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1997-09-02 CC Packet
t t s City of Southlake,Texas MEMORANDUM August 29, 1997 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting September 2, 1997 Note: Due to the Labor Day Holiday on Monday, the City Council briefing from staff will be held on Tuesday, September 2, 1997, same time, same place. 1. Agenda Item No. 5A. Commercial Developer Agreement for Miron Addition Located 2,600 Ft. West of the Intersection of East Southlake Boulevard (F M 1709) and Kimball Avenue, on the South Side of E. Southlake Boulevard (F M 1709Z There are no unusual items in this agreement, but please note that since this plat was filed prior to the adoption of the new park fees, the old fee of $500 per acre applies. (Section 7.02C of the subdivision ordinance, as amended, specifies that fees shall be assessed at the time of final plat approval.) The total amount due for this project is $2,000. 2. Agenda Item No. 5B. Authorize the Mayor to execute a concurrence contract for sanitary sewer improvements on a sewer line extension from the -2 sewer trunk line to serve Sutton Place. CDBG Project. The memo from Bob Whitehead and Greg Last describes the only unique aspect of this otherwise typical bid award. It is unfortunate to have this miscommunication regarding the service extensions for this project. I am sure that you will have questions regarding comparisons between the city providing sewer service connections in Sutton Place when we are not providing them in our other neighborhood sewer projects. I feel that this can be justified because the majority of the financial obligation on these projects is the County's. On the other neighborhood sewer projects. i the City pays for the trunk line where in the CDBG projects, the County is paying for that � r Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest August 29, 1997 Page 2 portion. Although the cost of providing these services is an unscheduled expenditure, it would be my recommendation that we proceed with this funding to insure the installation of the sewer trunk line by the County. I believe the leverage of city funds to utilize greater County funds, and the betterment of living conditions for low to moderate income citizens, is appropriate. Feel free to contact Greg Last, Bob Whitehead or myself regarding this recommendation. 3. Agenda Item No 5C Authorization to Advertise for Bids for the Installation of Intersection Improvements on S.H. 26 at South Kimball Avenue As noted in the memo from Bob Whitehead, this item is being brought forth at the recommendation of our attorney, essentially to ensure that we encounter no legal difficulties with this project. The developer is ready to move forward with these improvements, but by terms of our Developer Agreement the City of Southlake will not be obligated to participate in the signalization costs until we extend Kimball Avenue through and connect to Highway 26. However, since the costs will be shared, our attorneys believe it is prudent to publicly bid this project (now) since the developer is ready to make the improvements and will be expending the funds which the City will ultimately reimburse. Staff recommends you approve the request to advertise for bids. Note that a copy of the Developer Agreement approved in January, 1997, has been attached to Bob's memo for your information. 4. Agenda Item No. 7A. 2nd Reading, Ordinance No. 480-247, ZA 97-074. Rezoning approximately 485 acres of property known as Solana. As City Council directed at the August 19 regular City Council meeting, we are proceeding with the rezoning of the Solana property which was formerly in Westlake. There have been no changes since Council approval of the first reading (7-0). Feel free to contact Karen Gandy regarding this request. � r Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest August 29, 1997 Page 3 5. Agenda Item 7B. Ordinance No 686 2nd Reading and Second Public Hearing Annual Budget for Fiscal Year 1997-98. Director of Finance Lou Ann Heath and her staff have worked diligently to incorporate all of the changes recommended by Council over the past two weeks. The budget, as presented, will maintain the tax rate at $0.422 per $100 value and will maintain an undesignated fund balance of approximately 15 percent. The summary budget information attached to the ordinance reflects the changes discussed by Council as a result of the previous budget work sessions and our 3rd regular City Council meeting last week. Also included is a page detailing the changes made from the initial August 1 proposed budget. The summary budget also incorporates a Capital Projects Budget for the FY 1997-98 year, plus anticipated Capital Projects through the year 2002. Please contact me or Lou Ann if you have any questions regarding the budget. �,. As noted below, if City Council need additional time to consider budget alternatives, the item can be tabled and the public hearing continued until September 16. 6. Agenda Item No. 7C. Public Hearing on Tax Rate As discussed in last week's memo, maintaining our tax rate at $0.422 per $100 valuation is considered a tax increase due to the rise in property values. The percentage increase exceeds the "notice-and-hearing tax rate," which for us calculates out to be $0.41971. According to the truth-in-taxation requirements, this increase necessitates public notification and a public hearing. There are specific restrictions on the timing of these meetings relative to the date they are posted. Due to these stipulations it will therefore be necessary to hold a Special City Council Meeting on September 9 to provide for a Public Hearing the "tax rate increase." Note this is an off-Council week. We only need a quorum on September 9th in order to hold the public hearing. We can set it for 6:OOp.m., and if things go as usual the public hearing will be over with fairly quickly. However, if you still need additional time to look at the budget, we can hold a work session following the public hearing. If this is the case, the full City Council would be needed if possible. Following the public hearing on r - Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest August 29, 1997 Page 4 September 9, the City Council would vote on the second reading of Tax Levy Ordinance No. 685 on Tuesday, September 16. 7. Agenda Item No. 7D. Ordinance No 685 2nd Reading Tax Levy Ordinance As mentioned last meeting and above, the second reading and second public hearing on the Tax Levy Ordinance must be on the next regular City Council meeting agenda on September 16 for City Council action. Therefore, Ordinance No. 685 should be tabled until September 16 and the public hearing continued until that date. 8. Agenda Item No. 7E. ZA 97-023 Site Plan of Chevron Lot 1 Block 1 Village Center. This is basically the same submittal as was previously reviewed. Feel free to contact Greg Last or Dennis Killough regarding this request. We have reviewed all tapes and have found no mention of the "no-service-station" comment. 9. Agenda Item No. 7F. Resolution No. 97-049, ZA 97-024 Specific Use Permit for the sale of packaged beer for off-premise consumption for Chevron This is also the same request as was previously forwarded. Feel free to contact Karen Gandy regarding this request. 10. Agenda Item No. 7G. Ordinance No. 480-251, 2nd Reading. ZA 97-095 Rezoning of approximately 0.93 acres. from 1-1 to 0-1. Ken Smith. There have been no changes in this request since Council approval of the first reading on consent 5-0. John Levitt, consultant for the applicant, said that it was his understanding that the deed restrictions for this area would be filed on 8/29/97. Feel free to contact Karen Gandy or Dennis Killough should you have any questions regarding this request. 11. Agenda Item No. 7H. Ordinance No. 480-252, 2nd Reading, ZA 97-097. Rezoning and Concept Plan for Wilmington Court. There have been no changes in this request since Council's approval of the first reading 5-0. Review Number One has been revised to Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest August 29, 1997 Page 5 incorporate the additional comments included in Council's previous motion. Feel free to contact Dennis Killough regarding this request. 12. Agenda Item No. 7I. ZA 97-089 Site Plan for Oakmont Plaza Lot 3 Block 3 Diamond Circle Estates. There have been a variety of issues raised during the consideration of this application. Note in the Staff Report includes the recommendations from the Planning and Zoning Commission as a part of their recommendation for approval 7-0. A significant issue in this application is the driveway location. Included in your packet is a variety of correspondence from the existing office to the west (Remax - Gary Yarborough). Although the chronology of correspondence wavers from recommending that the applicant proceed with their own drive (letter dated 5/5/97) to not wanting them to have their own drive (letter dated 7/11/97), it would seem apparent that the only way Mr. Yarborough would allow the applicant to use the existing drive is if the proposed building size is cut in half. Mr. Meyers (applicant) wants to work out an access deal with Mr. Yarborough but is not confident that this is going to be accomplished without the city's assistance. We will discuss city participation regarding this issue in executive session. Feel free to contact Greg Last or Dennis Killough regarding this request. 13. Agenda Item 7J. TIRZ. This second reading and public hearing finalize the creation of the Reinvestment Zone. As you review the ordinance, you will note that several of the particulars have been omitted. During the month of September we anticipate determining if, and at what level, the overlapping taxing jurisdictions are interested in participating. Until this information is substantiated, several of these issues cannot be resolved. In a meeting held with CISD on Friday August 29, the school requested we consider several new ideas such as extending the boundaries of the Reinvestment Zone and increasing the size of the board to 15 members, the maximum allowed by law, so that it can have greater representation on the TIRZ board. I have discussed this with the Mayor and believe there may be merit in delaying the second reading of the ordinance. e t Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest August 29, 1997 Page 6 The CISD was clearly interested in being involved in the TIRZ, and perhaps by slowing the pace and considering their requests they may commit to participating. However, the downside is clear. Sceptics and other citizens may question our commitment to going forward with the creation of the TIRZ. Thus, City Council will need to be very definitive in their rationale for any delay, that is, emphasize that this is an effort to accommodate the CISD and the other taxing entities by allowing them a little more time to weigh the financial implications of their participation in the TIRZ. Just a reminder, we will be meeting with Commissioner Whitley and his staff this Thursday, September 4. 14. Agenda Item No. 8A. Ordinance No. 480-253 1st Reading ZA 97-093 Rezoning of Brock Addition from CS to SF-1A. There are no unresolved issues regarding this request. Apparently Mr. Wiesman purchased a 20' strip off the south portion of Lot 2 and this was not picked up by the surveyor who prepared the original zoning application for the church, resulting in a rezoning of Mr. Wiesman's property to "CS". The error was discovered during the preparation of the plat revision and is being corrected with this item. The Planning and Zoning Commission recommended approval 6-0. Feel free to contact Dennis Killough regarding this request. 15. Agenda Item No. 8B. ZA 97-094, Plat Revision for the proposed Lots 1R and 3R Brock Addition. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval 6-0. Feel free to contact Dennis Killough regarding this request. 16. Agenda Item No. 8C. Ordinance No. 480-254. Istenda Item No. 8C. Ordinance No. 480 1st Reading. ZA 97-103. RezonZA 97-103. Rezoning approximately 3.99 acres from AG to SF-1A3.99 acres from AG to SF-1A. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval 6-0. Feel free to contact Dennis Killough regarding this request. r Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest August 29, 1997 Page 7 17. Aizenda Item No. 8D. ZA 97-104 Plat Showing for above referenced property There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval 6-0. The applicant has requested that this item be tabled until the Council meeting on 9/16/97. Feel free to contact Dennis Killough regarding this request. 18. Agenda Item No. 8E. ZA 97-105. Revised Preliminary Plat for Timarron Addition W,yndsor Grove. The main issue raised with this application is the concerns by residents in The Dominion regarding potential drainage problems. They have apparently experienced silting in their ponds over the past couple years, the large majority of which probably originated in The Dominion. You might recall that their ponds are constructed in the flow line of a watershed that includes not only The Dominion but also a fairly large area north, east, and west of their development. It is probably true that they have experienced siltation, as has Timarron downstream of The Dominion. Until the development is complete in those larger watersheds, there will continue to be siltation build-ups in the amenity ponds. The engineering staff is aware of the drainage issues in this area and is working with the applicants to ensure minimal impact on The Dominion. Staff, including Bob Whitehead, Ron Harper, and I, have had several meetings with residents in the Dominion. I expect some of them to be at the Council meeting. The Planning and Zoning Commission recommended approval 4-2-1 deleting the item related to the drive offset. Regarding that comment, staff is unsure whether this requirement should be applied in this situation. The intent of the requirement was for offset streets on opposite sides of a road; however, it does not say that. We will make a note on this item and recommend more definitive wording in a future update of the ordinance. Feel free to contact Dennis Killough regarding the review summary, or Ron Harper regarding any drainage aspects of this request. r - Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest August 29, 1997 Page 8 19. Agenda Item No. 8F. Ordinance No 480-255 1 t Reading ZA 97-107 Rezoning of approximately 1.1719 acres from AG to 0-1 at 710 S. Kimball There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval 5-2. Feel free to contact Karen Gandy regarding this request. 20. Agenda Item No 8G Ordinance No 480-256 lst Reading ZA 97-109 Rezoning and Revised Concept Plan for Saint Laurence Episcopal Church. There are no unresolved issues regarding this request. Note that there are two portable buildings shown on the plan which have previously been approved by ZBA for Grapevine/Colleyville I.S.D. uses. It came up at the P&Z meeting that the school may no longer need these buildings and it is staff's understanding that the church would not need to use the buildings either. The Planning and Zoning Commission recommended approval 7-0 subject to the Concept Plan Review Summary. 21. Agenda Item No. 8H. ZA 97-110, Plat Revision for the proposed Lot 1R Block A Saint Laurence Episcopal Church Addition. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval 7-0 subject to the Plat Review Summary. 22. Agenda Item 8I. Ordinance No. 677. lst Reading Special Election. In order to meet the timetable, we must have first reading of the ordinance calling for the charter election on this agenda. According to the statute, the items to be included on the ballot must be included in the ordinance. These are included in Exhibit A which contain the redlined amendments, and in Exhibit B, which has the ballot propositions. Note there are two separate versions of Exhibit B. This is to give you options concerning the order of propositions, whether you want more or less propositions by combining items, etc. Analeslie Muncy, the City Attorney, has provided wording for the recommended changes for the ballot. However, in reviewing our notes after the August 26 Council meeting it Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest August 29, 1997 Page 9 seems further clarification may be needed as to what items should be included on the ballot. Your recommendations for changes can be incorporated into the ordinance prior to second reading scheduled for September 16. 23. Agenda Item 9A. Special Election. This resolution addresses the procedures for the Special Election to be held on November 4. The resolution establishes election precincts; designates the election judge and alternate judge; provides for compensation of the judges and election clerks; designates the polling places and provides for early voting. Contact Sandy if you have any questions. 24. Agenda Item No. 10A. Requested Variance to Sign Ordinance No 506-B Sections 20G and 16C for Southlake Town Square. The request and supporting documentation are provided. Basically, Mr. Stebbins is requesting billboard style signage for his project, to be located at two places on his site (Carroll and F.M. 1709 and facing S.H. 114). A variance is required because the signs exceed the allowable square footage for this type of sign. Your packet contains his justification for the request, location maps, and sign elevations. 25. Agenda Item No. 11A. Discussion, Ordinance No 480-BB (Impervious Coverage) Update. During the last discussion on this topic, Council directed staff to prepare a comparison chart of some of the recent commercial developments. They have completed this comparison. In their review, they have found an alternative method of achieving the work group's objectives while making the explanation and review process simpler. Given the workload, staff needs additional time to complete the necessary support documents before presenting this alternative to the Council. We are leaving the item on this agenda, however, so City Council can make comments, etc. However, we will not be prepared to get into many details. If you have any questions regarding the progress of this ordinance, feel free to contact Karen Gandy x743. r Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest August 29, 1997 Page 10 26. Agenda Item 11B Neighborhood Sewer Program. At the joint SPIN/City Council Meeting held Thursday August 28, ideas for improving participation rates in our Neighborhood Sewer Program were discussed. SPIN understood the difficulty facing the City and was receptive to the idea of working with neighborhood groups to convey the importance of tying on. Council may want to identify several program alternatives and work with SPIN to see which would be most feasible to implement. 