Emerald Blvd. , was opposed to a "blanket variance" and felt that "each structure should be considered on its own merits for a variance" . He stated that if the ordinances were "unduly burdensome" , qA_ I City of Southlake,Texas perhaps the ordinance should be revised. 2) J.P. Weiss, 1215 Brumlow, was opposed because of potential lowered property values in the area. After some discussion at the Council meeting on October 1, 1991, Mobil requested the item be tabled until November 5, 1991. Mobil has since requested tabling the item prior to both Council meetings on November 5 and November 19, 1991. Please place this item on the City Council agenda for their consideration. GL/gh encl. Mobil letter dated 11/25/91 Section 3, Ordinance 311 on variance procedures Resolution 91-44 Packet of Information from Mobil qA-Z 4 Section 3. Variance. The City Council, upon application duly filed, may allow a variance from the terms of this Ordinance and the requirements set forth herein upon an affirmative vote of three- forths (3/4) of the City Council members present and voting to grant such variance. The application for a variance shall set forth in specific language the grounds or reasons upon which such variance request is being made. The variance, if granted, shall be in writing, signed by the Mayor, and shall set forth the grounds or reasons upon which the variance was approved. In the event that a variance application is rejected by the City Council, no other variance shall be considered or acted upon by the City Council upon the same structure or proposed structure for a period of less than six (6 ) months subsequent to the said denial. Mobil Land Development (Southwest) Corporation =E.CARPENTER FREEWAY SUITE 14M IRVMG,TEXAS 75M November 25, 1991 TELEPHONE(214)791.33:13 FAX(214)541-WW Mr. Curtis Hawk City Manager City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 RE: Variance to Masonry Ordinance for P.U.D. NO. 480-01A Dear Mr. Hawk: Timarron Land Corporation respectfully requests a variance to Ordinance No. 311, which requires at least eighty (80) percent of the local exterior wall, excluding doors, to be constructed of Masonry Materials or glass. As you know, Timarron is a planned residential community which has project buildings such as landmark structures, community, and recreation buildings all of which are designed to reflect a project theme. The buildings are professionally designed to provide thematic continuity for Timarron and to provide an identity which separates this master-planned community from others in Southlake. Section 3 of Ordinance No. 311 allows a mechanism for obtaining a variance which is appropriate for the Timarron project. The variance we propose reads as follows: F� N0V 2 6 1991 ? IA-y ' - 2 - November 25, 1991 All landmark structures and community and recreational buildings within the Timarron development (P.U.D. No. 480-01A) will consist of no less than 45% masonry materials or glass of the total exterior walls. The enclosed packets which contain a community map, a neighborhood center layout, and an artist rendition of the Timarron Information Center are offered as support material for this request. We sincerely hope the City of Southlake will support our efforts to maintain an architectural theme that will assist in the success of this Development. Res ully, Steve Yetts P. E. Project Engineer cc: S. E. Evans R. K. Thomas FA-5 RESOLUTION NO. 91-44 A RESOLUTION OF THE CITY OF SOUTHLAREI TEXAS GRANTING A VARIANCE UNDER ORDINANCE NO. 311, AS AMENDED, TO THE MASONRY REQUIREMENTS FOR NONRESIDENTIAL BUILDINGS AND STRUCTURES WITHIN THE TIMARRON SUBDIVISION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas has heretofore adopted Ordinance No. 311, as amended by Ordinance No. 415, setting forth certain minimum masonry requirements for nonresidential buildings and structures which are located within the city limits of Southlake; and WHEREAS, a variance to the masonry requirements set forth in those Ordinances has been requested by a person or corporation having a proprietary interest in property within the Timarron subdivision, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, in accordance with the requirements of Section 3 of Ordinance No. 311, as amended, the City Council has given the requisite notices by publication and otherwise, and has afforded a full and fair hearing to all property owners generally and to 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 variance 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 SOUTHLARE, TEXAS: SECTION I That a variance is hereby granted to the Masonry Ordinance No. 311, as amended, on the property described in Exhibit "A" attached hereto, subject to the provisions contained in the aforementioned ordinances and the restrictions set forth herein. The specific .grounds or reasons upon which this variance is granted are: 1. 2 . 3 . 4 . 9A -� SECTION II The following specific requirements and special conditions shall be applicable to the granting of this variance: 1. 2. 3. 4. SECTION III That this variance shall become effective on the date of approval by the City Council. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1991. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date• ADOPTED• EFFECTIVE: 7A- EXHIBIT A METES AND BOUNDS DESCRIPTION FOR 902.8 ACRE ZONING TRACT BEING a 902 .8 acre tract situated in the Hiriam Grandberry Survey, Abstract No. 581, Hall Medlin Survey, Abstract No. 1038, Hall Medlin Survey, Abstract No. 1037, M.W. Davenport Survey, Abstract No. 432, J.N. Gibson Survey, Abstract No. 591, O.W. Knight Survey, Abstract No. 899, and the B. Hollingsworth Survey, Abstract No. 797, situated in the City of Southlake, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at the point in the east line of White Chapel Road, said point being the northwest corner of a tract recorded in Volume 7949, Page 1528 of the Deed Records of Tarrant County, Texas; THENCE North 00023152/1 East a distance of 178.88 feet to a point; THENCE North 19050157/1 East a distance of 123 .06 feet to a point; THENCE North 19017 ' ll" East a distance of 74.00 feet to a point; THENCE North 25026108/1 East a distance of 99.90 feet to a point; THENCE North 3204011111 East a distance of 100.00 feet to a point; THENCE North 34044 /42/1 East a distance of 143 .97 feet to a point; THENCE South 89028135/1 East a distance of 538.81 feet to a point; THENCE South 02043142/1 East a distance of 49.90 feet to a point; THENCE South 89052136/1 East a distance of 578. 64 feet to a point; THENCE North 00020124/1 East a distance of 1367.84 feet to a point; THENCE South 89051159/1 East a distance of 400. 04 feet to a point; THENCE North 00016137/1 East a distance of 670. 52 feet to a point; THENCE South 89028 /49/1 East a distance of 914 . 30 feet to a point; THENCE South 00018123/1 West a distance of 699.80 feet to a point; THENCE North 89028149/1 West a distance of 438.04 feet to a point; THENCE South 00018123/1 West a distance of 297.34 feet to a point; THENCE South 67005132/1 East a distance of 128.55 feet to a point; THENCE South 69037127/1 East a distance of 107. 20 feet to a point; THENCE North 82037116/1 East a distance of 220.65 feet to a point; %a-g THENCE South 00018 /23/1 West a distance of 960.70 feet to a point; THENCE South 89034144/0 East a distance of 725.13 feet to a point; THENCE North 06047 /28/1 West a distance of 2022.48 feet to a point; THENCE North 39051102/1 West a distance of 32.22 feet to a point; THENCE North 01022150/1 West a distance of 504.34 feet to a point; THENCE North 32034157/1 West a distance of 183.48 feet to a point; THENCE North 23008104/1 West a distance of 187. 10 feet to a point; THENCE South 89018115/1 East a distance of 593.56 feet to a point; THENCE North 04058127/1 West a distance of 486. 18 feet to a point; THENCE South 89057145/1 West a distance of 59.81 feet to a point; THENCE North 89034121/1 West a distance of 733 . 34 feet to a point; THENCE North 34030109/1 West a distance of 185. 65 feet to a point; THENCE North 35045144/1 West a distance of 171.20 feet to a point; THENCE North 00002132/1 West a distance of 20.00 feet to a point; THENCE North 89034154/1 West a distance of 60. 01 feet to a point; THENCE North 00003157/1 West a distance of 280. 18 feet to a point; THENCE South 89035126/1 East a distance of 226.53 feet to a point; THENCE North 00028151/1 East a distance of 299.76 feet to a point; THENCE South 86023143/1 East a distance of 440. 33 feet to a point; THENCE South 89056108/1 East a distance of 925. 15 feet to a point; THENCE North 00049122/1 East a distance of 1075.48 feet to a point; THENCE North 89017145/1 East a distance of 602 .83 feet to a point; THENCE South 00047 /39/1 West a distance of 1084.07 feet to a point; THENCE North 89053 /12/1 East a distance of 496.80 feet to a point; THENCE South 00034106/1 East a distance of 296.87 feet to a point; THENCE South 00029134/1 East a distance of 1085.76 feet to a point; THENCE South 00051154/1 East a distance of 828.81 feet to a point; �P�-9 THENCE South 00046128/1 East a distance of 386.69 feet to a point; THENCE South 89021129/1 East a distance of 260.83 feet to a point; THENCE North 89027151/1 East a distance of 155.03 feet to a point; THENCE South 00032147/1 West a distance of 290.48 feet to a point; THENCE South 89023 /12/1 East a distance of 178.31 feet to a point; THENCE South 89050114/1 East a distance of 1326.22 feet to a point; THENCE South 00011/31/1 West a distance of 165.00 feet to a point; THENCE North 89053107/1 West a distance of 264.00 feet to a point; THENCE South 00°0315411 West a distance of 164.69 feet to a point; THENCE South 88008124/1 West a distance of 192.99 feet to a point; THENCE South 00041129/1 East a distance of 202.48 feet to a point; THENCE South 89047 /44/1 East a distance of 242. 69 feet to a point; THENCE South 00007159/1 West a distance of 209.53 feet to a point; THENCE South 89049140/1 East a distance of 209.47 feet to a point; THENCE South 00035/ 01/1 West a distance of 166.85 feet to a. point; THENCE South 00000143/1 East a distance of 417.96 feet to a point; THENCE North 89044108/1 West a distance of 660.23 feet to a point; THENCE North 00002105/1 East a distance of 25.00 feet to a point; THENCE North 89043158/1 West a distance of 659.85 feet to a point; THENCE South 89049145/1 West a distance of 343. 68 feet to a point; THENCE South 00003132/1 East a distance of 45.98 feet to a point; THENCE South 89047 /00/1 East a distance of 723 .24 feet to a point; THENCE South 00000155/1 West a distance of 757.44 feet to a point; THENCE North 89048124/1 East a distance of 460. 59 feet to a point; THENCE North 00003142/1 West a distance of 211.00 feet to a point; THENCE North 89056157/1 East a distance of 155.28 feet to a point; THENCE North 00003125/1 East a distance of 358.37 feet to a point; THENCE South 89037129/1 East a distance of 250. 62 feet to a point; THENCE North 06044 /49/1 East a distance of 166.78 feet to a point; THENCE South 89039114/1 East a distance of 185. 13 feet to a point; THENCE North 00015126/1 West a distance of 46.36 feet to a point; THENCE South 88053154/1 East a distance of 80. 07 feet to a point; THENCE South 00014148/1 East a distance of 19.37 feet to a point; THENCE South 89006/51/1 East a distance of 184.70 feet to a point; THENCE South 00024114/1 East a distance of 352 .99 feet to a point; THENCE North 89008131/1 East a distance of 117.18 feet to a point; THENCE North 00024144/1 West a distance of 374. 17 feet to a point; THENCE South 89041147/1 East a distance of 1319. 06 feet to a point; THENCE South 00018117/1 West a distance of 572 .30 feet to a point; THENCE North 89041/43/1 West a distance of 25. 11 feet to a point; THENCE South 01005 / 12/1 West a distance of 683 . 55 feet to a point; THENCE South 21031' ll" East a distance of 64.88 feet to a point; THENCE South 22044151/1 East a distance of 114. 67 feet to a point; THENCE South 89054157/1 West a distance of 921.28 feet to a point; THENCE South 00002103/1 East a distance of 614.24 feet to a point; THENCE North 89055135/1 East a distance of 218.56 feet to a point; THENCE South 03004104/1 East a distance of 339 .91 feet to a point; THENCE South 10058115/1 East a distance of 280.58 feet to a point; THENCE North 89052158/1 West a distance of 1088. 36 feet to a point; THENCE North 02020158/1 West a distance of 19.22 feet to a point; THENCE South 89018145/1 West a distance of 894 .87 feet to a point; THENCE South 13018130/1 East a distance of 108.20 feet to a point; IA -It THENCE South 09037130/1 East a distance of 114.30 feet to a point; THENCE South 02058130/1 West a distance of 132 .00 feet to a point; THENCE South 23020130/1 East a distance of 158.20 feet to a point; THENCE South 76025130/1 West a distance of 121.00 feet to a point; THENCE South 29037130/1 West a distance of 60.00 feet to a point; THENCE South 51012130/1 East a distance of 55.00 feet to a point; THENCE North 76052130/1 East a distance of 65. 00 feet to a point; THENCE South 12020130/1 East a distance of 50.20 feet to a point; THENCE South 59005130/1 West a distance of 70.50 feet to a point; THENCE South 01028130/1 East a distance of 34.90 feet to a point; THENCE North 69000130/1 East a distance of 95. 00 feet to a point; THENCE South 06003130/1 West a distance of 145.00 feet to a point; THENCE North 77028130/1 West a distance of 200.00 feet to a point; THENCE South 60006150/1 West a distance of 230.00 feet to a point; THENCE North 86036115/1 West a distance of 286. 18 feet to a point; THENCE South 63026106/1 West a distance of 134 . 16 feet to a point; THENCE North 85021/52/1 West a distance of 371.21 feet to a point; THENCE North 37008148/1 West a distance of 414 . 00 feet to a point; THENCE North 74044142/1 West a distance of 114 . 02 feet to a point; THENCE North 52048155/1 West a distance of 182. 00 feet to a point; THENCE North 61020143/1 West a distance of 230.83 feet to a point; THENCE North 57049126/1 West a distance of 98.24 feet to a point; THENCE North 40001133/1 West a distance of 111. 34 feet to a point; THENCE North 54015150/1 West a distance of 83 . 00 feet to a point; THENCE South 49000/00/1 West a distance of 87.00 feet to a point; THENCE South 29030100/1 West a distance of 91.00 feet to a point; 7A -/z THENCE South 56015100/1 West a distance of 50.00 feet to a point; THENCE South 82000100/1 West a distance of 50.00 feet to a point; THENCE North 66000100/1 West a distance of 120.00 feet to a point; THENCE North 30000100/1 West a distance of 37.00 feet to a point; THENCE North 54058100/1 West a distance of 186.00 feet to a point; THENCE North 89011100/1 West a distance of 117.00 feet to a point; THENCE South 54017133/1 West a distance of 280.54 feet to a point; THENCE South 46044146/1 West a distance of 456.34 feet to a point; THENCE South 81054133/1 West a distance of 64.30 feet to a point; THENCE North 76055120/1 West a distance of 259. 30 feet to a point; THENCE South 67057133/1 West a distance of 120.50 feet to a point; THENCE South 50028103/1 West a distance of 235.20 feet to a point; THENCE South 61026/33/1 West a distance of 95.20 feet to a point; THENCE North 63042127/1 West a distance of 94.20 feet to a point; THENCE North 11058127/1 West a distance of 228. 10 feet to a point; THENCE North 69047127/1 West a distance of 133 .20 feet to a point; THENCE South 64029 /13/1 West a distance of 127. 00 feet to a point; THENCE South 52037148/1 West a distance of 123 .70 feet to a point; THENCE North 28027157/1 West a distance of 103 . 60 feet to a point; THENCE North 56006/53/1 West a distance of 101.62 feet to a point; THENCE North 73015151/1 West a distance of 70.77 feet to a point; THENCE South 79027144/1 West a distance of 375.86 feet to a point; THENCE North 74040134/1 West a distance of 168 .29 feet to a point; THENCE South 48047154/1 West a distance of 180.07 feet to a point; THENCE South 71056/04/1 West a distance of 136.81 feet to a point; THENCE South 39027112/1 West a distance of 143 . 62 feet to a point; 9a -i3 THENCE North 87017134/9 West a distance of 120.53 feet to a point; THENCE North 60029 /53/1 West a distance of 97.22 feet to a point; THENCE North 58029153/1 West a distance of 291.67 feet to a point; THENCE North 29014153/1 West a distance of 188.89 feet to a point; THENCE North 10014 /53/1 West a distance of 61. 11 feet to a point; THENCE North 53044153/1 West a distance of 147.22 feet to a point; THENCE North 34014153/1 West a distance of 94.44 feet to a point; THENCE North 10044 /53/1 West a distance of 97.22 feet to a point; THENCE North 18015107/1 East a distance of 83.33 feet to a point; THENCE North 41014 /53/1 West a distance of 175.00 feet to a point; THENCE North 58044112/1 West a distance of 332 .58 feet to a point; THENCE North 11055158/1 East a distance of 710.05 feet to a point; THENCE South 89044135/1 East a distance of 954 .30 feet to a point; THENCE North 00041149/1 East a distance of 496. 19 feet to a point; THENCE North 89049122/1 West a distance of 858.28 feet to a point; THENCE North 0704312611 East a distance of 533 .71 to the POINT OF BEGINNING and containing 902.8 acres (39, 324,717 square feet) of land, more or less. �A •14 City of Southlake,Texas MEMORANDUM CITY MANAGER November 27, 1991 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: S-2 Sewer Line Installation Agreement ------------------------------------------------------------- For several months, John Drews of Southlake Joint Venture (developer of Albertson's and Chevron at the southeast intersection at F.M. 1938 and F.M. 1709) , Mary Stone Myers, et al, and City staff have been discussing the feasibility of installing a portion of the S-2 sewer line from the Big Bear Interceptor to F.M. 1709 (see Exhibit "A", Section I) . Cheatham and Associates has prepared a cost estimate of the sewer line that include all costs except easement acquisition. The total estimated cost is $390,000, which divided equally three ways, would be $130,000. The only unknown is the cost of easement acquisition. Hopefully each property owner will give the easement in return for a free sewer tap. The two parties involved have stated that their respective maximum costs that they could afford including easement acquisition, is $135,000 for Southlake Joint Venture and $150,000 for Mary Stone Myers, et al . Since the two parties have expressed an interest and have stated that they are willing to share equally up to a maximum cost with the City in the installation of the sewer line, the Staff is submitting this proposal to the Council for discussion at the December 3 Council meeting and possible consideration at the December 17 meeting. All three parties have agreed in general that an agreement would need to be drawn stating the basic parameters that would be followed. The parameters proposed are: 1. The City of Southlake, Mary Stone Myers, et al, and Southlake Joint Venture will share equally in the cost associated with the construction of the S-2 sewer line as shown on attached Exhibit "A. " The total maximum cost that Mary Stone Myers, et al, will pay is $150,000 and Southlake Joint Venture $135,000. Prior to award of the contract, all parties shall submit their equal share of the bid amount and associated costs to the City based on the actual bid cost and associated costs . W Z��O Curtis E. Hawk S-2 Sewer Line Installation Agreement November 27, 199 Page 2 2. All parties, with the exception of the City, will be eligible for reimbursement fees according to the Sewer Prorata Ordinance. Impact Fees required for Mary Stone Myers and Southlake Joint Venture will be credited to them up to the amount of their total contribution of constructing the S-2 sewer line. 3. The route of the proposed S-2 sewer line will generally be as proposed on Exhibit "A. " It should be noted that exact routing will depend on availability of easements. 4. It is anticipated that the project will receive bids within one year from the date of this agreement. If the project has not been bid by this date then this agreement will become null and void, provided other arrangements have not been made. 5. It is agreed by all parties that the City will finance initially the engineering and survey cost in order to expedite the construction of the sewer line. However, it is agreed by all parties that if any party does not produce their share of the construction cost prior to the bid award and the project is shelved, all parties will at least pay their equal share of the engineering, surveying and easement preparation and acquisition costs (Cheatham's proposed contract is $63,450) within 30 days after receipt of notice from the City. If these conditions or a revised version of these conditions are acceptable to the Council, then an agreement will be submitted to the Council on December 17, 1991 and a contract with Cheatham & Associates to start the surveying and engineering work. It is anticipated that the surveying, engineering, easement preparation and acquisition will take a minimum of six months . The City' s portion of the funds will come out of the Sewer Impact Fund, which has a balance of $ 295,000 . Please place this item on the Council 's next agenda. If you have any questions, please contact me. A 00 MHB/lc ��-AA • 9,r91 to: 170409 CIIEA ASSOC C121L9F 30trrHL 1 ®003 mow le` e • ••t-1 rf • �Wf i ! f � o � .