27. Agenda Item No 11C Discussion of Ordinance setting terms and Qualifications for municipal court judge. Councilmember Moffat has requested that this item be on the agenda to discuss whether or not our ordinance should be amended to require that the Judge of the Southlake Municipal Court be prohibited from serving as the judge in other cities, while perhaps providing that the judge could serve as the "relief' judge in our contiguous cities. (The latter would be the reciprocal of the judges in our contiguous cities being relief judges for our city.) A copy of the pertinent section of our ordinance is attached hereto. Concerning the term of office, note that our ordinance (two years) needs to be amended to comply with our Charter (three years). Our attorneys are reviewing the statutes to see if we can by ordinance restrict the judge in this fashion. We should have some information available by Tuesday. OTHER ITEMS OF INTEREST 28. Note the attached article by Marisa Taylor from today's Star-Telegram concerning the SH 114 projects. The article by Marisa and the Austin Bureau reporter make it sound like we didn't get something. Nothing changed from the approvals we received last year. The White Chapel section, from 0.32 miles east of Dove Rd. to 0.70 miles west of Carroll Road (a one mile section Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest August 29, 1997 Page 11 including the White Chapel interchange), received a Level 2 priority in the 1997 Unified Transportation Program, i.e., funding was authorized for plan preparation and right-of- way acquisition. See also the attached letter from TxDOT dated September 26, 1996. The remainder of SH114 in Southlake was approved for construction funding. We spoke with Wes Heald, District Engineer for TxDOT Ft. Worth, prior to the meeting and received assurances that everything was still on-tract and nothing new was being considered. I tried to explain this to Marisa, but she questioned my explanation. She then called Bob Whitehead, and he told her the same thing that I told her concerning the projects. We both asked her to look in the Star-Telegram files. 29. Out of the Office. I am planning to be out of town Friday, September 5 through Monday, September 8, 1997. We will cancel the City Council briefing from staff on Monday, September 8, unless you have an item you wish to discuss. If so, please contact Assistant City Manager Shana Yelverton and she will arrange to have the briefing and have appropriate staff available. 30. Joint Library Project. Please see the attached letter from City Manager Robert Stripling, City of Colleyville, requesting a meeting with the mayors, city managers, and councilmember representatives from each of the three area cities: Colleyville, Grapevine, and Southlake, to discuss the status of interest in a joint library project. You will recall that at the City Council meeting on February 4, 1997, Cynda Mast, Southlake Library Committee Chair, presented to City Council the committee's recommendation that the City of Southlake support a stand alone library. The actual vote from the committee was seven for a stand alone, one for a tri-city, and two abstentions. (See copy of report attached.) 31. Nature Center Meeting A meeting was held last Monday, August 25, to begin planning for Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest August 29, 1997 Page 12 the Educational Nature Center at Bob Jones Park. The group discussed obtaining preliminary information to begin design plans. They will be visiting the park in early September to get a better idea of the character of the site. The committee will also be visiting other nature centers to get ideas for the nature center and recommendations on "what to do and what not to do." The committee wants to ensure all interests within Southlake are represented; they are therefore identifying and inviting other individuals and groups to become involved. The next meeting is scheduled for Wednesday September 17 at 7:00 p.m. If you have questions regarding the Nature Center, Councilmember Martin will be able to provide you more specifics on the project. 32. Tree Preservation Ordinance. The tree preservation ordinance workgroup finalized their recommendations at their meeting August 18. Staff is now preparing a draft of the (awl ordinance. It is our intent to present the ordinance to you as a discussion item at the September 16 Council Meeting. The ordinance is tentatively scheduled to be reviewed by the Planning and Zoning Commission at their October 9 meeting. Please contact Greg Last or Councilmember Martin if you have questions regarding the ordinance. 33. Westlake Report. As you are most likely aware, on August 20 Judge McGrath recused himself from all the current Westlake litigation. Regional Administrative Judge Jeff Walker assigned the cases to the District Judge Fred Davis. Judge Davis has not yet set any court dates or made any comments regarding the litigation. Judge McGrath's recusal will not affect the summary judgement from the quo warranto proceedings. We are still waiting for a court date to be set for the appeal. The City Attorney will be able to address any questions you may have during Executive Session. (46., 34. FYI. Councilmember Ralph Evans will be working from home due to space constraints at his place of business. Until further notice, he may be reached at his home number or by pager. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest August 29, 1997 Page 13 35. Byron Nelson Parkway Traffic Light As I am sure you have noticed, the temporary signal at F.M. 1709 and Byron Nelson Parkway has been installed and is now operational. The intersection was opened Thursday afternoon. 36. Strategic Plan - Next Steps. As mentioned last Tuesday, the consultants will need to follow up with the entire City Council sometime in October. Given how busy we have been lately (and how hard you have been working), staff is proposing a two hour meeting for Thursday, October 23. You will be receiving personal phone calls to determine if an evening meeting on this date will fit your schedule. In the meantime, we still need you to complete the questionnaire provided by the consultant. Shana Yelverton has placed another copy and return envelope in the packets of those Council members who have not yet had an opportunity to complete it. Please take a moment to fill it out and return it to the consultant. The analysis will not be complete without your input. 37. Berk. Farhat. and Metropool PropertAppraisals As we have previously reported to you, we have asked our appraiser to look at these properties. We received the reports late this afternoon, but we have not had time to review them as of this writing. We will be prepared to discuss them with you during Executive Session. 38. Ordinance No. 480-AA (Senior Adult Independent Housing Units) Update The City Attorney's office has checked with their sources in the Attorney General's Office and has learned that no opinion has been issued on whether a person not requiring assistance can reside in a personal care facility. Zoning Administrator Karen Gandy has also posed this question to the Interim Commissioner of the Department of Human Services. To date, she has received no response. Ms. Gandy plans to contact members of the State Independent Living Council for their assistance as suggested by Deputy Mayor Pro Tern Harris. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest August 29, 1997 Page 14 Additional information will be provided to you as soon as it becomes available. 39. Distinguished Budget Presentation Award The Government Finance Officers Association of the United States and Canada (GFOA) announced that the City of Southlake, has received GFOA's Distinguished Budget Presentation Award for FY96-97. Nationally recognized guidelines for effective budget presentations must be followed in order to receive this honor. This award has been presented to the City of Southlake for FY92-93, FY93-94, FY94-95, and FY96-97. (Due to work load, we missed the filing deadline for FY95-96.) Finance Director Lou Ann Heath and her staff should be commended for their efforts and "a job well done." 40. SPIN Update. Letters of invitation were mailed this week to representatives from 20 different organizations throughout the community to participate in the upcoming Leadership Summit. A follow-up letter from Mayor Stacy will be mailed next week. Following a formal invitation, each prospective participant will be called by either Al Morin or David Baltimore to further explain the goals of the event and to answer any questions about the format of the summit. All members of Boards and Commissions will be among the "Special Guests" invited from the community to observe. The Summit is still without a commitment from a facilitator, but the location of Carroll High School Auditorium has been secured. Please feel free to call Nona Whitehead if you would like to have additional information about the goals and objectives of this event. 41. Land Use Plan Update. The Planning and Zoning Commission held a public meeting on Thursday, August 28 (after the Joint SPIN/CC meeting) to kick off the 1997 Land Use Plan Update. The meeting was well attended and there was an overall positive feel about the meeting. Several good comments were provided to staff and we will incorporate those into our future proceedings. It is the Commission's expectation to meet on their off n ' Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest August 29, 1997 Page 15 Thursdays and discuss one or two study areas at each meeting with hopes of finishing the update by the end of the year. This is optimistic considering our history of master plan updates, but that is the goal. Feel free to contact Greg Last or Chris Carpenter (ext. 866) if you have any questions regarding the 1997 LUP update. I L' C ORDINANCE NO. 522A AN ORDINANCE AMENDING ORDINANCE NO. 522, WHICH ESTABLISHED THE MUNICIPAL COURT IN SOUTHLARE AS A MUNICIPAL COURT OF RECORD BY PROVIDING THE TERM OF OFFICE OF THE MUNICIPAL COURT JUDGE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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 Government Code; and WHEREAS, in an election held on January 19, 1991 pursuant to Government Code Section 30. 482 (b) , the electorate determined that the judge of the Southlake Municipal Court of Record shall be chosen by election; and WHEREAS, Government Code Section 30.486 provides that the City Council shall provide for the term of office of its municipal court judges. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: SECTION 1 That Section 5 of Ordinance No. 522 is hereby amended to read as follows: "A municipal judge in the Southlake court of record must be a licensed attorney in good standing and must reside within the City of Southlake or a contiguous city. A person may not serve as a municipal judge while that person holds other office or employment with the City government. The term of office for the elected municipal court judge shall be for two (2) years. The City Council shall set the salary of the municipal judge no later than two (2) weeks before the election filing deadline. The City Council may appoint persons as relief municipal judges and set their compensation as set forth in Section 30. 487 of the Government Code. " NEWS CLIPPING Source: Fort Worth Star Telegram Date: August 29, 1997 3 Texas 114 projects keeptop state status Some Southlake work gets lower priority BY CARLOS SANCHEZ Southlake at Priority 2 for at least AND MARIsA TAYLOR a year, delaying for at least four SuaTeksmm Staff wrium yew any monetary commitment projects for Three construction by the state,said Randall Dillard, Texas 114 have retained top prior- a Transportation Department ity status with the state Trans- spokesman portation Department, but area officials are disappointed that "It's very important that it's at another plan for the busy road Priority 1," said Bob Whitehead, ' Plans for Farm Road 157 call tion to press for road improve-! didn't move up the funding list. director of public works for for the 3.1 miles between Texas meats. This year, cities along' Yesterday in Austin, the Texas Southlake, which is bisected by 10 and Green Oaks Boulevard to Texas 114 didn't send represents- Transportation Commission voted Texas 114."We still have wad_c to be waded to a six-lane divided tives because they believed that; to leave Texas 114 between Dove do." leeway their immediate needs had been Road and Carroll School Road in Three other Texas 114 ma's a major accomplishment," addressed,officials said Pfqerrs Euless City Manager Tom Hart But city officials plan to try remain at Priority 1, including a said..1his is extremely important getting the last phase of Texas 114' $15.9 million project to expand to the city of Euless and to the upgraded next year. Residents in 1.6 miles of the highway from region. We've been wanting this Northeast Tarrant County are con- West Kimball Avenue to Farm for a long time." tending with more congestion Road 1709, said Jodi Hodges, The Fort Worth District of the along Texas 114, in part because spokeswoman for the Texas Department of Transportation, of the opening of Texas Motor Department of Transportation in which includes Tarrant and eight Speedway and accompanying Fort Worth. other counties, will receive development. A $13.5 million project to $808.3 million in highway money "The city of Grapevine is very ` improve 1.4 miles from Carroll during the next four years,Dillard disappointed that the commission Avenue to Kimball Avenue and an said. wouldn't want to upgrade 114," $8.0 million project to upgrade That represents almost 10 per- Grapevine Director of Public 1.6 miles from Kirkwood Boule- cent of the total statewide spend- Works Jerry L. Hodge said "We vard to Dove Road also remain ing for transportation,he said,and think improvements are needed to Priority 1,she said includes improvements to avia- handle the growth of the area." A$12.7 million road-widening tion and public works projects. The planning decisions by the project for Farm Road 157 For three years, Metroplex three-member commission were between Euless and Arlington cities have expressed their needs included in a massive 10-year was upgraded to top priority by to the Transportation Commis- plan that authorizes more than $81 state planners. sion, said Dan Kessler, assistant billion in highway, aviation and Priority 1 status means that director of transportation for the public transportation projects- work on a project could begin by North Central Texas Council of "Our ability to fund tfansporta- 2001. Governments. tion projects is constantly dimin-' Texas 114 between Dove Road "We don't like to call it lobby- ishing," commission Chairman' and Carroll School Road could ing, we like to call it education," David M. Laney said before the become Priority 1 in the next four he said. "It's a way of communi- panel adopted the plan. years,Hodges said rating to the commission that we He said that the percentage of "As much as we regret that it need more transportation dollars available money compared with wasn't moved up to Priority 1, in the Dallas-Fort Worth area." the amount needed for pendingr there's always next jew,"Hodges Last year,cities such as South- highway projects has dropped LI said. "We will continue in our lake,Trophy Club and Roanoke . during the past several years from efforts to change the priority." seat representatives with a delega- 42 percent to 33 percent. 1-96 11 :40A Prime Strategies, Inc. 512 474 9219 P.02 Texas Department of Transportation DEIMTT C.GREER STATE HtG M BtDG.•125 E 11TH STREET•AIUSTK TOMS 78701-M•M2148 MM September 26, 1996 Subject:June 19%Delegation Appearance-METROPORT 114 Partnership Honorable Ed Balser Mayor of Concyvillc Chair,METROPORT 114 Partnership Executive Committee P.O.Box 185 Coileyville,Texas 76034 Dear Mayor Baker: I would like to take this opportunity to advise you regarding action taken by the Texas Transportation Commission in relation to projects your delegation requested at the June 1996 Cammissi meeting. The State Highway 114 expansion projects requested by your delegation were considered for during the update of the Unified Transportation Program which the Commission approved om Septenll�Z 1996. The following projects were approved in Priority 1 of the plan(scheduled for construction In fiscal years 1997- 2000): SH 114,from III 35 W to east of US 377 $17,000,000 SH 114,from Kirkwood to Dove Road $ 8,900,000 SH 114,from Carroll School Rd to Kimball Road $13,459,000 SH 114,from Kimball Road to Wall Street $15,359,000 The following project was approved in Priority 2 of the plan(authorized for plan preparation and right of way acquisition): _ -- SH 114,from Dove Road to Carroll School Road $12,167,000 Your ddegation is to be eomn=xbd for their efforts. You ace encouraigod to werk�with both;the Dallas and Fort Worth Districts to provide the finest transportation infrastructure possible for the Metroplbx arcs. Sincerely, Robert Cuellar,P.E. Deputy Executive Director Transportation Planning and D6clopment An Equd Opportrmiry Employer City of s � 28�T s' Texas tC7 OF MY GF.R August 25, 1997 Curtis Hawk City Manager 667 North Carroll Avenue Southlake, Texas 76092 Dear Curtis: The Mayor and City Council of Colleyville have asked me to arrange a meeting with representatives of Southlake and Grapevine to discuss the possibility of moving forward with a joint library project. The primary purpose of the meeting would be to determine the relative interest of the three jurisdictions and discussion of any barriers to a successful three party agreement. I would suggest that it would be important for each city to be represented by their Mayor, City Manager and a Councilmember. Mayor Newton, Councilmember Donna Arp and I will attend for Colleyville. I offer Septembe�12 or 19 as possible meeting dates. Colleyville would be glad to host a breakfast meeting on any of those dates starting at 7:30am or,8:00am for a ninety minute session. Please discuss this with your elected officials and let me know when would be the best time for you to meet. Sincerely, C. Robert Stripling City Manager P.O. BOX 185 c6LLEYVILLE, TEXAS 76034 (81.7) 577-7575 OFFICIAL RECORD REPORT TO THE CITY OF SOUTHLAKE FROM ITS LIBRARY COMMITTEE COMPOSED BY: CYNDA MAST, CO-CHAIR On February 4, 1997, the committee made a presentation to the city council summarizing its findings. The committee, composed of sixteen members, was appointed by the council in the summer of 1996. Its first meeting was held on July 30, 1996, and regular meetings continued until January 15, 1997. The committee's charge was to answer the following question, posed by the council: Will Southlake be better served by a stand-alone library or participation in a tri-city library with the cities of Grapevine and Colleyville? THE PROCESS The committee progressed through a series of steps designed to assist it in answering the question posed by the council. The first step was to generate secondary questions that had to be answered in order to answer the primary question. The secondary questions included "Where could either type of library be located?", "How will a tri-city library be governed?", "Has anyone else tried a cooperative effort?", and other similar questions. The discussion and research of these questions led to the identification of three prominent issues: governance, location, and cost. Consensus was established that these three issues were the most critical in influencing a recommendation to the council. Research into matters related to these issues continued. Continued research generated additional questions. Answers to these questions was sought from many sources and resulted from engaging in a variety of activities involving the use of these sources. These included: • a meeting with the consultant hired by the city managers of the three cities involved--Grapevine, Colleyville, and Southlake. The consultant, Richard Waters, had prepared a report to the cities after his own study of the issue of a tri- city library. The report was submitted to the members of the library committee, by Curtis Hawk, on August 16, 1996. The committee members read and discussed Mr. Waters' report, then met with him on October 16, 1997 to seek clarity and additional information regarding the contents of the report. A copy of Mr. Waters' report may be obtained from Curtis Hawk, City Manager of Southlake. • contacting officials at the Texas State Library. Contact was made with Belinda Boon, Continuing Education Consultant of the Library Development Division at the Texas State Library. Ms. Boon provided information regarding the rules for governing a public library in Texas and the minimum standards for the establishment of a public library. This information is contained in a document, which may be obtained from the Texas State Library, titled Texas Library Svstems Act and Rules for Administering the Library Systems Act. Contact was also made with Mark Smith and Dick Getz, both officials of the Texas State Library. Mr. Smith works with the ten major Texas regional library systems, and Mr. Getz is grants administrator for the Texas State Library. • contacting other communities using shared library governance. The committee was able to find only one pair of communities in Texas that was sharing governance with another entity in administering its library. The cities of Crandall and Combine share the governance of their library with the Crandall Independent School District. Documents describing how this library was planned and established were sent to Southlake's Library Committee by Charlinda Gray, Crandall's City Manager, and Sharon Morrow, Assistant Superintendent of the Crandall Independent School District. • meeting with the city managers of Grapevine and Colleyville. A meeting with Bob Stripling, City Manager of Colleyville, took place on November 25, 1996. Attending the meeting were Mr. Stripling, Curtis Hawk, and three members of the Southlake committee--Cynda Mast, Sally Hall, and Danita Fierce. Ms. Mast and Ms. Hall also met with Trent Petty, then City Manager of Grapevine, on January 2, 1997. The purpose of these meetings was to exchange information with the other cities' representatives regarding conditions that would satisfy their requirements for a tri-city library. Specifically, committee members were seeking information regarding what Grapevine and Colleyville would find acceptable on the issues of governance, location, and cost of a tri-city library. • contacting representatives from area libraries. The committee sought information regarding numbers of holdings in libraries of various sizes, numbers of professional and paraprofessional employees needed to maintain the libraries, hours of operation, and other specific types of information needed to help the committee identify the conditions under which it would find each type of library, stand-alone or tri-city, acceptable. THE CONDITIONS As the information-gathering process progressed, the findings were reported to, and discussed by, the members of the committee. Based on the outcome of the research, the committee identified conditions under which it would find each of the library types acceptable. The conditions are listed below. REQUIRED CONDITIONS FOR TRI-CITY LIBRARY PARTICIPATION A. State of the art technology B. Funding from each participating city comparable to the percentage of population of each city to total population C. 10-12 full-time professionals, including director and assistant director D. 60 hours of service weekly E. 2.5-3 items per capita F. Safe, convenient, aesthetically pleasing location near other amenities (shopping, other government facilities, etc.) G. 50,000 square feet, with adequate meeting and activity space to meet needs of all participating cities H. Governance must be shared equally among the participating, cities REQUIRED CONDITIONS FOR STAND-ALONE LIBRARY A. State of the art technology B. Three full-time professionals, including director C. 56 hours of service weekly D. 75,000 holdings or five per capita(assumed 15,000+population) E. Safe, convenient, aesthetically pleasing location near other amenities (shopping, other government facilities, etc.) F. 25,000 square foot building SUMMARY OF THE ISSUES As stated earlier in this report, the committee identified three issues which it considered to be most important in determining its recommendation to the council. What follows is a summary of the findings of the committee on each of those issues. Location Each of the three cities has land available upon which to build a library. Southlake owns the fourteen acre Richards/Timarron property bounded by 1709 and Byron Nelson Parkway. This land is adjacent to what will be Rockenbaugh Elementary School. Colleyville owns nine acres on Bluebonnet Drive between Glade and Hall-Johnson roads, which will also be the site of their new community center. Grapevine owns twelve acres behind their convention center. According to Trent Petty, their city manager at the time the committee was researching these issues, they would prefer to locate a new library building there, converting the old building to a senior center for Grapevine's citizens, or expand the current Grapevine Public Library. Mr. Petty said that Grapevine officials are flexible about the location of a library, not insisting that it be located in Grapevine. Governance The committee identified shared governance as one of the conditions required for Southlake's g q participation in a tri-city library. Grapevine will not agree to such an arrangement. Mr. Petty stated, in the meeting on January 2, 1997, that Grapevine officials are not willing to give up control of the library. He stated that he would agree to add representatives from the other two communities to a library advisory board, but that administrative decisions regarding staff hirings and firings must remain in the control of the city of Grapevine. Bob Stripling, Colleyville's City Manager, stated in the meeting on November 25, 1996, that Colleyville will probably agree to Grapevine's conditions. At the time of the meeting, he had not considered other governing options, although he did express interest in checking with Grapevine about their views on shared governance. Cost In the report the committee received from Richard Waters is a table in which Mr. Waters estimates the costs involved if each of the three cities builds and operates its own library. This is table 14, found on page 32 of the report. He estimates that Southlake's combined capital and operating costs would total $4,244,130, assuming a building size of 17,203 square feet and 14.4 staff members to operate the library. This is in contrast to his estimate of$12,946,223 in combined capital and operating costs if the three cities combined their efforts toward a library. This figure assumes a building size of 54,346 square feet and 47.2 staff members to operate it. This implies that the consultant's cost estimates for a stand-alone library are low, considering that our committee stated a square footage of 25,000 in its list of conditions. Conversely, the consultant's square footage estimates for a tri-city library are higher than the 50,000 square feet identidied as a size condition by our committee. Trent Petty stated that the $800,000 debt on the existing Grapevine library must be paid before a new library would be possible. THE VOTE On January 15, 1997, the committee members cast their votes for a stand-alone or tri-city library. Ten members attended the January 15 meeting and cast their votes as follows. Stand-Alone 7 Tri-City 1 Abstentions 2 The two abstentions occurred because one member of the committee, notably the single member who voted in favor of a tri-city library, protested that two other members had frequently and recently been absent from meetings. That prompted the two members in question to abstain from voting. egislative tj 5 August 22, 1 Number TEXAS NEWSPAPERS VICIOUSLY ATTACK TML Like an injured cur dog licking its wounds, the Texas press establishment is baring its teeth and mindlessly launching attacks in every direction. Why are these media giants so riled? Because their well-financed lobby efforts fell flat in 1997. (W Despite their best efforts, they were unable to pass legislation that would have deprived municipal elected officials of rights guaranteed under both the U.S. and Texas Constitutions. In addition, several bills opposed by Texas newspapers became law, despite the harping and whining of editors and reporters statewide. Most newspapers have targeted TML for an extra heavy dose of venom, even though TML had very little to do with the complete and utter failure of the media's 1997 legislative program. Actually, the League took only two positions relative to the so-called "open government" bills favored by the media special interests. First, TML actively and successfully opposed S.B. 308, a bill that would have, in some cases, made it a criminal offense for a quorum of a city council merely to assemble where public policy was being discussed by a third party. Proponents of this bizarre legislation maintained that its purpose was to prohibit "secret staff briefings." But you can read S.B. 308 a thousand times and never find the term "staff briefing." It was an overly broad bill that richly deserved to die and will be vigorously opposed in the future. Second, the League supported a bill that will keep accident reports private unless the person requesting the record is able to provide certain information. This bill, which is designed to keep accident victims from being hounded by unscrupulous lawyers and others (reporters?), was passed and signed despite press claims that enactment of such legislation would surely cause American democracy to fail and the planets to veer off course. ante: 'When you receive this TAIL Legislative Update. please make copies of it and distribute them to members of the overnin,body and to department heads as appropriate.TNIL sends only one copy to each city, and we rely on those who receive it to distribute it. Thanks for your help. Published by the Texas Municipal League -' ` 1821 Rutherford Lane, Suite 400, Austin, Texas 78754-5128 • (512) 719-6300 To punish Tti1L for these infractions against the high priests of the media establishment, the state's newspapers have spewed a continuing stream of scurrilous lies and misrepresentations about the League. "The most active opponent of open government in Texas," is the usual way in which T%1L is described in articles that have appeared statewide. One major daily newspaper attacked the League's Executive Director personally, calling him a "sympathizer who candidly admits his placement of official convenience over public rights" and a "hired hand and champion of local officials who chafe at having to let the public in on their official schemes and machinations." The same newspaper says that "the basis (sic) problem that many public officials have with open government is that they simply dislike the taxpayers' scrutiny and are annoyed by the inconvenience that openness often can bring." Aside from this newspaper's obvious need for a proofreader, it is clear that this editorialist needs to take an aspirin, apply a cool cloth to his fevered brow, and lie down for a little while. Of this much we can be sure: (1) newspaper editors and reporters are actively involved in lobbying in the halls of the Texas Capitol; and (2) as a result, they are absolutely incapable of balanced reporting. They freely admit to the first assertion; they are strangely silent about the second. LEGISLATURE INADVERTENTLY REPEALS PERMITTING STATUTE Background Article 7 of H.B. 4, passed by the 1987 legislature, provided that the approval or disapproval of any permit application was to be considered by a city solely on the basis of any ordinances or regulations in effect at the time the original permit application was filed. Article 7 went on to provide that if a series of permits was required for a project, the ordinances and regulations in effect at the time that the first permit application was filed shall be the sole basis for considering subsequent permits required for completion of the project. Article 7 was passed as part of the 1987 economic development package and was a legislative reaction to what were perceived as cumbersome and ever-changing permitting processes which the legislature believed were inhibiting economic growth. Article 7 was later codified as Subchapter I of Chapter 481 of the Government Code. However well-intentioned the legislation may have been, it presented a number of significant problems for cities. For example, it wasn't clear that cities could "pass along" to permittees any state and federal mandates. In addition, there was apparently no time limit for a permittee to obtain a series of permits which could be considered only according to ordinances in effect at the time the first permit application in the series was filed. Recognizing these and other problems inherent in Subchapter I, TNIL tried on numerous occasions to amend Subchapter 1. Finally, in 1995, the legislature passed S.B. 1704, a bill that was negotiated with the assistance of the City Planners Association of Texas and which substantially improved Subchapter I for cities statewide. Now, Subchapter I is back in the news. 2 The Repeal As we informed you in the June 13, 1997 edition of the T.WL Legislative Update, S.B. 932 as passed by the 1997 Texas Legislature and signed by the Governor abolishes the Texas Department of Commerce and transfers its duties and responsibilities to a new Texas Department of Economic Development. It also repeals several economic development statutes, including Subchapter L The repeal will be effective on September 1, 1997. It is clear that the repeal of Subchapter I was an accident, a drafting error that escaped the attention of all members of the legislature, legislative staff, hundreds of lobbyists, and the Governor's staff. State Senator David Sibley (R-Waco), the sponsor of S.B. 932, has confirmed that the repeal of Subchapter I was unintentional. What Happens Now? First, for hundreds of Texas cities -- mostly smaller cities -- the enactment of Subchapter I in 1937 meant very little, and its repeal will mean little, as well. For other, larger cities, the repeal of Subchapter I may mean a change in permitting procedures. But cities are advised to move very cautiously and to avoid any actions that flout the legislative intent of Subchapter I. Why" Because the legislature will be back in January of 1999, when builders and developers will undoubtedly seek to re-enact Subchapter I. Listen to what two influential lawmakers have to say. State Senator Florence Shapiro (R-Plano), a former TML President and the sponsor of S.B. 1704 in 1995, was quoted in the July 24 edition of the Austin American-Statesman: Certainly, what we see in the next year and a half will be very important. The purpose of the law. . .was to address abuses. The regulation (municipal permit conditions) should not change as you go through the permitting process. If there are no longer abuses, then the state doesn't need legislation. Senator Sibley, a former T'NIL Board member, agreed: If they (cities) go back to promiscuously changing ordinances to frustrate development, that won't fly. If they're not abusing their discretion, I would imagine well leave them alone. The message -- from these two senators, at least-- is clear: treat builders and developers fairly or be prepared for a battle over the re-enactment of Subchapter I. IN BOERNE DECISION,HIGHEST COURT AGAIN UPHOLDS LOCAL AUTHORITY The U.S. Supreme Court struck down a federal mandate and intrusion into traditional state and local authority when it overturned the Religious Freedom Restoration Act of 1993 (RFRA). Saying that the sweeping coverage of the Act "ensures its intrusion at every level of government, displacing laws and prohibiting official actions of almost every description and regardless of subject matter," the Court ruled that Congress had exceeded its authority in passing a law that is a "considerable Congressional intrusion into states' traditional prerogatives and general authority to regulate for the health and welfare of their citizens..." 