- . •jif -t• f t j . _. v • so 30 f7 T t10••(7 nos ' I fr r as" STO E/?lyEXS u; .r •tUa ,i il.. „ If.'iti N as f a s a E t i o• r ' j —� MIR .pm ,• Oaa W .,fr : as t we aw loss a i4r as r f ' . R.IrAv S • �' aif�fssee� Ll t f, J r r rr I • L ! fe at lea 3wz IV I .. . .t: a a.i• i fa 010R 1 � 4"14U Do OKAS THO an .t I sft J. !LM to • t I e Yf•r ,rY'+rr t q.iY If..S.ti1Sr��M'YY �•a •Q a0• Rr i 1 ` I r a• ■ .1 s� �f••` I �"'+ � �,..�:;-F•-.�'s-F� �C eti �Q ..r r• W r a•e t 1 �� i E ►a•ai � r��i I . r M.•�• r..� 7C� f•�f� I �l10► O'Tr LI.iI/l • � ' y t uL.A. CLAY do AL Pun j$I •. �rpp// I LF t PS®N J. 0 Cs3®0Id S E-rz4_T —L-r�--�--r— • .•.+...rs ,fors+"Sit"440 •��Q�►Ov ,C . •w T.J. 'THOM ON City of Southlake,Texas CITY MANAGER M E M O R A N D U M November 27, 1991 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: Drainage Facilities for Proposed Chevron Station at F.M. 1709 and F.M. 1938 ------------------------------------------------------------- At the southeast corner of F.M. 1938 and F.M. 1709, Southlake Joint Venture (SJV) is proposing to develop the first phase of Southlake Crossing Shopping Center. SJV has an existing drainage easement (designed for an open ditch) that they granted to the State Highway Department several years ago. The easement was granted with the understanding that they could recover the easement if Southlake Joint Venture would build, at their expense, a multiple box culvert meeting the requirements of the City and Highway Department. Southlake Joint Venture is now requesting, at their expense, to install a multiple box culvert in lieu of an open ditch, thus requiring the State to release to Southlake Joint Venture a portion of the existing drainage easement. The cost of the box culvert is estimated at approximately $115,000. The Highway Department is now prepared to dedicate back to Southlake Joint Venture a portion of the existing easement. In order to do so the Highway Department has to include the design of the box culvert in the proposed F.M. 1709 Construction Plans which necessitates the Highway Department requiring a letter from the City requesting same. This means that the City will be obligated for the $115,000, however, the City will recoup its cost from SJV. The cost of the design and installation of the multiple box culvert is the sole responsibility of SJV. SJV has already 1 paid for the design of the multiple box culvert and is prepared to pay for the installation from the proceeds of a i sale to Chevron (scheduled to close in February 1992) for approximately 65,000 sq. ft. at that intersection. In order to close on the Chevron sale, a portion of the existing easement needs to be deeded back to SJV at the time f closing. At that time, $115,000 will be placed in an scrow account to the City for the sole purpose of funding the box culvert construction. Southlake Joint Venture is willing to enter into an agreement with the City stating that they will be responsible for the cost of the box culvert if the Chevron deal closes as scheduled. 11- g � Curtis E. Hawk, City Manager Drainage Facilities: Proposed Chevron Station November 26, 1991 Page 2 In general, the Council has the following options. 1. Do nothing. 2 . Request the Highway Department to include the box culvert in their design of F.M. 1709 and trust that the Chevron deal will go through. If the Chevron Corporation has not escrowed the cost of the box culvert by May 1, 1992, then the City will have to request the Highway Department to remove the box culvert from their plans or the City will assume the cost of the box culvert. 3. Same as 2, except require a contract or agreement with Southlake Joint Venture to be responsible for the cost of the box culvert. This is being brought to the Council as a discussion item to make a decision on the way to proceed. Since this is a complicated item, there may be another alternative that staff has not considered. Please place this on the Council ' s next agenda. If you have any questions, please contact me. 0 MHB/lc City of Southlake,Texas MEMORANDUM CITY MANAGER November 26, 1991 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: Thoroughfare Plan ------------------------------------------------------------- At the November 21 meeting with the Planning and Zoning Commission (P & Z) , Cheatham and Associates, consultants for the Thoroughfare Plan, presented the final draft of the Thoroughfare Plan. At the meeting the P & Z made several recommendations and the consultants are prepared to make their final presentation to the Council. The Council will need to bring their draft of the Thoroughfare Plan to the meeting and the consultants will go through the draft outlining the changes that have been made. It is requested that this item be placed on the Council's next agenda for discussion. It is anticipated that the final report will be ready to distribute at the 1st reading on December 17, 1991. ,, If you have any questions, please contact me. Ao MHB/lc City of Southlake,Texas CITY MANAGER MEMORANDUM I�- �, November 26, 1991 TO: Curtis E. Hawk, City Manager FROM: Greg Last, City Planner SUBJECT: Parks, Recreation & Open Space Master Plan, Summary of Recommendations. --------------------------------------------- Prior to the Joint Work Session the Council members were sent a copy of the Final Draft (October, 1991) of the above referenced Master Plan. We will be working from this document during the Council meeting on December 3, 1991. On Monday, November ll• 1991, th Park Board e Recreation anduOpenmouslY Space recommended the approval of the Parks Master Plan prepared by Schrickel Rollins and Associates out of Arlington. The Park Master Plan is the result of nine months of research, public input and collaborative discussions between the park Board and the Consultants. It has a great deal of information to digest pertaining to research about the City as well as the actual parks and recreation recommendations. This memo is provided to summarize the recommendations in the document. This will include both policy recommendations and facilities recommendations. Attached you will find two charts summarizing the eventual total costs for ultimate improvements and a facilities summary. Southlake will build its system from a deficit position with a single fourteen-acre park and no pars and recreation department. The City's population is growing at a rate more than double that of the DFW metropolitan area. This will create even more pressure on the existing facilities and the City's need to accelerate capital improvements for parks and recreation. It should be noted that there is a difference between a Master Plan and a Capital Improvement Program (C.I .P. ) . This Master Plan is a guide, recommended by the Park Board and the Consultants, based on National Recreation and Parks Association (NRPA) guidelines, which highlights where the City "should be" with regards to parks and recreation facilities if it is the intention of the City to meet these guidelines. Following approval of the Master Plan by City Council, the Park Board would then recommend a strategic timetable for implementation and expenditures necessary to achieve these goals. The City Council, after a recommendation by the Planning and Zoning Commission per City Charter requirements, will then decide what the City "can afford to do" with Parks and Recreation as a part of a City wide Capital Improvements Program. City of Southlake,Texas RECOMMENDATIONS - The Master Plan offers the following recommendations: 1, JOINT-USE WITH SCHOOL DISTRICTS - A main emphasis of this plan is the joint utilization of school properties and recreational facilities. Representatives of CISD have expressed a willingness to work with the City to achieve these objectives. This involves either the City funding r recreation improvements on school property joint development of school sites adjacent to park sites. Z. UTILIZATION OF CORP. PROPERTIES - Wherever possible sites are located adjacent to or within Corp. of Engineers (COE) property near Lake Grapevine. The COE has expressed a willingness to land lease properties to the City with the understanding that the City maintain the property. A great deal of diversity exists within the COE ownership, creating a broad range of opportunities for the City. 3. STAFF RECOMMENDATIONS - Establish a parks and recreation department with a director who is under the direct supervision of the City Manager. This will greatly aid in the implementation of the Master Plan recommendations. 4. PURSUE DIVERSE FUNDING MECHANISMS- A diversity of funding methods is: provided to include: Budgeting from the General Fund; General Obligation Bonds or Revenue Bonds; cost share xas Parks programs with the National Park Service (NPDS), Te Te Department of and Wildlife Department (TPWD) , Transportation, Texas Department of Forestry, and the Small Business Administration (SBA) ; User Fees; Foundations; and Gift Catalogs. 5. ESTABLISH NEIGHBORHOOD PARK SERVICE ZONES - Ten neighborhood service zones are recommended. The size of the zone and the type and number of facilities varies depending facilities on the population within each zone. Typical include playground, picnic tables, trails multi-purpose courts, tennis courts, practice ballfields and soccer fields, parking and some irrigation. The facilities for each zone are provided in the charts in Section VI, Plan Recommendations. 6 . ESTABLISH COMMUNITY PARK SERVICE ZONES - Three areas have been recommended for Community Parks. The thirty acre site north of S.H. 114 is within the limits of the COE flowage easement for Grapevine Lake. Major facilities here will include competitive football/soccer fields and a lighted four-plex baseball/softball complex. The thirty-five acre site adjacent to Bicentennial Park includes major municipal improvements, i.e. Recreation Center, Aquatic Complex, Tennis Center as well as one additional lighted four-plex for ba ial a e site near he reas in the southeast part of the City includes industrial�� City of Southlake.Texas a lighted four-plex, practice ballfields and competitive football/soccer fields along with the necessary parking. 