3 The case, City of Boerne v. Flores, Archbishop of San Antonio, arose from the denial of a building permit to the church by the City of Boerne, Texas. The church claimed that the city's denial violated RFRA. St. Peter's Catholic Church was built in this small city 28 miles northwest of San Antonio in 1923. When the church found it could not accommodate 40-60 parishioners at Sunday mass, the Archbishop of San Antonio gave permission to the parish to develop plans to expand the building. A few months later, the Boerne City Council passed an ordinance authorizing the City's Historic Landmark Commission to prepare a preservation plan with proposed historic landmarks and districts. Under the ordinance, the Commission must approve construction affecting historic landmarks or buildings in a historic district. When the Archbishop applied for a building permit, city authorities denied the application. Relying on RFRA, the Archbishop sued the city. RFRA prohibits cities and states from substantially burdening a person's exercise of religion even if the burden results from a rule of general applicability, such as a zoning ordinance, unless a city or town can demonstrate a compelling interest and that it has chosen the least intrusive means of implementing that interest. The federal mandate under RFRA applies to all levels of government, including all municipal officials. The U.S. District Court rejected the Archbishop's suit, concluding that in enacting the law, Congress exceeded its authority under the enforcement power of the Fourteenth Amendment. The Fifth U.S. Circuit Court of Appeals reversed the lower court, determining the law to be constitutional. The Supreme Court reversed, holding that Congress not only exceeded its authority, but also contradicted "vital principles necessary to maintain separation of powers and the federal/state balance." Justice Kennedy, writing for the majority, said that the substantial costs RFRA imposes on cities and states and their taxpayers, both in practical terms of imposing a heavy litigation burden on states and cities and in terms of curbing or limiting traditional regulatory power, "far exceed any pattern or practice of unconstitutional conduct." Noting that the Congressional action appeared to be an effort to make substantive changes in constitutional protections, the Court said that requiring a city or state to demonstrate a compelling interest and show that it had used the least restrictive means of implementing its law or regulation "is the most demanding test known to constitutional law." (Adapted from a publication of the National League of Cities.) IN A POWERFUL ENDORSEMENT OF LOCAL CONTROL, U.S. SUPREME COURT STRIKES DOWN PART OF BRADY BILL In its final decision of the Spring term, a closely divided U.S. Supreme Court struck down the background check provision of the 1993 Brady gun control law, but did not address the separate five-day waiting period before a gun sale may be completed. The divided decision came on a constitutional challenge by two county sheriffs, Jay Printz of Ravalli County, Montana, and Richard Mack of Graham County, Arizona. The sheriffs challenged the provision in the Brady Handgun Violence Prevention Act that required state and local law enforcement officers to 4 conduct background checks on prospective handgun purchasers and to perform related acts. The federal law provided no funds to comply with the mandate. In each case. the U.S. District Court agreed with the sheriffs that the background checks were unconstitutional. The cases were consolidated before the Ninth Circuit Court of Appeals, where a divided court determined that none of the provisions of the Brady Act was unconstitutional. The Supreme Court, in its 5-4 decision, pointed to Congress' powers under the Commerce Clause and to state authority under the Tenth Amendment, which provides to the states all powers not expressly given to the federal government. Justice Scalia, in his opinion, wrote that no one provision of the constitution is determinative; rather, he described the decision as falling more broadly under the constitutional establishment of"dual sovereignty." Noting that it was no more acceptable for state and local officials to be mandated to administer federal laws "than it would be compatible with the independence and autonomy of the United States that its officers be pressed into service for the execution of state laws," Scalia wrote that when the "whole object" of a federal law is to mandate state and local actions, the concept of dual sovereignty and the "very principle of separate state sovereignty" are compromised. "Today we hold that Congress cannot circumvent that prohibition by conscripting the state's officers directly. The federal government may neither issue directives requiring the states to address particular problems, nor command the states' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policy-making is involved, and no case-by-case weighing of the burdens or benefits is necessary; such commands are incompatible with our constitutional system of dual sovereignty." The decision marked a strong warning shot across the bow of Congress, imposing severe limits on the ability of Congress to use the Interstate Commerce Clause to preempt traditional state and local authority or to imposeunfunded federal mandates. The decision comes as Congress is considering legislation to preempt basic state and local authority on issues as diverse as electric utility deregulation. Internet taxation, clean air, and regulation of securities. In a scathing indictment of mandates, Justice Scalia "Tote in his majority opinion: "By forcing state governments to absorb the financial burden of implementing a Federal regulatory program, members of Congress can take credit for solving problems without having to ask their constituents to pay for the solutions with higher Federal taxes." That way, the Justice said, Congress can also make sure that local officials "will be blamed for any error" in how the federal mandate is implemented. (Adapted from a publication of the National League of Cities.) APPEALS COURT BACKS CITIES ON FRANCHISE FEES The nation's cities scored a major victory on July 31 when a U.S. Circuit Court of Appeals overturned the Federal Communication Commission (FCC) in a case involving the City of Baltimore. The FCC had ruled against Baltimore in a precedent-setting decision which held that a cable operator, when calculating franchise fees owed to cities, could exclude from "gross revenues" any amounts received from subscribers but used to pay the franchise fee. The Court overturned that FCC ruling. The bottom line of the Court's decision is that "all money collected [by a cable operator] from subscribers, including funds used [by the cable operator] to pay franchise fees, must be included in a cable operator's gross revenue [for purposes of calculating franchise fees owed to a local government]." In the process of reaching this conclusion, the court also held that: "Franchise 5 fees are not a tax. . .but essentially a form of rent: the price paid to rent use of public rights-of- way." Such a finding is extremely important for cities. What does this mean? The ruling that franchise fees may not be deducted from gross revenues could mean S50 to $75 million more in annual franchise fee revenues for local governments nationwide. It also may give rise in some cities to a claim against a utility for past underpayment if the utility started deducting fees from gross revenues two years ago when the FCC decision was issued. The Court's holding that franchise fees are rent could be helpful in the Troy proceeding now pending before the FCC. (Please see the September 25, 1996 edition of the T.VfL Legislative L''pdate.) In that proceeding. the industry is arguing that "fair and reasonable compensation for right-of-way" under Section 253(c) of the 1996 Telecommunications Act means only reimbursement of a local government's out-of-pocket costs. Local governments, on the other hand, argue that compensation means rent (what landlord would consider mere reimbursement of costs to be "fair and reasonable compensation?"). The Court's decision lends support to the cities' position in the Troy case. The FCC can seek rehearing before the Court or it can petition the U.S. Supreme Court for review. While that is possible, there is some doubt that the FCC will bother, and even if it does, its chances for success are low. (Adapted from a publication of the National League of Cities.) FEDERAL COMMUNICATIONS COMMISSION [FCC] PREEMPTS LOCAL SATELLITE ORDINANCE Continuing an emerging pattern of federal preemption of traditional local authority, the Federal Communications Commission (FCC) preempted a Kansas city's satellite ordinance on July 23. In one of its first, precedent-setting decisions regarding municipal authority to regulate satellite dishes, the FCC determined that the City of Meade, Kansas (1994 population 1,545) violated the FCC's rule governing over-the-air reception devices, such as satellite dishes, by adopting an ordinance that restricts the installation and placement of satellite television dishes of one meter or less in diameter. In reaching its decision, the FCC assumed a greater level of authority over local land use and planning decisions historically made by cities. Star Lambert and the Satellite Broadcasting and Communications Association of America (SBCA) had originally filed jointly a request to the FCC to preempt Meade's ordinance. That ordinance was adopted by the City of Meade, Kansas, to impose restrictions on the placement of video programming antennae. The industry sought to preempt local authority under the FCC's over-the-air reception devices rule. This rule, a part of Section 207 of the Telecommunications Act of 1996, provides that "a restriction impairs installation, maintenance or use of a protected antenna if it: (1) unreasonably delays or prevents installation, maintenance, or use; (2) unreasonably increases the cost of installation, maintenance or use; or (3) precludes reception of an acceptable quality signal." The only exceptions to the rule are restrictions that are necessitated by safety or historic preservation. According to the companies, the ordinance provided that "satellite receiving antennae could not be maintained or used."ithin the City of Meade without a written permit from Meade." In addition, antennae had to conform to Meade's specific building and utility codes. Following the initial filing of this petition, the City of Meade repealed its ordinance and replaced it with a new one that similarly required that "installers and users of satellite antennae must apply 6 for a permit from the City of Meade, and if the application complies with the requirements, the building official will issue the permit upon payment of a $5.00 application fee." As a result of the city's subsequent actions, the companies amended their original claim and asked the FCC to rule on the new ordinance, arguing that neither ordinance complied with the federal rule. In particular, the companies argued that the ordinances do not set forth any safety or preservation concerns to justify their permit or fee requirements, and that the procedure set forth in the approval process delays and encumbers the installation of antennae. The companies argued that the FCC's rule adopted pursuant to the Telecommunications Act requires that the safety justification must be clearly stated either in the text of the restriction, its legislative history, or to some form of written document. In reaching its decision, the FCC found that according to the language of the Telecommunications Act of 1996 and the agency's rule, an installer or antenna user does not need to obtain a permit upon written application or pay a permit fee before installation. The FCC determined that without substantial justification or explanation, these procedural requirements and fees would have the potential to act as a barrier between new technology and the consumer, potentially causing administrative delay and regulatory obstacles. (Adapted from the July 28, 1997 edition of Nation's Cities Weekly.) MANDATED HEALTH BENEFITS The 1997 Texas Legislature enacted ten bills that require health benefit plans to pay for certain tests or procedures. For example, H.B. 1173 mandates minimum amounts of coverage for serious mental illnesses, S.B. 172 requires coverage for childhood immunizations, S.B. 258 requires coverage for examinations for the detection of prostate cancer, and so on and on. Such mandated benefits raise serious questions: l. do they raise the cost of coverage? 2. do they result in less coverage for other conditions? 3. is the cost effect of mandated coverages so great that employers are forced to scale-back their health benefit programs? 4. do increased costs force employees to drop dependent coverages? As part of its 1997-98 work program, TNIL will attempt to answer these questions. Working with municipal personnel directors and finance officers, the League will study the effects of state-mandated health insurance or self-insurance coverages on municipal expenditures and the ability of municipal employees to afford dependent coverages. PANEL WILL STUDY AFFORDABLE HOUSING Senate Bill 1852, as passed by the 1997 legislature, amends Chapter 2306 of the Government Code by creating the Texas Affordable Housing Task Force (TAHTF), which shall be composed of 11 members appointed by the Governor. The task force must include: l. one person representing home builders; 2. one person representing the apartment industry; 7 3. one person representing land developers; 4. one person representing cities with a population over 20,000; 5. one person representing cities with a population under 20,000; 6. one person representing the lending industry; 7. one person representing building code officials; 8. one person representing public housing authorities; 9. one person representing community housing development organizations; 10. one person who is a low-income housing resident; and 11. one person representing the general public. The Director of the Texas Department of Housing and Community Affairs will serve as an ex ofcio member. The Task Force will evaluate policies that increase the cost of housing, create barriers to affordable housing, or limit the availability of such housing. The Task Force will issue a report no later than December 31, 1998. The report will: 1. identify regulations and policies that unnecessarily increase the cost of housing; and 2. make recommendations to revise those regulations or policies. S.B. 1852 was promoted by the Texas Association of Builders. There is no doubt that this study of affordable housing is, at least in part, based on the assumption that to the extent there is a housing affordability problem in Texas, it is caused by municipal codes and regulations. In fact, S.B. 1852 specifically requires the TAHTF to evaluate zoning provisions, impact fees, permitting processes, restrictions on manufactured housing, building codes, and other municipal policies. Obviously, the recommendations of the T AHTF can be extremely dangerous. The League staff, will monitor the Task Force and will keep you informed. VOLUNTEERS WANTED FOR LEGISLATIVE POLICY DEVELOPMENT Although the 1997 legislative session is still fresh in our memory, preparations for the 1999 session will begin long before the end of this year. The League's preparations for the next legislative session center around the work of five legislative policy committees. Those committees and a representative sample of the kinds of issues each considers are listed below. Community and Economic Development -- annexation, economic development authority, zoning, private property rights, substandard buildings, housing. Finance and Administration - taxation, appraisal practices, purchasing, contracts, open meetings/open records, elections. Personnel -- civil service, collective bargaining, retirement issues, unemployment compensation, workers' compensation. Public Safety -- fire protection, criminal justice, animal control, EINiS, law enforcement, court fees. 8 Utilities and Environment -- water quality, solid waste, environmental mandates, electric utilities, pollution control. The League's policy development process and schedule is as follows. December 1997 - policy committee officers are appointed. January 1998 - policy committee members are appointed. January-February 1998 - five background briefing books, one for each of the committees, will be prepared by the TML staff. These books will summarize relevant issues which each committee may want to consider. March 1998 - committees will meet for the first time to discuss issues described in the briefing books, as well as other issues. May-June 1998 - subcommittees (if any) of the legislative policy committees will meet. July-August 1998 - legislative policy committees will meet for the second and final time to prepare their reports. October 1998 - the reports of the legislative policy committees will go forward to the 1998 Resolutions Committee for consideration during the 1998 Annual Conference. The 1998 Resolutions Committee, then, will consider the reports of the five legislative policy committees as well as any resolutions submitted by the membership. October 1998 - the recommendations of the Resolutions Committee will go forward for consideration by the TML membership at the 1998 annual business meeting. December 1998 - the TML Board will finalize the League's 1999 legislative program. If you wish to serve on