7, ESTABLISH A CITY PARK COEA - A City Park land adjacent to is recommended Grapevines conjunction with t Acreage to be leased would depend on facilities to be developed. Facilities unique rse o nature location reaa d cltrails,1 in equestrian center, g fishing pier, boat ramps, and a swimming beach. On November 21, 1991 the Plannin and e Park Master itwithsthe ion unanimously recommended approval of th following changes: 1. Change the worplateing "No�p3sed" Park Sites to and throughout the"texteasual" Park Sites on appropriate. 2. Add the following wording to Plate No. 3 and where appropriate within the text: "Locations shown for park sites should be considered as floating locations within the designated service zones and as such do not designate any particular piece of property" . 3. Deletion of the "Linkage Park and/or Public access easement for multi-purpose trails" from Bear Creek on Plate No. 3 due to the extent of current development on the creek and the unlikelihood of acquiring contiguous lands :from individual private ownerships. The Park Board Chairman (Janet Murphy) and Vice-Chairman (Randy Robertson) were in general agreement with these recommendations. 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H N 1"1 id m .-4 m 0 pa p {}7 o N Olal��� ( 1 lntOM�ln00 1 M to W a00� � OlaM d' Op > x na 000000d� lDodWOooOmO CDN to 1 to o o cn en to CD ff OJ 44 � tD In co ul 94 o m o- m o- In w H C o o • • • • • • H lD en In o f o M E EE %D l� H Ecn �l O at ra Lnn 0 � � H N 01� N to H `�' e. 1lz . H N C:0 w w wxp o $4 a04 • E $4 b H CDC) N000 � 000000co 0 i0i0 0o o U �0 c7iH H U O 0 O O H Ol0 w r-linEE U U � qEE n � to q 0 Go co 0 00U O , 0 C 411o0 a mA m to to UA ul m � 0 aa I Ln 11 0 OI a i i In M i i m p� 'C m-A oG o4 a o 11' 94 u � a H � waoa � caU � � a � � oaU � aa 1 r' = w ° 0 4 H • � c=a in z x H H�W E H OHx I to to a E .-1Ne1 rn O •-IrINNMMMd' lntDe-mmm0101r10 z xOCxul ` p ; NI 0a0 Imu o � o 04 can U zWcn U x //a-s City of Southlake,Texas CITY OF SOUTHLAKE, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 3, 1991 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall WORK SESSION: 6 : 30 P.M. 1 . Discussion of all items on tonight' s Regular Council Meeting Agenda. REGULAR SESSION: 7 : 00 P.M. 1 . A. Call to order. Invocation. B. Executive Session Pursuant to the Open Meetings Act, Article 6252-17 V.T.C.S. , Section 2(e) 2 ( f) 2(g) 2 ( j ) / Refer to posted list attached hereto and incorporated herein. C. Reconvene: Action necessary on items discussed in Executive Session. 2 . Approval of the Minutes of the November 19, 1991, Regular City Council Meeting. 3 . Mayor' s Report. 4 . City Manager' s Report. CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Council member or citizen so request, in which event the item will be removed from the general order of business, and considered in its normal sequence. 5 . Consider: A. Resolution No. 91-48, Abandonment of access easement in Monticello subdivision. B. Resolution No. 91-47 , Reorganizing Distinct Operating Divisions within the Department of Public Safety, incluidng organizational charts . I City of Southlake,Texas City Council Meeting Agenda December 3, 1991 page two REGULAR AGENDA 6 . A. Public appearance: Stephen and Karen Apple, Friends of the Southiake Library. B. Public Forum. 7 . Consider: Ordinance, second reading and related items . A. Ordinance No. 480-60, 2nd reading. ZA 91-60 . A zoning change request for a 2 .44 acre tract of land out of the John Childress Survey, Abstract No. 254, Tract 1A1, being more commonly known as 1600 Burney Lane. Current zoning is "AG" Agricultural with a request for "SF-lA" , Single Family-lA Residential zoning district. Location: South side of Burney Lane at Midway Drive. Owner/Applicant: Joe E. Kennel . Public Hearing. li B. Ordinance No. 544, 2nd reading. Landscape. Public Hearing. ill4' C. Ordinance No. 506, 2nd reading. Signs . Public Hearing. D. Ordinance No. 555, 2nd reading. Tri-County Electric Cooperative, Inc. , rate change or other action as appropriate pertaining to the request for rate change. Public Hearing. I8 . Consider: Ordinance, 1st reading, and related items . A. Ordinance No. 480-58, 1st reading. (ZA 91-51) . A zoning change request for a 0 .439 acre tract of land out of the C.M. Throop Survey, Abstract No. 1510, Tract 7A4B3 . Current zoning is "AG" Agricultural, with a request for "I-1" Light Industrial zoning district. Location: Northwest of the intersection of Sam School Road and West Dove Road on French Circle. I Owner/Applicant: Jim and Beth Futch. Continuation of the Public Hearing. B. Ordinance No. 480-61, 1st reading. (ZA 91-66) . A zoning change request and concept plan approval for 7 .5 acres out of the John A. Freeman Survey, Abstract NO. 529, more commonly known as portions of Lot 1, Miron Addition L and Lot 2B, Gorbett Addition. Current zoning is "C-2" , Commercial-2, with a request for "B-1" Business Service Park. Location: 1600 Block of East Southiake Blvd. , behind Kids, Inc. and D & L Printing Co. Owner/Applicant: Robert Miron dba Miron Properties, Inc. I 1 City of Southlake,Texas Cie City Council Meeting Agenda December 3, 1991 page three C. Ordinance No. 480-62, 1st reading. (ZA 91-67) , A zoning change request and concept plan approval for 5 .43 acres of land out of the John A. Freeman Survey, Abstract NO. 529, more commonly known as portions of Lot 1, Miron Addition and Lot 2B, Gorbutt Addition. Current zoning is "C-2" Commercial-2 and the request is for "B-2" Commercial Manufacturing District. Location: 1600 Block of East Southlake Blvd. , behind Kids, Inc. and D & L Printing Company. Owner/Applicant: Robert Miron dba Miron Properties, Inc. D. ZA 91-69, Revised Development Site Plan for building permit approval for a 33 . 626 acre tract of land out of the Harrison Decker Survey, Abstract No. 438, Tracts 1B1, 1B1B, and 1B1C. Current zoning is "I-2" Heavy Industrial District. Location: 3100 Highway 26 West. Owner/Applicant: Conoco, Inc. E. Ordinance No. 536, 1st reading. Weeds . F. Ordinance No. 554, 1st reading. Creating Police Reserve and Auxiliary Fire Service. i.0.0 9 . Consider: Resolutions . A. Resolution No. 91-44, request for variance to Masonry Ordinance for Timarron Addition. Continuation of the Public Hearing. 10 . Other Items for Consideration. (No items for this agenda) 11 . Other items for discussion: A. S-2 Sewer Line Agreement. B. Chevron Agreement. C. Ordinance No. 550, Thoroughfare Plan. D. Ordinance No. 551, Park Master Plan. 12 . Meeting Adjourned. I I hereby certify that the above agenda was posted on the official bulletin boards at city hall, 667 North Carroll Avenue, Southlake, Texas, on Wednesday, November 27, 19916 at 5 : 00 p.m. , pursuant to riore th Op'en Meeti g Act, Article 625tIni7r/N:S. 4- lf `` �, S andra L. LeGrand, City Secretafa: 1 r,. :,:,`c ce i . A\ •y + r to, ' •• i .lilt, ,t,('*a*o*...``` AIMI. City of Southlake,Texas I: EXECUTIVE SESSION PENDING LITIGATION- Section 2(e) The City Council may consider pending and contemplated litigation I: subjects . The following subjects may be discussed: 1 . Essig Claim, February 1991 . I: 2 . Margaret Freemen Claim, January 1990 . 3. West Beach Addition. I 4 . Murawski Claim. 5 . Garrett Lawsuit, 1984 . 6 . Ken Smith Claim, July 1991 . ILitigation is, by nature, an on-going process, and questions may arise as to trial tactics which need to be explained to the City Council . Upon occasion, the City Council may need information from I the City Attorney as to the status of the pending or contemplated litigation subjects set out above. After discussion of the pending and contemplated litigation subjects, in executive session, any final action, or vote taken, will be in public. ILAND ACQUISITION- Section 2 (f) I The City Council may consider the purchase, exchange, lease, or sale of real property. After discussion of land acquisitions in executive session, any i'l final action, or vote taken, will be in public. PERSONNEL- Section 2(g) IThe City Council may consider the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers or employees, including the City Manager, City [ Secretary, City Attorney, and City Board and Commission Members . A complete list of the City Boards and Commissions are on file in the City Secretary' s Office.DEPLOYMENT OF SECURITY PERSONNEL- Section 2 ( j ) Regarding the deployment or specific occasions for implementation, of security personnel or devices . After discussion of any or all of the above, in executive session, any final action or vote taken will be in public by the City Council . If personnel issues or litigation issues arise as to the posted subject matter of this City Council Meeting, an executive session will be held. 1, SLL 11/15/91 C L CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING December 3, 1991 7 : 00 p.m. MINUTES COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tem Rick Wilhelm; Deputy Mayor Pro Tem Sally Hall . Members : Jerry Farrier, Barry Emerson, and, Mike O'Brien. COUNCILMEMBER ABSENT: W. Ralph Evans . CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes, Director of Public Works; LouAnn Heath, Director of Finance; Karen Gandy, Zoning Administrator; Greg Last, City Planner; Chris Terry, Assistant to the City Manager; Wayne Olson, City Attorney; Eddie Cheatham, City Engineer; Roger Stewart, Fire Marshal; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember Jerry Farrier. The Work Session was called to order at 6 : 30 p.m. to discuss the agenda item for tonight' s meeting. Mayor Gary Fickes called the meeting to order at 7 : 10 p.m. 1.