one of the five legislative policy committees, we ask that you clip (or copy) the form on the last page of this update, complete it and return it no later than November 1, 1997. We welcome your interest and participation. RECENT ATTORNEY GENERAL OPINIONS LO-97-034 -- City Employee as City Councilmember/Candidate. An employee of a municipal fire department may not simultaneously serve as a city commissioner in the same city, but may become a candidate for the position without resigning municipal employment. LO-97-037 -- City Right to Displace Solid Waste Haulers. A city that denies a private solid waste hauler permission to collect waste in an annexed area where the hauler collected waste prior to the annexation does not violate the rights of the hauler under the Texas Constitution, Article I, Section 16, 17, or 19. (4w, LO-97-038 -- Collective Bargaining and Who Can Negotiate. Section 617.002 of the Government Code does not prohibit public sector employers from meeting with representatives of an employee union that does not claim the right to strike to discuss matters affecting employee 9 working conditions. The governing authorities of the political subdivision must retain the right unilaterally to establish employment conditions. LO-97-039 -- Tax Code Does Not Allow Freezing of Tares. Section 11.24 of the Tax Code, which authorizes taxing units to exempt from taxation part or all of the assessed value of a historic site, does not permit a freeze on the amount of takes payable on a historic site as of the date the exemption was granted or any other date, but it does permit the exemption of a specific percentage of the assessed value of the property or a fixed dollar portion of the assessed value. LO-97-040 -- Health Insurance for Survivors of Deceased Public Safety Officers. If the Employees Retirement System (ERS) of Texas determines that a survivor of a deceased public safety officer is entitled to receive cash assistance benefits pursuant to Government Code Chapter 615, the survivor is entitled to purchase continued health benefits from the local government that employed the officer. A local government may conditionally provide health insurance benefits to a survivor. If the ERS later determines that the survivor is ineligible for benefits, the benefits may be discontinued. A local government may charge an eligible survivor the insurance coverage rate charged for dependents of current employees. LO-97-043 -- City Licensing of Persons Exempt from State Licensing. Persons exempted by state law from licensing requirements for air conditioning and refrigeration maintenance (Article 8861, Section 6(a)(2), V.T.C.S.) are also exempted from any municipal licensing requirement related to this activity. LO-97-046 -- Application of Plumbing License Law to CiLv Employees. City employees are precluded from performing plumbing work unless they are licensed under the Plumbing License Law or are exempt from licensure under that act. Article 111, Section 52(a) of the Texas Constitution does not preclude a city from performing services that are necessary for the direct accomplishment of a legitimate public purpose and only incidentally benefit private interests. LO-97-055 -- Enforcement of Ordinance in City ET.J. The City of Wylie must define or declare an activity to be a nuisance before it can enforce a city ordinance outside city limits pursuant to Local Government Code Section 217.042. Local Government Code Section 352.001, which authorizes a county commissioners court to contract with a city for the provision of fire protection services in unincorporated areas of the county, does not authorize a city to enforce its fire code in areas of the county (outside city limits) in which the city provides fire protection services, nor does it authorize a city to issue or deny outdoor burning permits in the areas. TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. u s tochallenge ne r ss o w l 2AV ea� SAN MCPAESS-Ne—WS If a lawmaker or public official 'I wo 3cate press associations ASSOCIATED PRESS . _ , im? is involved in a traffic accident have hired a law firm to challenge At,STIN — Texas legislators. ar where there are questionable c:r a new law that will restrict access guing they needed ro keep ambt, cumstances. we .could have no%cad to traffic accident repots. the lance chasing chiropractors ar.c of knowing that :he incident ever president of the Texas Press As_o- lawvers from tracking down inlur occurred." said Nf.J Niccn.-o. ctation said. spokesmar for the Texas Dati; Rollie Hyde., -.vho also is p, ed victims through tra,::c act: Newspaper Assoc:ation. er of the Plai'nvtew Dadv dent reports. passed a bill that op- en government advocates sap goes "To exempt the public from that said TPA and the TD`A too far. information is in itself a tragedy." hired George. Donaldson and Ford he said. to represent the state's news- 10 r , paper, T',e au;tom. ;au :rr^ soe. But lawmakers contended that c:ai:zes :n First Arnendment ;- sw)me chiropractors, lawyers and sue, automotive repair shops were lu- JL -e ,ssuc:at:uns «t(1 i.:e a c:as;. eating Victims to solicit business. That bL2 was vetoed by Bush. act:ur. :a %surt .%:tn n ;« , .cee�s. Su they took Steps to bring Texas rho said Lhe measure was too ne sa.c into compliance with federal pr:- broad and undWv restricts access La,.% rakers ac:.:a:i% pas.,ec ace•laws. rn information of legitimate inter. olds _"use the recurs; c ne ..s, A bill by Rep. Toby Goodman. R- est to the;ederal public." eu,ec T. Go% 3-;.7 Arlington, proposed that an,une Bat Gnodman's bill was attached Bet �uriaced a;atn. asked r.; > seeking access to a traffic acct- as an amendment to another meas. other :e;tslation as an amens dent report would have to know the ure. sponsored by Sen. Mike Nlon. ment. and that one became;a,.% name of at least one of the people cr;ef. D-Fort Worth, and that be- fr. 'he past. traffic accident re- molved in the wreck. as well as came law It takes effect Sept.1. pOrrs eot by law enforcement he date or location of the acc;- %. ero completer, open to the oub- dent. i1c or show financial responsibility of at least 5100,000 to New state laws cover damages that could result if the "dangerous" dog causes bodily injury to a person, but animal control officer Sh ighten annon Barlow said the insurance stipulation is not new. t noose if proof of insurance is not shown after 30 days, the court can order the seizure of the animal,and the owner is responsible for impoundment costs. If proof is not provid- on dogs that bite M before the I Ith day after seizure, the dog could be ordered destroyed by By KICKY QEOR(3E AMU Ml IN "7 bM court.Ne Groue• raw says a dog may be rvews Stall Wnte� damIt.d dangerous only after an in- Criminals sometimes get "three strikes" with the legal vestigatton. McGee said officials will system, but dogs that bite may get only one chance after not melce•a ruling strictly based on the Sept l dog's breed, but also based on the an- A law passed in the last state legislative session will al- imal's behavior and disposition. low local officials to order the destruction of dogs that An owner's failure to comply with cause serious bodily harm to a person, even if the dog was the law could lead to a Class C misde- provoked to bite. Under current legislation, only an ani- meanor charge. McGee said. mal that kills someone is required to be destroyed. McGee said he doesn't recall any The new law, which goes into effect Sept. 1,does have deaths from dog bites in Amarillo in exceptions. the last 14 or 15 years, but Animal Officials may not order a dog destroyed if: Control handles about two dangerous • the attack happened in the dog's enclosure, and the dog petitions filed by citizens per enclosure could reasonably contain the animal; year, he said. The 21-member staff of • the bite victim was at least 8 years old and was tres- Animal Control will be able to en- passing in the enclosure; force the new rules, McGee said. • the victim was younger than 8, but the enclosure Mail carriers traditionally are reasonably should have kept the child out. among those at high risk for dog Police dogs are exempt if they inflict an injury during bites. Wayne Morris, supervisor of police work. customer service for the U.S. Postal The law also expands jurisdiction of municipal courts Service in Amarillo, said he and other to obtain warrants for seizure and destruction of animals postal officials were not aware of the in certain cases, said Mike McGee, director of Animal changes in the dog-bite laws. ` Control for the city of Amarillo. "I'm sure it will help." he said of "The way the old law was written, the municipal the law. court's hands were tied to some degree," McGee said. Morris said he did not know how "They've cut a lot of work and man hours out of getting a many carriers reported beingbit this seizure warrant." year in Amarill ut some carriers in Another section of the law stipulates that people who previous years have been permanent) own dogs deemed "dangerous" by animal control author- Y disabled and had to change to other ities have 30 days from notification to register their dogs with local animal control officials. types of postal jobs. The owners of "dangerous" dogs also must provide At least one person in Amarillo (a." proof of liability insurance, and must restrain the dogs at was forced stop working completely all times. because of a dog-bite injury, Moms The law says the owner must obtain liability insurance said. 11 Yes, I'd like to serve! Name: City: Position Held: I'd like to serve on the following legislative policy committee: (1 st choice) (2nd choice) 3rd choice Please complete and return no later than November 1 1997 to: Frank Sturzl Texas Municipal League 1821 Rutherford Lane, Suite 400 Austin, Texas 78754-5128 Fax: 512 719-6390 Executive Director-Frank Sturzl General Counsel-Susan Horton Director of Legislative Services-Shanna Igo Legislative Associate-Lance Lively For further information contact the TML Legislative Services Department, 1821 Rutherford Lane, Suite 400, Austin, Texas 78754-5128; (512) 719-6300, Fax (512) 719-6390 O� O� r, Q� a N N p., a 00 a� V y L a y `noN � o w v V O � aN � N • i � a'w y �' `� p, A. � .Y z � E G E 3 c .E E 7 ]nr- JE zg °. U �Ez o c ° � 88Ug ¢ oo � t}, O U tr: � cl cn W s .J z E y ,c ^ ❑ y Qj C �- E i F E E Y rn b4 y x E U L ^i; :c L C Zi O .cz t O " t mO ¢ g � QV 51 OL oho W g a g w Q City of Southlake Ca Blood Drive The City of Southlake will have its annual blood drive on September 3 from 8:00 a.m. to 12:00 noon in the Fire Bay at City Hall. Sign-up now for you opportunity to Give and Let Live. BUT why should you give blood? If the City has at least 20 donors, it will maintain its membership in the Family Life Plan. BUT why should you care about this. `r..- As a member of the Family Life Plan, one donation annually covers donors and their immediate families for all blood center fees on all blood used. WHO is covered under the Life Plan? Blood used anywhere in the Fort Worth-Dallas Metroplex is covered under Life Plans through reciprocal agreements with area blood banks. Life Plans cover: • Donors and their immediate families; or • Another family designated by the donor; or • Two (2) additional persons designated at the time of donation by single donors in lieu of i family. If you want to sign-up to give blood, fill out the form below and forward it to Kristin Pitzinger in Human Resources by Friday, August 22. If you have any questions, feel free to contact Kristin at ext. 836. More information will be sent after you sign-up. -------------------------------------------------------------------------------------------------------- Name Dept. Extension Preferred Appointment Time (Between 8:00 a.m. and Noon) city manager's report �SPIH �► (owe Ai August 29, 1997 Water Tank City Council Meeting Dedication September 2, 1997 September 10 The following items will be addressed at the regular • 9:30 a.m. City Council meeting on September 2, 1997. Consent Agenda: 1) Commercial Developer Agreement for Miron Addition (#8) A ceremony to dedicate the 2) Authorize the Mayor to execute a concurrence contract for sanitary sewer new water storage tank at improvements on a sewer line extension from S-2 sewer trunk line to serve Sutton Pearson and F.M. 1709 will be Place. held 9:30 a.m. on Wednesday, 3) Authorization to advertise for bids for intersection improvements on State September 10. City Officials Highway 26 and South Kimball Avenue will be present for the Ordinances, second readings, public hearings, and related items: dedication and light 1) Ord. No. 480-247 Rezoning for Solana refreshments will be served. 2) Ord. No. 686 Annual Budget for FY 97-98 3) Public Hearing on the Tax Rate 4) Ord. No. 685 Tax Levy Ordinance 5) ZA 97-023 Site Plan for Chevron, Village Center (#4) 4( th Anniversary 6) Res. No. 97-049 Specific Use Permit for sale of packaged beer at Chevron (#4) Finale 7) Ord. No. 480-251 Rezoning (0-1) located approx. 300' east of the 2400 block of Crooked Lane. (#7) 8) Ord. No. 480-252 Rezoning (SF-20A) and Concept Plan for Wilmington Court at the Northwest comer of White Chapel and West.Continental (#14) Plans for September 27, 9) ZA 97-089 Site Plan for Oakmont Plaza at the intersection of Diamond and FM include a ground breaking 1709 (#10) ceremony, a buffet dinner,. 10) Ord. No. 682 Designating a contiguous area as a Reinvestment Zone Ordinances, ru-st readings, and related items: catered by Mi Cocina (one of 1) Ord. No. 480-253 Rezoning (SF-lA) for Brock Addition (#15) the restaurants committed to 2) ZA 97-094 Plat Revision for Brock Addition (#15) Town Square), an entertaining 3) Ord. No. 480-254 Rezoning (SF-IA) for the O. W. Knight Survey, located at presentation on Southlake the Northeast comer of the intersection of Lilac Lane and Pine Drive (#10) history, and the Lake Cities 4) ZA 97-104 Plat Showing for lots 7 & 8 in the O. W. Knight Survey (#10) 5) ZA 97-105 Revised Preliminary Plat for Timarron, Wyndsor Grove (#9) Band providing music the 6) Ord. No. 480-255 Rezoning (0-1) for 710 S. Kimball Ave. (#7) remainder of the evening. 7) Ord. No. 480-256 Rezoning (CS) and Revised Concept Plan for Saint Laurence Commemorative Bricks, Episcopal Church at 529 North Kimball (#6) inscribed with the buyer's 8) ZA 97-110 Plat Revision for Saint Laurence Episcopal Church (#6) name, will be sold for $40, and 9) Ord. No. 677 Calling a Special Election to be held on November 4, 1997 commemorative T-shirts for Resolutions: $10. Proceeds benefit the 1) Res. No 9740 Establishing the procedures for a Special Election called by the Senior Activity Center and the City Council for November 4, 1997 Carroll Education Foundation. Other items for consideration: 1) Request for variance to the Sign Ordinance for Southlake Town Center 'eservations are limited to Other items for discussion: 1) Impervious Coverage the first 500 persons. 2) Neighborhood Sewer Program 3) Court of Record, setting terms and qualifications for municipal court judge Upcoming Af Development Meetin s � Activity g 1EC SPIN�� This information is from a working eAmeO A staff document. To confirm, call 481-5581 ext. 744. September 2 1997 City Council Meeting 7:00 p.m. Council Chamber Leadership Summit Update P&Z Meeting - September 4 September 3. 1997 Youth Action Commission 97-198 Revised Site Plan, 6:30 p.m. White's Chapel Letters of invitation were Carroll High School (#14) mailed this week to 97-111 Zoning, Keene Add. September 4. 1997 representatives from 20 (#11) Planning & Zoning different organizations 97-113 Final Plat, Wilmington 7:00 p.m. Council Chamber throughout the community to Court (#14) SPIN#10/Diamond Circle participate in the upcoming 97 -117 Preliminary Plat 7:00 p.m. White Chapel Rm. Leadership Summit Medlin Survey (#1) 97-114 Final Plat, Cornerstone The Leadership Summit is Business Park (#7) planned to be held from 3:00 97-115 Zoning/Concept Plan, BLOOD DRIVE p.m. to 5:00 p.m. at Carroll City Elevated Tank (#8) High School Auditorium. The 97-116 Zoning/Concept Plan Summit is open to the public City Ground Storage Tank (oil The City of and more information will be 97-117 Preliminary Plat, 2 lots Southlake forthcoming. in Medlin Survey (#1) will have its 97-118 Zoning/Concept Plan, v Senior Center (#9) annual blood 97-119 Final Plat, Carroll ISD VP drive on No 2 Addition September 3 97-120 Final Plat, City from 8:00 - eeautifv� Municipal Complex (#4, #8) 12:00 noon 97-081 Site Plan, Commerce in the Fire KSB Update Square (#7) Bay at City Hall. Call The "100 for $100 " campaign 481-5581 ext. 837 to sign has generated over $6,000 Historical Society up for a time to donate. since June 23. Several local Resumes Activity businesses and individuals have ` � offered supplies and volunteer Q� The Southlake Historical 44 support for the project. A GfS Society is ready to begin their contractor has been selected fall schedule. The first emule and a start date is being meeting will be September 15, t determined. Once construction at the Lodge in Bicentennial „ r begins, the project will take park. approximately two months to complete. i City of Southlake,Texas i I I CITY COUNCIL BRIEFING FROM STAFF: TUESDAY, SEPTEMBER 2, 1997 LOCATION: Administration Building, Conference Room 1725 East Southlake Boulevard, Southlake, Texas I I TIME: 11:30 A.M. i AGENDA I 1. Development issues. I 2. City Council agenda items. i CERTIFICATE I I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, Southlake, Texas, and Administrative Offices, 1725 East Southlake Boulevard, Southlake, Texas, on Friday, August 29, 1997 at 7:00 p.m. pursuant to the Texas Government Code, Chapter 551. NO Sandra L. LeGrand m c City Secretary * ,��►` If you plan to attend this public briefing' a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481-5581 extension 704, and reasonable accommodations will be made to assist you. I � i I DRAFT SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT Plan and Budget Adopted September 1997 INTRODUCTION The City of Southlake finds itself contending with significant growth bringing unprecedented demands for a wide range of city and public safety/police services. Southlake has historically maintained one of the lowest per-capita crime rates of the area. However, growth inhibits the ability to continue the level of service the Department of Public Safety and the community desires, unless adequate steps are taken in conjunction with that growth. The City of Southlake incorporated in 1956, and remained primarily a rural community until 1990 when the development of public infrastructure spurred growth in this small city. Today, the City of Southlake has emerged as one of the fastest growing communities in the Dallas/Fort Worth area and Texas. From 1990-1997, Southlake led the area in population growth, with more than a 100 percent increase from 7,082 to 16,750 residents. In 1996, commercial retail growth began in earnest, changing the face of the community significantly and presenting new concerns, including issues dealing with public safety, as this "sleepy" residential town began to develop economically. This growth has posed many challenges to both city officials and residents. Elected officials must constantly balance a multitude of priorities and demnds as they contemplate use of limited city resources to provide services in a growing city. These demands include meeting infrastructure needs, managing traffic problems, and providing a safe environment, among others. The rapid growth of any city has the potential to seriously compromise the quality of life for residents if proper steps are not taken to ensure that the growth is well managed. (40." 