- Agenda Item #1-B, Executive Session Mayor Fickes hereby advised the audience that Council would be going into executive session pursuant to Sections 2 (e) 2( f) 2 (g) 2 ( j ) of the Open Meetings Act, to seek the advice of our City Attorney with respect to pending and contemplated litigations, to discuss the purchase, exchange, lease or sale of real property, and to consider the appointment and evaluation of public officials and regarding the deployment of specific occasions for implementation, of security personnel or devices . Council went into executive session at 7 : 05 p.m. Council returned to Open Session at 7 : 35 p.m. Agenda Item #1-C, Action necessary/Executive Session No action was taken during the executive session in regard to pending or contemplated litigation, purchase, exchange, lease or sale of real property, or appointment and evaluation of public officials, or deployment or specific occasions for implementation of security personnel or devices . L City Council Meeting Minutes December 3, 1991 page two Agenda Item #2, Approval of Minutes Motion was made to approve the Minutes of the November 19, 1991 City Council minutes as modified in work session. Motion: Wilhelm Second: Emerson Ayes : Wilhelm, Emerson, Farrier, Hall, Fickes Nays : None Abstention: O' Brien Approved: 5-0-1 vote Agenda Item #3, Mayor' s Report Mayor Pro Tem Wilhelm reported on the Southlake Economic Development Council, noting at the November meeting a member of the Dallas Economics Development Council present. One of the things the DEDC is trying to do is establish some ties with some of the different counties . Southlake would like to broaden their base and see if they can get on some of the Dallas area lists . SEDC has also taken the initial steps in getting the property profile on the computer. Several months ago, they discussed a GTE Video of the Northeast Tarrant County area, which has been completed. It will be distributed nation wide, and will serve as a means to give general information of our area to a lot of people. Deputy Mayor Pro Tem Sally Hall reported on the Teen Court, "mock trial" which was held on Monday, December 2, noting the first real Teen Court Trial will be held on December 9, 1991 . A possible scholarship fund for those who are working on the Teen Court has been discussed, with the possibility the scholarship will be a joint city, school, community effort. Mrs . Hall explained the "Fire Truck" coloringcontest. P Agenda Item #4, City Manager' s Report The City Manager, Curtis Hawk reported on the stolen mirror which was located on the corner of Randol Mill Road at Kingswood. He stated the City does not plan to replace the mirror, however, they are discussing a flashing light in that location, for a cost of $2 ,000 . He expressed the need at that particular dangerous intersection. Mr. Hawk stated the Capital Improvements Road Task Force will be bringing the final report to Council on December 17, 1991 . I L lw City Council Meeting Minutes December 3, 1991 page three Agenda Item #5, Consent Agenda Agenda Item #5-A was taken off the consent agenda at the request of Mayor Pro Tem Rick Wilhelm, for procedural reasons . The consent agenda, #5-B, was approved as presented: 5-B Resolution No. 91-47, Recognizing Distinct Operating 9 9 Divisions within the Department of Public Safety, including Organizational Charts . Motion: Wilhelm Second: Hall Ayes : Wilhelm, Hall, Farrier, Emerson, O'Brien, Fickes Nays : None Approved: 6-0 vote Agenda Item #5-A, Resolution No. 91-48, Abandonment of easement in Monticello Motion was made to approve Resolution No. 91-48, abandonment of an access easement in Monticello subdivision, authorizing Mayor Fickes Lir to execute a quick claim deed to the owner of Monticello. Motion: Wilhelm Second: Emerson C Ayes : Wilhelm, Emerson, Hall, Farrier, O'Brien, Fickes Nays : None Approved: 6-0 vote Agenda Item #6-A, Public Appearance Karen and Stephen Apple were present, representing Friends of the Southlake Library. She introduced the other members of the group, present to show support. Mr. Apple, treasurer, presented a check for $7,500 . for the purchase of books through the Interlocal Agreement with the City of Grapevine. Through the fund raising efforts of the Friends, and other groups within Southlake, they have contributed $12,500 . to date for the purchase of books . Agenda Item #6-B, Public Forum No comments were received during the public forum. Agenda Item #7-A, Ordinane No. 480-60, 2nd reading (ZA 91-60) Ordinance No. 480-60, 2nd reading, is a zoning change request for a 2 .44 acre tract of land out of the John Childless Survey, Abstract No. 254 , Tract 1A1, being more commonly known as 1600 Burney Lane. Current zoning is "AG" Agricultural, with a request for "SF-1A" Single Family-lA Residential zoning district. Location is the south side of Burney Lane at Midway Drive. Owner/applicant is Joe E. Kennel . L L City Council Meeting Minutes December 3, 1991 page four Agenda Item #7-A, Continued Karen Gandy, Zoning Administrator noted on November 7, the Planning and Zoning Commission recommended approval of the request by a 5-0 vote. On November 19, 1991, the City Council approved the 1st reading by a 6-0 vote. Mr. Joe Kennel was present to answer questions for Council . The public hearing resulted with no comments from the audience. Motion was made for the approval of Ordinance No. 480-60, 2nd reading. Motion: Emerson Second: Wilhelm Mayor Fickes read the caption of the ordinance. Ayes : Emerson, Wilhelm, O'Brien, Hall, Farrier, Fickes Nays : None Approved: 6-0 vote Agenda Item #7, Ordinance No. 544, 2nd reading. Landscape. The City Manager suggested that this item be tabled, as the requested information has not been completed. Motion was made to table Ordinance No. 544, 2nd reading of the Landscape ordinance time certain December 17, 1991 . Motion: Wilhelm Second: Hall Ayes : Wilhelm, Hall, O'Brien, Emerson, Farrier, Fickes Nays : None Approved: 6-0 vote (to table) Agenda Item #7-D, Ordinance No. 555, 2nd reading Tri-County Rate Increase Curtis Hawk, City Manager, explained to Council the available options in regard to the request for Rate Increase by Tri-County Electric Cooperative Inc. , including: approve the rates; deny the rates; suspend for 90 days and hire a consultant; or, do nothing. If Council chooses to do nothing, on January 2, 1992, the rates would automatically go into effect. Ed Kelly, representative with Tri-County was present to answer questions for Council . He indicated all other communities are holding the 2nd readings, as they are passing the ordinances on to the Public Utility Commission. I C City Council Meeting Minutes December 3, 1991 page five Agenda Item #7-D, Continued Mayor Pro Tem Wilhelm wanted the minutes to reflect that the last rate increase was in 1984 . Tri-County is a non profit corporation, and is suppose to operate at cost. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 555, 1st reading, approving the rate increase. Motion: Emerson Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes : Emerson, Farrier, Hall, Wilhelm, Fickes Nays : O'Brien Approved: 5-1 vote Agenda Item #8-A, Ordinance No. 480-58, 1st reading (ZA 91-51) Ordinance No. 480-58, 1st reading, a request for zoning change for a 0 . 439 acre tract of land out of the C.M. Throop Survey, Abstract No. 1510, Tract 7A4B3 . Owner/Applicant: Jim and Beth Futch. Zoning Administrator, Karen Gandy reported to Council that this item has been withdrawn by the owner/applicant. No action was taken on this agenda item. Councilmember Barry Emerson stepped down for agenda items #8-B and #8-C, stating conflict of interest as he is the lender for this project. Agenda Item #8-B, Ordinance No. 480-61, 1st reading (ZA 91-66) Ordinance No. 480-61, is a zoning change request and concept plan approval for 7 .5 acres out of the John A. Freeman Survey, Abstract No. 529, more commonly known as portions of Lot 1, Miron Addition and Lot 2B, Gorbett Addition. Current zoning is "C-2" Commercial-2 , with a request for "B-1" Business Service Park. Owner/Applicant is Robert Miron dba Miron Properties, Inc. Mrs . Gandy noted ten ( 10) notices were sent to property owners within 200 ' and she received one notice from Deryl McNutt, 212 Westwood, Southlake, who is opposed to the request. On November 21, 1991 the Planning and Zoning Commission recommended approval subject to the November 15, 1991 summary review letter. L I Ir City Council Meeting Minutes December 3, 1991 page six Agenda Item #8-B, Continued Mrs . Gandy presented a listing of the comparison of uses for Council . John Levitt, Levitt Engineers, 726 Commerce, Suite 104, Southlake, was present, representing the owner/applicant. Mr. Levitt noted Mr. Miron has zoned and owned the property for the past 10-12 years . He has not been able to market the back part of the property and the lenders would like to see him do something with this tract of land. B-1 Zoning fits in with the current uses on the property. Levitt stated the zoning provides a transition from single family and fits the tract and allows him to market the property. Mayor Pro Tem Wilhelm expressed he understands the need for B-1, however, he would rather see commercial use stop at the end of the Woodland Group. He fees it is too deep, and this use should not stretch in that close to residential . The public hearing resulted with no comments from the audience. Lme Motion was made to approve Ordinance No. 480-61, with the summary review letter dated November 27, 1991 . Motion: O' Brien Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes : O'Brien, Farrier, Hall, Wilhelm, Fickes Nays : None Approved: 5-0 vote Agenda Item #8-C, Ordinance No. 480-63, 1st reading (ZA 91-67 ) Ordinance No. 480-62, is a zoning change request and concept plan approval for 5 . 43 acre tract of land out of the John A. Freeman Survey, Abstract No. 529, more commonly known as portions of Lot 1, Miron Addition and Lot 2B, Gorbutt Addition. Current zoning is "C-2" Commercial-2 and the request is for "B-2" Commercial Manufacturing District. Location: 1600 Block of East Southlake Blvd. , behind Kids, Inc. and D & L Printing Company. Owner/applicant is Robert Miron dba Miron Properties, Inc. John Levitt, Levitt Engineers, was present representing Mr. Miron, stating Miron is an investor at this time. His plan is for Mini-warehouses for the 5 .43 acres . Mayor Pro Tem Wilhelm referenced the comparisons in the zoning I:l' , ordinance, which was prepared by Mrs. Gandy. Wilhelm stated he does not object to B-1 uses but objects to the potential noises of B-2 in that location. E. I Ir City Council Meeting Minutes December 3, 1991 page seven Agenda Item #8-C, Continued Mayor Fickes stated he would like to see Mr. Miron come back with a S-P-1 zoning for this property. Motion was made to continue Ordinance No. 480-62, 1st reading, at the December 17, 1991 City Council meeting. Motion: Hall Second: O'Brien Ayes : Hall, O'Brien, Farrier, Wilhelm, Fickes Nays : None Approved: 5-0 vote (to table) Councilmember Barry Emerson returned to Council table. Agenda Item #7-C, Ordinance No. 506, 2nd reading. Signs Code Enforcement Officer, Eddie Wilson, presented the sign ordinance which incorporated the suggested changes by Council . He noted Section 27, a penalty of $500. for violation. Staff suggested this penalty be changed to $2,000. per violation. City Attorney, Wayne Olson, stated his interpretation of the Status Ler is that the fine must be a maximum of $500 . Only Health, Safety, and Welfare ordinances can impose the $2, 000 . fine. The public hearing resulted with no comments from the audience. CMotion was made to approve Ordinance No. 506 , 2nd reading. Motion: Wilhelm Second: Emerson Mayor Fickes read the caption of the ordinance. Ayes : Wilhelm, Emerson, Hall, O'Brien, Farrier, Fickes Nays : None Approved: 6-0 vote Agenda Item #8-D, ZA 91-69, Revised Development Site Plan for Building Permit/Conoco ZA 91-69 , a Revised Development Site Plan for a building permit approval for a 33 . 