1 DRAFT Paramount among growth issues is that of public safety. Providing a safe environment is critical to the continued economic and social vitality of the city. The cost of providing these services includes items such as personnel, capital project funding, equipment acquisition, training and development, and others. As the city has grown and responsibilities of the Department have increased, these costs have also grown. The majority of the service indicators for Southlake's Department of Public Safety Police Services Division show steady increases over the last three years, as shown below: Service Indicator 1994-95 1995-96 1996-97 est Alarm Calls 2221 2866 2805 Traffic Accidents (Total) 308 457 540 Citations Issued 9814 9614 13656 Arrests 580 792 834 Part I Crimes 304 379 396 Burglaries 147 81 78 Cases Assigned for Investigation 656 699 1029 Cases Cleared 458 550 807 LEGISLATIVE AUTHORITY During the 1989 Texas Legislative session, legislation was passed giving Tarrant County =` the ability to call an election to create a crime control distri€t withinthc�county. The original legislation was bracketed specifically for Tarrant County. During the 1993 session, HB22 was introduced containing amendments to the original legislation that eliminated the exclusive bracket for Tarrant County and allowed other counties with population of 130,000 or more persons to call an election to create a crime control district within their jurisdictions. During the (4w 2 DRAFT course of this legislative process, HB22 was amended to allow certain municipalities located in counties where the county population was one million or more to also have the ability to create crime control districts. Therefore, cities in Bexar, Dallas, Harris, and Tarrant Counties are eligible to the extent that they do not exceed the legislative cap on sales tax collections, which is currently set at 8.25 percent. The legislation provides for the establishment of a local crime control and prevention district for a period of five years. Continuation of the district must be reestablished at the end of this term by referendum. If such a referendum is not called, the district automatically sunsets, or terminates, and the sales tax ceases to be collected. The City of Southlake began considering the creation of a crime control and prevention district in late 1996, as a means of funding much needed public safety facilities and equipment, thereby enhancing community safety. The tax will allow those funding costs to be shared with end money in Southlake. The temporary board of directors was formed in non-residents who spend y p �' February 1997 to develop a plan and budget for the proposed district. FUNDING AVAILABILITY When considering the possibility of implementing a crimescontrol and prevention district for the City of Southlake, the Board examined historical sales tax--data and discussed anticipated commercial retail growth and its impact on collections. One source of information is the Southlake Park Development Corporation(SPDC) which operates with funds from a half cent sales tax which was levied in May 1994. The 1996-97 budget for the SPDC estimated that $923,000 would be collected for the fiscal year. This projection has since been revised to a total 3 DRAFT of$1,357,500. Exhibit A illustrates the historical collection of SPDC sales tax revenues since collection began. Projections for the two-year planning period for the proposed Southlake Crime Control and Prevention District, however, anticipate increased revenues which will be generated through the additional commercial retail establishments recently opened or slated to open in the city during the next two fiscal years. These businesses include Home Depot, PetsMart, and businesses locating in Phase I of Southlake Towne Center, among others. Exhibit B shows that projected half cent sales tax revenues through the two year planning period will exceed $2.2 million. Staff has projected that the initial five year life of the District, the half cent sales tax could generate approximately $9 million. STRATEGIES / EVALUATION DESIGN Legislative requirements for a proposed crime control and prevention district include the identification of strategies for addressing public safety and the inclusion of mandatory evaluations of the effectiveness and efficiency of each strategy. This process is one which builds accountability within the program, assuring voters that their funds are being expended appropriately. The board of directors for the district will be responsible for monitoring the implementation of the strategies and evaluating their effectiveness, _ When considering initial objectives for Southlake's district,-the--temporary board established the following: ► Provide funding for land acquisition and facility construction as the highest priority ► Provide funding for large scale equipment(technology)purchases ► Support policing initiatives not sustainable through the traditional budget process 4 DRAFT ► Implement only programs and purchases that can reasonably be sustained, or eliminated, if the tax is not reapproved in five years. These objectives reflect the board's philosophical approach to funding projects through district funding and were the cornerstone for the establishment of strategies for the proposed district. Strategy One: Enhancing Community Safe-ty Through Modern, Efficient Facilities - This strategy involves the provision of services which promote a safe environment and reduce fear of crime for the residents and businesses of Southlake. Achieving a safer and more secure environment for the community occurs through increased police presence,particularly in neighborhoods, to deter and eliminate crime and to reduce the response time to calls for service. Although the geographical size of the city is large at 23 square miles (the third largest in Tarrant County), police services currently operate out of one location. Police services has been co-located with City Hall for more than two decades. Numerous renovations and expansions have been undertaken over the years, but these changes have done little to relieve the overcrowded conditions in the jail, communications dispatching center, and office areas. Additionally, the segment of City Hall dedicated to police services has poor ventilation and traffic circulation and is not conducive to providing efficient and modern services. In some instances, programs and activities cannot be undertaken because of the lack of space. City management has discussed the need for more appropriate facilities with elected officials on numerous occasions, but the need to add personnel and-Equipment to keep pace with the growth of the city has effectively prohibited the city from pursuing facility options through traditional funding methods. Constructing a new and properly designed police facility will enhance the department's ability to meet the service requirements of Southlake. Benefits derived from a new facility 5 DRAFT include 1) the ability to safely transfer prisoners to the city's temporary holding facility through a sally port, which provides a secure area in which to move prisoners from police vehicles into the booking area, 2) the ability to more effectively monitor processing, interviewing, and booking using up-to-date audio and video recording technology designed to provide maximum coverage for this area of the building, 3) enhanced criminal investigation operations by providing interview areas and adequate offices to ensure maximum victim privacy, safety and comfort, 4) appropriate training facilities to provide for local training, and testing 5) improved communications dispatch areas to improve efficiency and take advantage of the utilization of modern technology, and 6) the inclusion of an emergency operations center(EOC) which currently does not exist. The budget for this strategy includes land acquisition, facility design and construction, and equipment. Please see Exhibit B for a detailed budget for strategy one. This strategy is the highest priority for Southlake Crime Control District Funds. Until this objective is met, the District will pursue other strategies cautiously. The goals for this strategy will progress in sequential order. The first goal is to evaluate and acquire three specific sites from which police, as well as fire and emergency medical services, could be provided based upon the optimum service delivery criteria for public safety operations: primarily rapid responses to emergencies. The central facility will consist of a six to eight acre site on which the primary public safety operations would-function, including communications dispatch, criminal investigations, prisoner holding facilities, EOC, training center, administrative services, and meeting rooms available for use by various city, civic, and public organizations, in conjunction with basic police, fire, and EMS functions. The substation sites provide enhanced response capabilities for basic public safety related operations. 6 DRAFT The second goal is the development of facility designs that are ergonomically sound, as well as functional and aesthetically pleasing. This process will entail visiting other facilities to determine what components best fit the city's needs, both today and in the future. Additionally, the design needs to accommodate for future changes with minimal adverse impact. The actual construction of the facilities in pre-planned increments serves as the third goal. Construction management from time of bids to move-in, must focus on maximizing quality at the least reasonable cost. Stategy Two: Enhancing Community Safety ThroughAh_e_Use_ofJ%o_deim Technology ate, Equipment. - Given the life and death importance of fast, accurate, and clearly understandable information and communications, attention to technology and equipment issues remain critical for effective police performance and officer safety. Computer equipment, communication equipment, vehicles and other equipment are integral for computer aided dispatch,police records management, booking, creme scene search,property/evidence control, and electronic mail, all of which allow officers to maximize time spent fighting crime. A significant number of emergency operations and critical incidents involve a coordinated effort among a variety of city departments, including police services, fire/EMS services, the water division, street division, and others. In such cases, the ability to communicate both within a specific department and across department lines is an integral element of effective operations. Computerized technology continues to expand at an exponential rate. In addition to the need to be able to operate basic data operations, computerization affords an opportunity to minimize duplicity and maximize productivity. For example, technology exists today to permit positive identification of subjects through electronic fingerprint files. The Texas Department of 7 DRAFT Public Safety is initiating drivers licenses with a magnetic strip to permit quick computer access to history and information. Multi-agency interlinks can be established at the local, state and national computer sources to facilitate the identification and tracking of criminals. The traditional manual FBI Uniform Crime Report is being replaced by the Incident Based Reporting System in which computerized statistical data is electronically transmitted to the FBI reporting centers for faster and more accurate reporting details. Agencies improve their opportunity to share criminal intelligence and criminal investigation information between one another through the use of computers. Each of these components permit more effective and efficient police operations. Additionally, attention to changing department needs will necessitate the purchase of additional equipment in the near future. For example, the development of a major park on the north side of the city which will include an extensive trail system will require "non-traditional" patrol vehicles. Technology and equipment must be updated as needed to facilitate efficient service provision. The Department is also anticipating the need for a multi-purpose mobile command and communication center to provide a "rolling" facility for incident command, disaster operations, neighborhood store-front operations, and special events. As noted in Exhibit B, the cost for upgraded technology/equipment for the two year planning period is estimated to be $ The true success of programs involving equipment acquisition are difficult to quantify as there are many positive results which do not specifically lend themselves to numerical measurement. However, there are some identifiable steps and quantifiable components to assist in determining if the fundamental goals and objectives of the program are being achieved. The first measure of success rests in conducting research and evaluation of the specific 8 DRAFT technology profiles to be achieved and equipment specifications. The Department must establish a two year and a five year equipment plan. In doing so, acquisitions are conducted in such a manner as to permit compatibility of the various components, while allowing flexibility for future technology. Acquisition of the equipment in accordance with the plan represents the second measure of success. Southlake's primary focus remains the full conversion to the 800 MHz system to permit intra-departmental and inter-departmental radio communication. Completion of in-house computer networking and upgrading represents the third achievement desired of the program. This phase results in the utilization of E-mail, rapid access to data files and information. Completion of the design and purchase of the mobile command center represents the first phase of its use. Personnel must be trained in the operational systems and implementation process, after which the center would be placed into "active duty" as the measure of success for this goal. StrategyThree: mmunity Safety Through Professional_Dev_elopmeat- The greatest advantage of a professional agency is the ability of its personnel to perform their duties. This is achieved through continual and advanced training of the employee. Professional development involves structuring a program to maintain in-service-training requirements in such a manner that the skills, knowledge and abilities of each individual-remain at peak levels relative to both present and future job assignments. Achievement of this goal is represented through the establishment of a formal professional development program that identifies and fulfills specific objectives. The program consists of career planning and in-service training. Career planning identifies the abilities of 9 DRAFT each individual relative to present and future job assignments, the necessary training in order to perform at peak levels, and completion of specific training programs directed towards achievement of those duties. The in-service training ensures compliance with minimal standards established by law, but goes beyond that level by establishment of continual education and training. Stta_tegy Four: Enhanc-c—Community Safe Through-Sp�cial_Police Initiatiy-es- The Southlake Department of Public Safety desires to establish specific programs within the community that enhance the quality of life. However, the reality remains that such programs do not come without costs, and such initiatives are often set aside for a lack of funding. Utilization of crime control and prevention district revenues affords an opportunity to establish such initiatives. As an example, the City of Southlake encompasses four school districts. One School Resource Officer(SRO) and two D.A.R.E. Officers provide limited services to those schools. Not all of the elementaries are able to receive the D.A.R.E. program and no officers are assigned to any of the middle or intermediate school campuses. In order to address issues of campus safety, student education, and deterrence for drug and gang related activity, the Department has attempted the past two years to institute such a program. However, limited funding has resulted _ in limited implementation of these vital programs. The measure of success of special initiatives is represented in two phases. The first phase is the identification of specific project initiatives to be slated for implementation. This process includes discussions and input from the school districts, the various departments within the city, and neighborhood citizens to clearly establish the specific programs that provide positive and meaningful results. 10 DRAFT The second phase involves the implementation of those programs in accordance with the established plan. CRIME CONTROL AND PREVENTION DISTRICT SUMMARY The crime control and prevention district provides an important funding mechanism for the City of Southlake's Department of Public Safety Police Services Division in order to provide the necessary public safety services, and at the same time permit the non-resident users of those services to share in the costs associated with their provision. As the city grows, it will be necessary to enhance community safety through modern, efficient facilities, through the use of updated technology and equipment, through professional development initiatives, and through special police initiatives. With district funding, residents of this city will not bear the entire financial burden as they do today. It is estimated that the City of Southlake will collect approximately$2.2 million during the first two years of the district's existence. These funds will be used primarily to acquire land for public safety facilities and to construct the facilities as funds permit. As noted in the budget (attached as Exhibit B), $ has been set aside for facility development. Complimentary technology and equipment is also included in the initial budget, which allocates $ for these items. <<NOTE:STAFFAND THE TEMPORARYBOARD ARE-STILL WORKING TO DETERMINE PRIORITIES, WHICH WILL DICTATE HOW FUNDS ARE SPENT DURING THE FIRST TWO YEARS OF THE PROGRAM. BUDGET FIGURES WILL BE FINALIZED AFTER INITIAL DISCUSSION OF THE PLANBUDGET>> A tremendous challenge exists in the ability to provide appropriate public safety services 11 DRAFT to a growing community. The Department of Public Safety remains dedicated to the goal of maintaining a pro-active and community-oriented co-active approach with the utilization of modern technology and innovative programs in those efforts. Both philosophically and realistically, it serves a better interest to plan for the future than to attempt to catch up to the demands. The funding provided through a crime control and prevention district provides an opportunity for the most effective and efficient operations possible. 12 EXHIBIT A PIN R A F T 3 X � o 0 0 0 0 0 0 o a o 0 o a C � U) f� Co O O f� � Co N M (0 cM o O M (0 t` I• 00 CO r CD (o V '-t (A o co M co N m co N M N N N N N •r U O CD co N r r r N N (D M O J CO M N (A (D N f� m O r (D C) '- w a0 L c (D O ti n (o N N N L I C) m � N_ co r p r r (o r ti �. LL >-.O Ef3 � � � M W U U c 0 0 0 0 0 0 0 0 0 0 0 0 0 W c C 00 O r,,� ti CA U) r U) O U) U) r CN O 00 In r O r r r M () M N N N C o N N r M M M U) N O r 'f d r r s (D Iq N ti CD (D N 0) Co h IT O d' 00 Nr =M cM Co 0) co O N O O J [� * O Co U7 qt. 00 OM r N O CA cl� C7 Z O I` f- O N N r (D U) r M C) ti O U) W',(0 co co U) C;) co U) O ti 00 r m r LO O CA Q (!3 0 \ \ \ 0 0 0 0 0 �.Ol 0 0 0 0 0 0 0 d NO- r_ r 00 (0 f- r (o cM 00 O O OR O O M IT � (D O N U) � IT M O IT (V O o NT r U) V It M U) M M M N r U N r F- �t co ti r- U) u) (o rn v d Z U) J U) 00 00 M co r Co LO O CC) U) W W C Q Q' Co Cl O O r1 (D U) CA (D r O r CM 2 :D 2 V Q 0) U) r C) 1- 00 st (0 Q) (D ao O W N �- EA U) U) U) CO U) Op cD CO <L O J C W W W W C C`9 N N (`0 C`d r fl- (0 00 r- U7 CON N O O OM 6 r 00 Y C C C C C C C M M 14' 00 0)< W o _J a Q LO CA N M ti O (D _' _'d' f� M N r W (n J ti N � C) O C) LO N O O U) Q Vcr- to CA O (C 00 O M r O (O L P- Q M (D eM ti M `7 C) IT (o U) W ICT N M M N it [f 'It (D LO r O U) C (U m -- m m (0 CO N Ctf (U '� N CC m CO - C C C C C C C C C C C C C 0 O O O O'`' O 0 O Ul) 00 tom O Co Efl r C " V Q N N � N t� C W M LL } O CD N 0 m N N _ +� J Z O (V N j L U - a; Q .. > c) c >• >. rn a 2 O Z 0 L CD 0 a) Q -�i Q 13 EXHIBIT B-1 DRAFT _3 N_ (aw, G f Y. O O O O O O O O O O O O O R Z C C) O O O O O O O O O O O O 06 00 co 00 m 00 00 00 00 00 co 00 co j O N to 0 co c- I- tO co en m J j O 00 tO co " to O r- 00 co N [� v r- tO (Q (O (D - M' N v: t` e o0 � C a Q a m C) co of C) ti (n C) (D v 19t W O O r � m co M_ N co �- O (D L to L } 5. EA 6H 69 6 6% (f� V 6H � 6NH 0 cli C o 0 0 0 0 0 0 0 -0-0 0 0 0 _ O O O O O O O O O O O O O 0 00 00 co 00 00 00 00 00 00 co 00 00 00 o It N co 'r co v' co ''r I". 00 IT ''. 'O e- N r` tO r� N N v 'T O O N to .- J C (D O T- � v_ O 'ct N T- t` a O m v LO m in (D r-- O: 00 CO (D co U) a Q (D v N O N m 00 co(D (D t` W cU W CA N N N t- 6-? 69 6H 63 69 69 64 6-t E9 64 We N Z W W H w W 0 0 0 0 0 0 0 -0-0 Ww N C O O O O O O O O O O O O O 'R co co 00 00 00 00 00 00 00 co 00 00 00 OCD D Co m (D O 00 � (h N tO t O 1` 00 a t J 00 00 co cM N co I- V- N co (D N W W U a Q< CA N tO r. V- O (O N O O (C CD Y J C-) a (A m N 0 (V U) 0O 0) (0 �- (D N a s N co W o) st N C) V- t T- (- to O N 00 v V- C) V- q 0) r- � � 03 N00 2 U) oo �" � (� V,� 69 69� 6% 69 E9 V) V 6F3 r- � U (n 64 o 0 0 0 0 0 U) C O O O O O N O Q C C C C C C C N J a o (D f` ItT C) tO 0) (D r` (D 00 N � tO N 00 r- 00 r- N ti (D 00 0) 00 N U O Q Q N C) 0) N O v: 00 v_ 00 v (D 0) N 0) V) tO e- O C7 (O M ` N e v' v r - 0) V- CO (D co (� (U W 00 s- e- EA r E9 6% T- � T- �- �- U') W } O 69 6R ER Ef3 69 ER 6F} 6R e- EF} C m m fC m cN (0 m fC (0 m (0 (0 m -= C C C C C C C C C C C C C 0 O 0 O N N `= m a0 O O O„ p_ 69 6R ER EA (A 'i EA 6R M Cam:_ s- tT O Q00N N N tO a rn O (D (OD LL 69 64 6i} 6) 613 d N N N m E J .. O 'o a0i a � (0 U m � '' cm ate) O p N 2 O z U- a -'� a co H 14 EXHIBIT B-2 DRAFT SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT Land Acquisition Costs: Site 1 Central Facility- Est. 6-8 acres @ $1.75 sf $ 609,000 Site 2 Sub-station -Est. 3 acres @ $3.5 sf $ 456,750 Site 3 Sub-station - Est. 3 acres @ #3.5 sf $ 456,750 Building Design and Construction Costs: Site 1 Central Facility-Estimated 55,736 sq.ft. @ $145 $ 8,081,720 Site 2 Sub-station -Estimated 12,000 sq.ft. @ $140 $ 1,680,000 Site 3 Sub-station-Estimated 12,000 sq.ft. @ $ 140 $ 1,680,000 Furnishings(based on est of 10% of project cost) $ 1,144,172 Equipment: Three network servers with software and wiring $ 49,854 One RF network transmitter server for WAN -3 27,500 Handheld computers - $_0-5,000 Upgrades to existing computers $ 45,000 Software/Licenses $ 15,000 Three emergency generator systems 2@ $25K/ 1@ $75K $ 125,000 Three UPS units @ $20,000 $ 60,000 15 DRAFT 800 MHz radio $ 427,241 Mobile Command Center $ 150,000 Two Equipped Police Patrol Vehicles @ $53,767 $ 107,534 Personnel: Two School Resource Officers @ 35,920 $ 71,840 Uniforms and Equipment for SRO @ 4,200 $ 8,400 16 STEPS IN THE ADOPTION OF A CREWE CONTROL DISTRICT DATE TASK GROUP Feb 4 Adopt Resolution Appt Temp Board City Council June, July Staff Analysis Staff Aug 5 Discussion--District Issues Temp Board Aug 19 Discussion--District Issues Temp Board Aug 29 Plan and Budget Ready for Packet Staff Sep 2 Discussion Item: Crime Control Plan and Budget Temp Board Sep 5, 6 Publish notice of hearing (no later than 1 o days before) Temporary Board Sep 16 Hold a public hearing Temporary Board Sep 16 Adopt a budget and plan (by majority) Temporary Board Sep 16 Order election date Temporary Board Sep 30 Publish first election notice (35 days before election) Oct 7 Publish second election notice (2nd consecutive week) Nov 4 Hold election (not less than 35 days or more than 60 days after election ordered) Nov 11 Canvass election (2-13 days) Temporary Board Nov 6 thru 17th Nov 18 Order district created Temporary Board Nov 18 Appoint permanent board City Council Nov 18 Adopt ordinance and tax, first reading Permanent Board Dec 2 Adopt ordinance and tax, second reading Dec 2 Confirm procedures/ plan of the Temporary Board Permanent Board Dec 2 Repeal exemption for telecommunications Permanent Board Dec 2 Repeal exempt for telecommunications City Council Dec 3 Notice to the State City Council Apr 1 Effective Date of Tax City of Southlake,Texas STUDY GROUP AGENDA Thursday, September 4. 1997 at 9:00 a.m. Location: Administration Building Mayor's Office 1725 East Southlake Boulevard, Southlake, Texas AGENDA 1. Discussion: Impervious Coverage; Lighting Standards; Residential Adjacency Regulations; City Initiated Rezoning; and, Yard Frontage Issues. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue and the Administrative Offices, 1725 East Southlake Boulevard, Southlake, Texas, on Friday, August 39, 1997 at 6:00 p.m., pursuant to the Texas Government Code, Section 551. Vol Sandra L. LeGrand o -� City Secretary If you plan to attend this public mee tr1 and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481-5581 extension 704, and reasonable accommodations will be made to assist you. D:I WP-FILESIAGENDASI STUDY-GR.WPD City of Southlake, Texas MEMORANDUM August 29, 1997 I I i TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead,Director of Public Works SUBJECT: Commercial Developer Agreement for Miron Addition Located 2,600 Ft.West of the Intersection E. Southlake Blvd. (F.M. 1709) and Kimball Ave., on the South Side of E. Southlake Blvd. (F.M. 1709) Background The Commercial Developer Agreement for Miron Addition is attached. The usual requirements for performance bonds,letter of credit or cash escrow are incorporated in the agreement. There are no modifications to this standard developer agreement. 1) Park Fees Based upon the plat date of this project,the$500 per acre Park Fee is applicable. Comments Please place this on the Regular City,Council Agenda for September 2, 1997 for City Council review and consideration. BW/ls Attachments: Commercial Developer Agreement Plat Exhibit MAW F•FIGES\COM M ERCAM IROMDEV•AOR.M EM 5A-1 MIRON ADDITION COMMERCIAL DEVELOPERS AGREEMENT 09/02/97 An agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the"Developer", of Miron Addition,hereinafter referred to"Addition"to the City of Southlake,Tarrant County,Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to Miron Addition(a commercial development) and to the off--site improvements necessary to support the subdivision. I. CTENE AR< T R Q_1lRF.MENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. If the Developer desires to obtain building permits for the construction of buildings before the Addition is accepted,the Developer will present to the City either a cash escrow, Letter of Credit,performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts,up to the total remaining amounts required for the completion of the subdivision if the Developer fails to complete the work within two (2) years of the signing of this agreement between the City and Developer. All bonds should be approved by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two(2)years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work,nand the City will be named as the beneficiary if the contractors fail to perform any required maintenance. 5A-2 D. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove, which are intended to be public facilities,shall be vested in the City of Southlake, and Developer hereby relinquishes any right,title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire agreement shall occur at such time that City,through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. E. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent(2%) of the cost �..� of water, street,drainage and sanitary sewer facilities,on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade(95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. 5A-3 `..� The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen(15)days written notice, should the Developer fail in this responsibility,the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the subdivision so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas,provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake �- regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. I. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City of Southlake. J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. II. FA . .IT S: A. ON SITE.WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of Miron Addition to the City of Southlake. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City of Southlake requirements,the City will reimburse the Developer for the oversize cost greater than the cost of an 8" 5A-4 line. Additionally,the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. The City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only,to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, the City, and made part of the final plat as approved by the City Council. The developer hereby agrees to fully comply with all EPA requirements relating to the planning,permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS: (if applicable) If applicable,the street construction in the Miron Addition,commercial development of the City of Southlake Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be `�..- prepared by the Developer's engineer and released by the City Engineer. 2. The Developer will be responsible for: a)Instillation and two year operation of street lights;b) Installation of all street signs designating the names of the streets inside the subdivision,said signs to be of a type,size,color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by an engineering study performed by the Director of Public Works. 3. All street improvements will be subject to inspection and approval by the City of Southlake. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this agreement. All water,sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. 5A-5 It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of Miron Addition to the City of Southlake. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs,materials, engineering, permits and Impact Fees. E. EROSION CONTROL: During construction of the subdivision and after the streets have been installed,the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the �..,. Director of Public Works a soil control development plan that will be implemented for this subdivision. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer,the Developer will have seventy-two (72)hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours,the City may cause the soil to be removed either by contract or City forces and place the soil within the subdivision at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the subdivision. F. AMENITIES: .. . .. .... . . . ..... .......... It understood by and between the City and Developer that the Miron Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes,unique landscaping,walls,and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture,pond and lake improvements until such responsibility is turned over to a homeowners association. 5A-6 G. I JSE OF PI JBI,ICRIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting,etc.,for the enhancement of the addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. H. START OF CONSTRI 1CTION: Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds submitted to the City in the name of the City prior to the commencement of any work. 2. At least five (5) sets of construction plans stamped "Released for Construction" by the City Engineer. 3. t All fees required by the City to be paid to the City. 4. The Developer, or Contractor shall furnish to the City a policy of general liability insurance. 5. A Pre-Construction Meeting to be held with all Contractors, major Sub- Contractors,Utilities and appropriate Government Agencies. III. GENERAI.PROVISIONS: A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, 5A-7 EXPERT WITNESSES AND OTHER CONSULTANTS),ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,MAINTENANCE,OCCUPANCY,USE,EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,INVITEES, OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY,ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES,CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection,the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death,to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings bought against the City, its officers, agents, servants or employees, or any of them,on account thereof,to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager,which shall not be unreasonably withheld or delayed. 5A-8 E. On all facilities included in this agreement for which the Developer awards his own construction contract,the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition,the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the agreement shall be completed within two (2)years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES: A. OFF-SITE DRAINAGE: B. OFF-SITE SEWER: C. OFF-SITE WATER: D. PARK FEES: The developer agrees to pay the Park Fee $500 per acre, in accordance with the Subdivision Ordinance No. 483, Section 7.0. There are approximately 4 acres in Miron,Addition which would bring the total cost of Park Fee to $2,000. E. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585. 