626 acre tract of land out of the Harrison Decker Survey, Abstract No. 438, Tracts 1B1, 1B1B, and 1B1C. Current zoning is "I-2" Heavy Industrial District. Owner/Applicant: Conoco, Inc . Karen Gandy, Zoning Administrator, explained Conoco is revising the development site plan as they wish to build a 10 'X 30 ' foam storage building and ancillary utility services, on their site. Twenty L (20) notices were sent to property owners within 200 ' and to date she received one reply from Joe Coker, 1233 Timberline: opposed. E. c L City Council Meeting Minutes December 3, 1991 page eight Agenda Item #8-D, Continued The Planning and Zoning Commission recommended approval of the request during the November 21, 1991 meeting with a 5-2 vote, deleting #7, requirement for grading. Mrs . Gandy presented a revised summary review letter dated November 22, 1991 . Roger Stewart, Fire Marshal, was present to answer fire safety questions for Council . Brad Prance, representative of Conoco, stated they propose deleting items #1 & #2 from the November 22, 1991 review letter. He noted, currently all structures are steel and they would like to continue with steel structures . City Manager, Curtis Hawk stated with this addition, Conoco is adding the emergency procedures which the City Staff and Council have been urging through conversations . It will enhance the fire safety on site. Mayor Pro Tem Wilhelm stated this procedure will very much enhance the safety in that area. He does not have a problem granting a variance to the masonry ordinance because everything else is steel . Le Roger Stewart stated Fina Oil Company is also working on adding this procedure to their project. The City Manager stated Staff will be bringing back to Council, a resolution which will grant the variance to the masonry requirement. Motion was made to approve ZA 91-69, allowing them to be excused from Item #1 & #2 , on review letter dated November 22, 1991 . Motion: Hall Second: Wilhelm Ayes : Hall, Wilhelm, O' Brien, Emerson, Farrier, Fickes Nays : None Approved: 6-0 vote Mayor Pro Tem Wilhelm thanked not only Conoco, Inc. but Councilmember Sally Hall because she is the one who has pushed this through over the years, which has upgraded the fire safety in this area. Agenda Item #8-E, Ordinance No. 536, 1st reading. Weeds The City Manager, Curtis Hawk introduced Ordinance No. 536, stating this ordinance has been brought before Council on numerous F occasions for discussion. Director of Public Safety, Billy Campbell, went through the ordinance for Council, calling attention to: Section 2, grass and weeds over 12" ; Section 5 & 6, procedures for liens; noting this ordinance appeals Ordinances No. 361 in its entirety. I C Ilip City Council Meeting Minutes December 3, 1991 page nine Agenda Item #8-E, Continued Mr. Hawk addressed the issue of right-of-way and who is responsible Ito clear them, noting the Subdivision ordinance addresses this issue. Councilmember Jerry Farrier expressed concern with weeds in the right of way. He stated he sees a problem with enforcement of the ordinance in this respect. 1 The public hearing resulted with no comments from the audience. Councilmember Barry Emerson stated he sees this ordinance as an improvement over the ordinance which is currently on the books . The City Manager stated staff can try and come up with some alternative wording prior to second reading in regard to the issues noted. Motion was made to approve Ordinance No. 536, 1st reading. C Motion: Emerson Second Wilhelm Er ' Mayor Gary Fickes read the caption of the ordinance. Ayes : Emerson, Wilhelm, Farrier, Hall, O'Brien, Fickes Nays : None Approved: 6-0 vote Council adjourned to recess at 9 : 15 p.m. Council returned to open session at 9 : 30 p.m. Agenda Item #8-F, Ordinance No. 554, 1st reading. Creating Police Reserve and Auxiliary Fire Service. Curtis Hawk, City Manager, stated the main difference with this ordinance is it deals with the requirement that volunteer fire I personnel be certified. Most of the personnel now involved with the volunteer fire department are eligible for certification. This ordinance is not something that has been done quickly, this is probably the third draft of the ordinance. This ordinance incorporates other ordinances on the books for auxiliary fire department, reserve police officers and volunteer fire personnel . The costs for training both fire and police reserve personal was discussed. Mayor Fickes stated he would like to see a policy that the City will reimburse the personnel for education for certification. If the City is going to require certification, the city should pay for I it. I C City Council Meeting Minutes December 3, 1991 page ten Agenda Item 8-F, Continued Mayor Pro Tem Wilhelm stated, the City of Southlake will never make anyone join the volunteers . Councilmember Barry Emerson stated he pushed to have this ordinance on the agenda tonight because we have not been enforcing the other ordinances in this area. The Mayor noted it is essential that the training of our volunteers be maintained in a current record. Curtis Hawk stated he would like to bring the ordinance back on December 17, for second reading, giving him the opportunity to pass the ordinance around and also include the procedures and policies . Tom Snyder, President of the Southlake Volunteer Fire Department. Mr. Snyder stated the enrollment figure in the ordinance of twenty (20) is low, he would like it to be raised to twenty-five (25) . He outlined the number of sets of gear which were purchased by the Volunteer Fire Department. He asked that Section 21 of the ordinance in regard to members of an organization be changed from "may" to "shall" . Lige Mayor Fickes noted he would be meeting with Volunteers next week and Councilmember Emerson agreed to meet also. Motion was made to approve Ordinance No. 554, 1st reading, with the modification to raise the cap on the number of volunteers to twenty-five (25) . Motion: Emerson Second: Wilhelm Mayor Fickes read the caption of the ordinance. Ayes : Emerson, Wilhelm, Hall, O'Brien, Farrier, Fickes Nays : None Approved: 6-0 vote Agenda Item #9-A, Resolution No. 91-44, Request for Variance to Masonry Ord. for Timarron Addition The City Manager noted Resolution No. 91-44 , is a request for variance to the masonry ordinance. Under our ordinance this is a public hearing, and Council needs to be specific on the reasons for and the requirements and special conditions applicable to the request. Susan Evans, president of Timarron Corp. was present to answer questions for Council . They are requesting a variance to the masonry ordinance in order to create a unique identity for the development of Timarron. They wish to provide a quality identity I L City Council Meeting Minutes December 3, 1991 page eleven Agenda Item #9-A, Continued which will separate them from the other areas in Southlake. The buildings which are proposed to be constructed are in line with the renderings which are attached to the minutes . They are to contain no less then 45% masonry materials and glass . Ms . Evans noted the structure will be located at the entrance at Continental Blvd. and White Chapel Blvd. , being a wall or landscaping. The other 55% would be wood siding, painted with a semi-transparent stain. The structures would either be maintained by them or they would be deeded to the homeowners association. The development would be turned over the homeowners when the addition is 75% complete. Councilmember Sally Hall commented in regard to the requirement for masonry. She would like to see a higher percentage of masonry on the buildings . As things get tough, the first thing people let go is the homeowners association fees . She feels the structures should be maintenance free, or as much so as possible. Mayor Pro Tem Wilhelm commented the masonry ordinance was passed because Council wanted structures to be esthetically pleasing. He noted, the variance requested includes all the landmark and tripe recreational buildings over the 900 plus acre tract. Discussed was the entrance feature, the recreational at the northern part, and the potential recreational area down to the lake. He asked, what will happen if Mobil sells off land in five or so years and the new owner has been given a variance. Wilhelm would like for the areas to be localized in some degrees . Ms . Evans stated she does not see a problem with this request. No comments were received during the continuation of the public hearing. Motion was made to approve Resolution No. 91-44, including the staff memorandum dated December 3, 1991, with materials to include stone, glass and wood and a general location of the structures as described, being included in the resolution. Motion: O'Brien Second: Wilhelm Ayes : O'Brien, Wilhelm, Emerson, Farrier, Fickes Nays : Hall Approved: 5-1 vote C F C i (.... City Council Meeting Minutes December 3, 1991 page twelve Agenda Item #11-A, Discussion: S-2 Sewer Line Agreement Director of Public Works, Michael Barnes, presented a proposed agreement for the S-2 sewer line. A copy of the memorandum dated November 27, 1991, is hereby attached to the minutes . Mr. Hawk noted staff will bring this item back to Council on December 17, 1991 for consideration. Agenda Item #11-B, Discussion: Drainage Facilities for Proposed Chevron Station at F.M. 1709 and F.M. 1938 The Memorandum dated November 27, 1991, from Director of Public E Works, Michael Barnes, in regard to the drainage facilities for the proposed Chevron Station at F.M. 1709 and F.M. 1938, were IE discussed. A copy of the memorandum is hereby attached to the minutes of the December 3, 1991 City Council meeting. Council is to consider this agreement during the December 17, 1991 CCity Council meeting. Agenda Item #11-C, Ordinance No. 550, Thoroughfare Plan E., City Engineer, Eddie Cheatham, gave a summary of the changes to the text of the proposed Thoroughfare Plan. Jack Hatchel, traffic engineer, was present to answer questions for Council . E It was noted the Planning and Zoning Commission approved the plan. This item is to be considered by the City Council during the IE December 17, 1991 City Council meeting. Agenda Item #11-D, Discussion: Ordinance No. 551, Park Master Plan Greg Last, City Planner made a presentation of the Park Master Plan. A copy of the memorandum from Mr. Last, dated November 26, 19991, is hereby attached to the minutes . Agenda Item #12, Adjournment The meeting was adjourned as 12 :20 a.m. by Mayor Ickes.,_ E yor Gary Fick s \o � ��A, F'�,' AT EST: � 114/1,4(A• X aii4L1,) 11/4 • - Landra L. LeGrand, City Secrar �,,� • a ;ram P`\ :co ; J� C Friends of the Southlake Library F.O.S.L., Inc. • P.O. Box 92692 • Southlake, Texas 76092 December 3, 1991 DECa31991 Honorable Gary Fickes and The City Council OFFICE OF City Hall CITY SECRETARY Southlake, Texas 76092 Dear Mayor Fickes and Councilmembers : The Friends of the Southlake Library are pleased to present to the City of Southlake this check for $7, 500 for the purchase of books under the interlocal agreement with the City of Grapevine. Through the fund-raising efforts of the Friends and other community organizations, notably the Southlake Chamber of Commerce and the Southlake Womens Club, citizens have contributed $12, 500 to date for the purchase of books . With the $10, 000 allocated by the City of Southlake in the E.. 1990-91 fiscal year, this brings our book acquisition fund to a total of $22, 500 . This represents approximately 1, 500 books on order or to be ordered for the City of Southlake to circulate at the Grapevine Library. Additional matching funds from the City would bring the acquisition fund to $25, 000 . Our community is planning additional fund-raising activities in 1991-92 to continue the growth of Southlake' s book collection. Sincerely, KaAt,c)A2.p/e. Karen Apple, President Steph n Ap le, Treasurer Phy ' s Adler, Secretary C _ , THE STATE OF TEXAS **7�r. COUNTY OF '/Wie, G * %be 1A7IA]I �• as a member of the s�`I!/�j` (4 /V ��q''L-make this affidavit and hereby on oath state the fo lowin4: I, and/or a person or persons related to me, have a substantial interest in a business entity that would Ile peculiarly affected by a vote or decision of the Z '/I I's Q$ ' PC as those terms are defined in Chapter 1 , Texas Local Government Code. The business entity is 1005 4 /soAG gliA `C (name a*' address) I have a substantial interest in this business entity for the IEfollowing reasons: (Check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. imr Real property is involved and have an equitable or legal ownership with a fair market value of at least $2 ,500. A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this a' day of 199 f .- 1(.- ?Ic--oP°4-\11 -c\h R- 6 t e of officia I 1,‘.i. (�13 .0N 0 -s- '' c.�-, - l ,� 0` ��2 tirer e-,� J-8 c. Z. .v4 L1 0A �v� I • AL . BEFORE ME, re, undersigned authority, this day personally appeared and on oath stated that the facts er nabove stated are true to the best of knowledge or belief. Sw��a�rpp to and subscribed to b fore me on this _5 day of D�'""'`A/vJ LuJ' , 19 r t f ' , D Notary i.c in and for ` � � �" '�'•�� the State of Texas '\ !�'' STATE OF TLAAS My Comm.Exp.02(04193 • / Q j + „ /'.,/�L- My Commission Expi i� h v► Type Print Notary' s Name L C C L C I C I I I I I City of Southlake,Texas MEMORANDUM December 3, 1991 TO: Curtis E. Hawk , City Manager FROM: Greg Last, City Planner SUBJECT: Resolution No. 91-44, Request for variance to Masonry Ordinance for Timarron Addition. Mobil representatives have offered the following items as possibilities for fulfilling the requirements of sections I and II of the referenced resolution. ***************************************************************** SECTION I That a variance is hereby granted to the Masonry Ordinance No. 311, as amended, on the property described in Exhibit "A" attached hereto, subject to the provisions contained in the aforementioned ordinances and the restrictions set forth herein. The specific grounds or reasons upon which this variance is granted are: Eftme 1 . To provide a quality identity that separates Timarron from other Master Planned Communities in Southlake. 2 . To integrate natural architecture with the landscape, not overpower it. 3 . To provide flexibility in architectural design for future community and recreational facilities. SECTION II The following specific requirements and special conditions shall be applicable to the granting of this variance: 1 . Site specific to designated parcels within Timarron. 2 . Buildings to be constructed in general conformance with renderings presented to the City Council. 3. Buildings shall contain no less than 45% of masonry materials and glass GL/gh I City of Southlake,Texas MEMORANDUM C%TYMANAG • ER November 27, 1991 ■ i''!'" TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director ISUBJECT: S-2 Sewer Line Installation Agreement For several months, John Drews of Southiake Joint Venture (developer of Albertson's and Chevron at the southeast I intersection at F.M. 1938 and F.M. 1709) , Mary Stone Myers, et al, and City staff have been discussing the feasibility of installing a portion of the S-2 sewer line from the Big Bear IInterceptor to F.M. 1709 (see Exhibit "A", Section I) . Cheatham and Associates has prepared a cost estimate of the sewer line that include all costs except easement IL acquisition. The total estimated cost is $390,000, which divided equally three ways, would be $130,000. The only unknown is the cost of easement acquisition. Hopefully each property owner will give the easement in return for a free sewer tap. The two parties involved have stated that their respective maximum costs that they could afford including easement acquisition, is $135,000 for Southiake Joint Venture and $150, 000 for Mary Stone Myers, et al . Since the two parties have expressed an interest and have stated that they are willing to share equally up to a maximum cost with the City in the installation of the sewer line, the Staff is submitting this proposal to the Council for discussion at the December 3 Council meeting and possible consideration at the December 17 meeting. All three parties have agreed in general that an agreement would need to be drawn stating the basic parameters that would be followed. The parameters proposed are: 1 . The City of Southiake, Mary Stone Myers, et al, and Southiake Joint Venture will share equally in the cost associated with the construction of the S-2 sewer line as shown on attached Exhibit "A. " The total maximum cost that Mary Stone Myers, et al, will pay is $150,000 and Southiake Joint Venture $135,000. Prior to award of the contract, all parties shall submit their equal share of the bid amount and associated costs to the City based on the actual bid cost and associated costs . I Curtis E. Hawk S-2 Sewer Line Installation Agreement L, November 27, 199 Page 2 2. All parties, with the exception of the City, will be eligible for reimbursement fees according to the Sewer Prorata Ordinance. Impact Fees required for Mary Stone Myers and Southlake Joint Venture will be credited to them up to the amount of their total contribution of constructing the S-2 sewer line. 3. The route of the proposed S-2 sewer line will generally be as proposed on Exhibit "A. " It should be noted that exact routing will depend on availability of easements. 4. It is anticipated that the project will receive bids within one year from the date of this agreement. If the project has not been bid by this date then this agreement will become null and void, provided other arrangements have not been made. 5. It is agreed by all parties that the City will finance initially the engineering and survey cost in order to expedite the construction of the sewer line. However, it is agreed by all parties that if any party does not produce their share of the construction cost prior to Lire the bid award and the project is shelved, all parties will at least pay their equal share of the engineering, surveying and easement preparation and acquisition costs (Cheatham's proposed contract is $63,450) within 30 days after receipt of notice from the City. If these conditions or a revised version of these conditions are acceptable to the Council, then an agreement will be submitted to the Council on December 17, 1991 and a contract with Cheatham & Associates to start the surveying and engineering work. It is anticipated that the surveying, engineering, easement preparation and acquisition will take a minimum of six months . The City' s portion of the funds will come out of the Sewer Impact Fund, which has a balance of $ 295,000 . Please place this item on the Council 's next agenda. If you have any questions, please contact me. MHB/lc City of Southlake,Texas CITY MANAGEi MEMORANDUM , -a - 1 ' November 27, 1991 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: Drainage Facilities for Proposed Chevron Station at F.M. 1709 and F.M. 1938 At the southeast corner of F.M. 1938 and F.M. 1709, Southlake Joint Venture (SJV) is proposing to develop the first phase of Southlake Crossing Shopping Center. SJV has an existing drainage easement (designed for an open ditch) that they granted to the State Highway Department several years ago. The easement was granted with the understanding that they could recover the easement if Southlake Joint Venture would build, at their expense, a multiple box culvert meeting the requirements of the City and Highway Department. Southlake Joint Venture is now requesting, at their expense, to install a multiple box culvert in lieu of an open ditch, thus requiring the State to release to Southlake Joint Venture a portion of the existing drainage easement. The cost of the box culvert is estimated at approximately $115,000. irmw The Highway Department is now prepared to dedicate back to Southlake Joint Venture a portion of the existing easement. In order to do so the Highway Department has to include the design of the box culvert in the proposed F.M. 1709 Construction Plans which necessitates the Highway Department requiring a letter from the City requesting same. This means that the City will be obligated for the $115,000, however, the City will recoup its cost from SJV. The cost of the design and installation of the multiple box culvert is the sole responsibility of SJV. SJV has already paid for the design of the multiple box culvert and is prepared to pay for the installation from the proceeds of a sale to Chevron (scheduled to close in February 1992) for approximately 65,000 sq. ft. at that intersection. In order to close on the Chevron sale, a portion of the existing easement needs to be deeded back to SJV at the time of closing. At that time, $115,000 will be placed in an escrow account to the City for the sole purpose of funding the box culvert construction. ir Southlake Joint Venture is willing to enter into an agreement with the City stating that they will be responsible for the cost of the box culvert if the Chevron deal closes as scheduled. Curtis E. Hawk, City Manager Drainage Facilities : Proposed Chevron Station November 26, 1991 Page 2 In general, the Council has the following options. 1. Do nothing. 2 . Request the Highway Department to include the box culvert in their design of F.M. 1709 and trust that the Chevron deal will go through. If the Chevron Corporation has not escrowed the cost of the box culvert by May 1, 1992, then the City will have to request the Highway Department to remove the box culvert from their plans or the City will assume the cost of the box culvert. 3 . Same as 2, except require a contract or agreement with Southlake Joint Venture to be responsible for the cost of the box culvert. This is being brought to the Council as a discussion item to make a decision on the way to proceed. Since this is a complicated item, there may be another alternative that staff has not considered. Please place this on the Council 's next agenda. If you have any questions, please contact me. MHB/lc C C City of Southlake,Texas MEMORANDUM CtTY MANAGER November 26, 1991 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: Thoroughfare Plan C At the November 21 meeting with the Planning and Zoning Commission (P & Z) , Cheatham and Associates, consultants for the Thoroughfare Plan, presented the final draft of the Thoroughfare Plan. At the meeting the P & Z made several recommendations and the consultants are prepared to make their final presentation to the Council. The Council will need to bring their draft of the Thoroughfare Plan to the meeting and the consultants will go through the draft outlining the changes that have been made. It is requested that this item be placed on the Council's next agenda for discussion. It is anticipated that the final report will be ready to distribute at the 1st reading on December 17, 1991. If you have any questions, please contact me. #13 MHB/lc C I I I E , ' City of Southiake,Texas(Ihre CITY MANAGER MEMORANDUM November 26, 1991 I, TO: Curtis E. Hawk, City Manager FROM: Greg Last, City Planner SUBJECT: Parks, Recreation & Open Space Master Plan, Summary of Recommendations. C Prior to the Joint Work Session the Council mthe above referenced rs were sent a copy of the Final Draft (October, 1991) o Master Plan. We will be working from this document during the Council meeting on December 3, 1991. On Monday, November 11, 1991, the Park Board unanimously recommended the approval of the Parks, Recreation and Open Space Master Plan prepared by Schrickel Rollins and Associates out of Arlington. The Park Master Plan is the result of nine months of research, public input and collaborative discussions betwde 1 the park Board and the Consultants. It has a great information to digest pertaining to research about the City as well as the actual parks and recreation recommendations. This Le memo is provided to summarize the recommendations commendations and document. This will include both policy commendations find two charts re facilities recommendations. Attached you summarizing the eventual total costs for ultimate improvements and a facilities summary. 1 Southlake will build its system from a deficit position with a single fourteen-acre park and no pars and recreation department. The City's population is growing at a rate more than double that of the DFW metropolitan area. This will create even more pressure on the existing cilities for parks nd and trecreation.he City's need to accelerate capital improvements It should be noted that there is a difference between aster Plan and a Capital Improvement Program (C.I .F. ) .Park This andd M the Plan is a guide, recommended by Consultants, based on National Recreation and Parks should Associatibeon (NRPA) guidelines, which highlights where facilities t if it is the with regards to parks and recreation intention of the City to meet these guidelines. Following approval of the Master Plan by City Council, the Park Board would then recommend a strategic o timetable ime b e these for implementation and expenditures necessary the Planning goals. The City Council, after a recommendation by will then and Zoning Commission per City Charter requirements, decide what the City "can afford vements program and Recreation as a part of a City wide Capital Impro . . E • . City of Southlake,Texas Li RECOMMENDATIONS - The Master Plan offers the following recommendations: 1. JOINT-USE WITH SCHOOL DISTRICTS - A main emphasis stif thud plan is the joint utilization of school properties recreational facilities. Representatives of CISD have expressed a willingness to work with the City to achieve these objectives. This involves either the Cityor cjding • recreation improvements on school property development of school sites adjacent to park sites. 2. UTILIZATION OF CORP. PROPERTIES - Wherever possible sites are located adjacent to or within Corp. of Engineers (COE) property near Lake Grapevine. The COE has expressedthe willingness to land lease properties to the City with great understanding that the City maintain the property. A ren deal of diver o existswithin the City�ership, g of a broad range opportunities 3. STAFF RECOMMENDATIONS - Establish a parks and recreation department with a City who is This willer the greatly aid tin supervision of the C y 9er the implementation of the Master Plan recommendations. 4. PURSUE DIVERSE FUNDING MECHANISMS- A diversity of funding (ftw methods is: provided to include: Budgeting from the General Fund; General Obligation Bonds or Revenue Bonds; Cost share hare programs with the National Park Service (N of and Wildlife Department (TPWD) , the Department Small Transportation, Texas Department of Forestry, Business Administration (SBA) ; User Fees; Foundations; and Gift Catalogs. 5. ESTABLISH NEIGHBORHOOD PARK SERVICE ZONES - Ten neighborhood service zones are recommended. The size of the zone and the type and number of facilities varies dpenng li on the population within each zone. traTipical multi fa eilidties include playground, picnic tables, courts, tennis courts, practice ballfields and soccer fields, parking and some irrigation. The Section it ies Pfor for each zone are provided in the charts in Recommendations. 6. ESTABLISH COMMUNITY PARK Community EP ZONESks. The- Threethir areas acre site have been recommended for Comm Y north of S.H. 114 is within the limits of the COE flowage easement for Grapevine or fieldsfacili ties and a he lighted e will include competitive football/soccer four-plex baseball/softball complex. The thirty-five acre site adjacent to Bicentennial Park includes major or municipal improvements, i.e. Recreation Center, Aqu Tennis Center as well as one nfin finaladditional acre lighted sit nearpthe lex for baseball/softball. industrial areas in the southeast part of the City includes E 1 City of Southlake.Texas a lighted four-plex, practice ballfields and competitive football/soccer fields along with the necessary parking. 7. ESTABLISH A CITY PARK AREA - A City Park is recommended ie. n conjunction with the CO would d addepend t tfa ilities Lake apto nbe Acreage to be leased developed. Facilities unique to this location o ationreaand include an equestrian center, golf course, fishing pier, boat ramps, and a swimming beach. On November 21, 1991 the Planning and Zoning Commission unanimously recommended approval of the Park Master Plan with the following changes: 1. Change the wording "Poop3sed" Park Sites to and throughout the11texteasual" Park Sites on Plate N appropriate. 2. Add the following wording to Plate No. 3 and where appropriate within the text: "Locations shown for park sites should be considered as floating locations within the designated service zones and as such do not designate any particular piece of property" . IL 3. Deletion of the "Linkage Park and/or Public access Law easement for multi-purpose trails" from Bear Creek on Plate No. 3 due to the extent of current development on the creek and the unlikelihood oof acquiring contiguous lands from individual private The Park Board Chairman (Janet Murphy) and Vice-Chairman (Randy Robertson) were in general agreement with these recommendations. IC Please feel free to call during your review should you have any questions. [ elI GL/gh cc: C.I .S.D Beth Ann Scratchard Park Board Schrickel & Rollins C 1:' E . . . 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THROOP SURVEY, ABSTRACT NO. 1510, TRACT 7A4B3, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL ZONING DISTRICT TO "I-l" LIGHT INDUSTRIAL ZONING DISTRICT SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agriculture 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 damages; noise Ordinance No. 480-58 Page 1 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, ~afet¥ 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 Ordinance No. 480-58 Page 2 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 0.439 acre tract of land out of the C.M. Throop Survey, Abstract No. 1510, Tract 7A4B3, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural District to "I-l" Light Industrial 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. Ordinance No. 480-58 Page 3 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. Ail 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 , 1991. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1991. MAYOR Ordinance No. 480-58 Page 4 ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Ordinance No. 480-58 Page 5