5A-9 SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: Martin W. Sc elli g By: Title: Trustee/Owner Address: 601 W. Wall St Grapevine, Texas 76051 Date: ATTEST: Notary Public Type or Print Notary Name My Commission Expires CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 5A-10 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C maybe substituted for utility security deposits exceeding$10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2)years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. M:\W P•FILE�ICOM MERCIW IRO V DEV.AGR.W PD �� 5A-11 No Text ` City of Southlake, Texas I MEMORANDUM August 29, 1997 I � TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works Greg Last, Community Development Director SUBJECT: Authorize the Mayor to Execute a Concurrence Contract for the Sanitary Sewer Improvements on a Sewer Line Extension from the S-2 Sewer Trunk Line to Serve Sutton Place, CDBG Project No. B96-UC-48-0001-60-15 i BACKGROUND As part of Tarrant County's Community Development Block Grant (CDBG) program to provide improvements to eligible areas, the County has bid CDBG Project No. B96- UC-48-0001-60-15 to extend a sanitary sewer line from the existing S-2 trunk line to provide sanitary sewer service to residents of Sutton Place. There is an element of confusion regarding this project, related to the provisions for services from the trunk line to the individual homes. The cost estimates that were originally prepared by Cheatham and Associates and presented to Council for authorization included provisions for connection of the homes to the sewer trunk line and backfilling the existing septic tanks. This was specifically confirmed for eligibility with the County who said that the service connections could be covered but it would have to be from a separate fund source other than CDBG. When we had our public meetings with residents of Sutton Place as well as Oak Lane, we told them that the service connections to the house would be covered as well and that there should be no out-of-pocket expenses on their part. Many of them dedicated right-of-way and provided easements at no cost to the city based on their understanding that they would have no costs in the project. It has now come to our attention that the other fund source that the County had discussed is an individual qualifying process for each resident. The problem is that the qualification threshold is different for CDBG funds than it is for individual rehab type funds. Althought the entire subdivision qualified for the CDBG funds, it appears that only 5-7 out of the 27 homes will qualify individually for the sanitary sewer service connections to the homes. Long story short, the County cannot fund approximately 20 of the services through the CDBG grant or through the individual rehab fund due to inability to qualify individually. The County staff and our staff have worked together to estimate the cost of providing the individual services to the homes. The estimate at this point is $51,000 for all of the ss-1 i 1 lots requiring service. There will be a portion of this cost that the County funds can cover due to some (5-7) individuals actually qualifying for the rehab funds. The bids attached due not include the services for the individual homes. In order to accomplish the services, a separate bid will have to be let. The County has said that they would administer the bid process for these services and divide the cost of the project between the County and the City based on those individuals that qualified for County funds and those that do not. We would like to recommend that the Council agree to pay for the services that do not qualify for individual rehab funds from the County. We feel that it is appropriate in this instance because the County funds are covering the majority of the project and the '. City is basically receiving $2 for every $1 spent on the project. Cheatham and Associates has agreed to prepare adequate construction plans to bid the services (at no cost) and the County has agreed to administer the bid letting. The County does need a commitment letter from the City stating that we would cover the costs of those services that do not meet their eligibility requirements. The other issue which is not financial but more of a good faith issue. We told the residents of this area that these services would be covered and they made contributions (easements, ROW, etc.) based on this representations. Although we made these representations based on information we had at the time, which has since changed, we would very much like to live up to our representations. RECONLNiENDATION Low bidder for the project is C.E.. Cook & Sons, Inc., of Roanoake, TX, with a base bid of$113,377.25. This amount is under the total grant amount of$116,500.00. Staff recommends the City concur with the execution of the contract for CDBG Project No. B96-UC-48-0001-60-15 for sanitary sewer improvements providing a sewer line extension from the S-2 sewer trunk line to serve Sutton Place Addition. We further recommend that the City commit to covering the cost of providing the services to the non-qualifying residents of Sutton Place. Please place this item on the September 2, 1997 Regular City Council Agenda for City Council review and consideration. BW & GL cc: Patricia Ward, Tarrant County, CDBG Project Manager Attachments: Letter from Cheatham and Associates Bid Tabulations L:\CTYDOCS'PLBWORKS\CDBG\suttonp.doc 5B-2 • i CHEATHAM AND ,.. ASSOCIATES July 31, 1997 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 'U L 3 1 1r37 667 N. Carroll Avenue Southlake, Texas 76092 DEFT.Or FUDLIC WORM Re: City of Southlake Sewerage System Improvements Project No.B96-UC-48-0001-60-15 C & A Job No. 001-431 Dear Mr. Whitehead: Bids for the referenced project were received on July 30, 1997, at the offices of Tarrant County, Community Development Division. A total of seven(7) construction firms submitted bids as follows: Order of Bids Bidder& Location Total Amount Base Bid 1. C. E. coo $ ,k& Sons Inc. 113 377.25 Roanoke, TX 2. V.J. Strand Construction, Inc. $128,186.00 Southlake, TX 3. Associated Construction Systems, Inc. $130,525.00 Oklahoma City, OK 4. Whitewater Construction, Inc. $139,537.00 Waco, TX 5. Circle H Contractors, Inc. $146,010.00 Midlothian, TX 6. Cullum Pipe Systems, Inc. $152,954.00 Dallas, TX 7. Line One, Inc. $174,931.00 Lewisville, TX As evidenced in the tabulation, the bids ranged from$113,377.25 to high bid amount of $174,931.00. The lowest base bid amount of$113,377.25, submitted by C. E. Cook& Sons, Inc., from Roanoke, Texas, is within the Grant Funds ($116,500.00) available for construction costs. ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southw lanning and Design, Inc. 1601 E. Lamar Blvd. • Suite ' 58-3 Arlington,Texas 76011 817/548-0696 • Metro 265-8836 • Fax 817/265-8532 i (41w, Accordingly,we recommend that the construction contract for the referenced project be awarded to the firm of C. E. Cook& Sons, Inc., of Roanoke Texas, in the stated Total Bid Amount of $113,377.25. This would provide a construction contingency amount of approximately $3,122.75. We have found the C. E. Cook firm to be both reputable and qualified to construct the project. The County CDBG officials have requested the City's concurrence in the above recommendation. We will be ready at any time to answer any questions concerning this matter. We enclose a copy of that bid tabulation for your use. If we can be of further service in this matter or answer any questions,please advise. i Respectfully, dwin A. Apel,P.E. F:\WORD\SOUTHLAK\431\CDBG.bid.vio w/Enclosure: Detailed Bid Tabulation t 58-4 0tntntnootn0000000oa00000 C) tTtnCDtoO — toCho000000000000 �I O roc-) trio ^-, nOtnnNnOOtto0 N O to0tnLn0N0000 m ` ° — M M m to ON � to to to to tC) N _ .,- :, ^� U C C- '-' C--- CO V to CV N v tr (n V) (Ni!fl � ^N N or r! ` '. 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ZO � - U W U Cn G, v L_ � ! _ - F- F- o � ~ ~ o � Z � � � wF- aW 200 � W O ML:j " o '- i9c? 7 -' D `° r o � XwO �(sUa- UN � vOr = V I �- - _ O iD co o (D 00 w (n o w Q o Q u m I I - U o -zzzzzzzz- - - - - - - w � LLJ � W O O o N j OU w � Q wwwwwwww � Q- ZJ 0 (n Q = p � atlaaILaaaw � � cnnU CQZ � � - I - X > C70_ � v - ', ►`r-( - c w U) U) (n U) U) (n cn c^ U) U) > U) (n ¢ Q iD Q z = L- O _ O y Q U) (n (n (n U) 0 U) c � rl � � E U X x O � S mCoc011o*OiDiOioi 5B-6 U vUUbD o cwUU �- i HIP, � NIG7l Or � �I� vI� CDI� a0 C) plcV I j I I _ T City of Southlake, Texas --- MEMORANDUM August 29, 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works I I SUBJECT: Authorization to Advertise for Bids for Intersection Improvements at S.H. 26 and S. Kimball Ave. BACKGROUND j I The Commercial Developers Agreement for Heritage Industrial Park states, "The Developer hereby agrees to improve State Highway 26 at the Continental Drive (now S. Kimball Ave.) intersection. Such improvements will include a) acceleration lane, b) deceleration lane, c) left-turn lane, d) street signalization, e) traffic control devices. The City will reimburse the Developer or its designee one-half of the total construction costs or $111,500 whichever is less for State Highway 26 and E. Continental Blvd. (S. Kimball Ave.) intersection improvements when E. Continental Blvd. is extended from (the existing) S. Kimball Ave. to S.H. 26." Because the City's share of the total is geater than $15,000, the City Attorney recommends that the State requirement for municipal bids be followed. Therefore, even though the City's share of the cost for these improvements will not be paid until S. Kimball Ave is connected as a through street, which may be from one to ten years, the City and Trammel Crow need to publicly advertise and bid this project. The staffs intent is to proceed similarly to the construction of S. Kimball Ave. in Heritage Industrial Park, i.e., bid the project in agreement with Trammel Crow to manage the project. This project is needed to safely accommodate the traffic entering and exiting S. Kimball Ave. at S.H. 26. The first office/warehouse to open in the Business Park is in Southlake. 5C-1 Curtis E. Hawk Intersection Improvements August 29, 1997 Page 2 RECOMMENDATION Staff requests authorization to advertise for bids for intersection improvements at S.H. 26 and S. Kimball Ave. at Heritage Industrial Park. Please place this item on the September 2, 1997 Regular City Council Agenda for City Council review and consideration. BW/cre Attachments: Heritage Industrial Park Commercial Developers Agreement 5C-2 HERITAGE INDUSTRIAL PARK, BLOCK A COMMERCIAL DEVELOPERS AGREEMENT 12/31/96 An agreement between the City of Southlake, Texas, hereinafter referred to as the City, and the undersigned Developer, hereinafter referred to as the Developer, of Heritage Industrial Park, Block A, to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to Heritage Industrial Park, Block A, (a commercial development) and to the off-site improvements necessary to support the subdivision. I. G�NERA�1 JIRRM .NTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts,up to the total remaining amounts required for the completion of the facilities if the Developer fails to complete the work within two (2) years of the signing of this agreement between the City and Developer. All bonds should be approved by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. 5C-3 s - D. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove, which are intended `�•- to be public facilities, shall be vested in the City of Southlake and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. - Acceptance of the facilities for this provision and for the entire agreement shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. E. On all public facilities included in this agreement for which Developer awards his own construction contract, the Developer agrees to the following procedure: 1. The Developer will not be required to pay any inspection fees of the public water, streets, drainage facilities, and sanitary sewer. 2. The Developer will not be required to pay any Administrative Processing Fees for public water, streets, drainage facilities, and sanitary sewer. It is agreed by both the City and the Developer that the City will pay the following testing fees and the Developer will be responsible to pay for all other testing fees required by the City not listed below: a) All nuclear density tests on the roadway subgrade (95% Standard). Trench testing (95% Standard) shall be paid by the Developer; b) All gradation tests required to insure proper cement and/or lime stabilization; c) Technicians time for preparing concrete cylinders; d) Concrete cylinder tests and concrete coring samples. Charges for retesting as a result of failed tests will be paid by the Developer. Fees are payable prior to construction of each phase, based on actual bid construction costs. The Developer will be responsible to pay for all inspection fees when inspection is required by the Developer on Saturday or Sunday. These fees are considered over and above the inspection fee as stated above. Acceptance of the project will not be given until all inspection fees payable by the Developer are paid. 3. To delay connection of buildings to service lines or water mains constructed under this contract until said water mains and-service lines have been completed to the satisfaction of and accepted by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which 5C-4 i i have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility,the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the subdivision so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. s G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. I. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City of Southlake. J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. II. FACTLTTTF. : A. ONIT 0,LTE-LATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Heritage Industrial Park, Block A, to the City of Southlake. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City of Southlake requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DR-kINAGE: Developer hereby agrees to construct the necessary drainage facilities within the 5C-5 addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, the City, and made part of the final plat as approved by the City Council. The developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The City will reimburse the Developer one-third of the total construction cost for all drainage facilities. C. STREETS: 1. If applicable, the street construction in the Heritage Industrial Park,Block A, commercial development of the City of Southlake Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year operation of street lights; b) Installation of all street signs designating the names of the streets inside the subdivision,said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as determined by the Developer's engineer and reviewed by the Public Works Director. 3. All street improvements will be subject to inspection and approval by the City of Southlake. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. 4. The City will reimburse the Developer one-third of the total construction cost for all street facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. 5C-6 D. ONL-SITE SANITARY-SEW-ER FACILITIES: - The Developer hereby agrees to install sanitary sewerage collection facilities to service Block A as shown on the final plat of Heritage Industrial Park, to the City of Southlake. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all 1 construction costs, materials and engineering. ! E. ERQSTON7.ONMOL: During construction of the subdivision and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the subdivision at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the subdivision. F. AMENITIES: It understood by and between the City and Developer that the Heritage Industrial Park, Block A, may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture,pond and lake improvements until such responsibility is turned over to a property owners association. G. USE-OEUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a property owners association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the 5C-7 Developer or the property owners association shall, at their own cost and expense, defend and protect City against all such claims and demands. H. START OF CONST UCTIQN: Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer. 3. All fees required by the City to be paid to the City. 4. Developers Agreement executed. 5. The Developer or Contractor shall furnish to the City a policy of general liability insurance naming the City as co-insured,prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all sub-contractors and suppliers, which will be providing greater than a$1,000 value to Park. III. GENER AT,PROVISIONS: A. ESDYMNIFICA1I0_N DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY ARISING BEFORE THE CITY ACCEPTS THE IMPROVEMENTS, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,MAINTENANCE, OCCUPANCY,USE,EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY; ALL TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, 5C-8 SUBCONTRACTORS, LICENSEES, OR INVITEES. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE i CITY, ITS OFFICERS AND EMPLOYEES, IF AND ONLY IF DEVELOPER'S NEGLIGENCE CONTRIBUTED TO THE DAMAGE, CLAIM, OR LIABILITY. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to t be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, { servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings bought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the_ Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, or Contractor shall furnish the payment and performance 5C-9 bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. IV. OT iER ISST t A. PARK FEES: 1 The developer agrees to pay the Park Fee for Heritage Industrial Park, Block A, of 5500 per acre/lot, in accordance with the Subdivision Ordinance No. 483, Section 7.0. There are approximately 11.054 acres in Heritage Industrial Park, Block A, 1 i which would bring the total cost of Park Fee to $5,527. B. STATE HIGHWAY 26 The Developer hereby agrees to improve State Highway 26 at the Continental Drive intersection. Such improvements will include a) acceleration lane, b) deceleration lane, c) left-turn lane, d) street signalization, e) traffic control devices. The City will reimburse the Developer or its designee one-half of the total construction costs or 5111,500 whichever is less for State Highway 26 and E. Continental Blvd. intersection improvements when E. Continental Blvd. is extended from S. Kimball Ave. to S.H. 26. C. ROADWAY IMPACT FF.E The Developer shall not be responsible to pay the Roadway Impact Fee in accordance with Ordnance No. 657, estimated to be 544,607.92. D. RELMBURSEMENI All amounts required to be paid or reimbursed to the Developer by the City for work performed or improvements made shall be paid within (10) ten days after the work or improvements in question have been completed and approved by the City. 5c-10 SIGNED AND EFFECTIVE on the date last set forth below. DEVELOER:CRLIndustna lopment,L.P_ By: Crow amily,glnc , ts ge ral partner Title: Addr�i S C. }�1.►+dL.(i GAS, V I«i �''C�a� 3200 Trammell Crow Center 2001 Ross Avenue Dallas, Texas 75201 Date: CITY OF SOUTHLAKE, TEXAS By: Ric acy, Mayor ATTEST: G TY Sandra LeGrand, City Secretary G Date: �� a rX3 y``��`��� �uutr+nn sc-i1 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding S 10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. S. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. O.WIEII.EffOM YElC111ElITAOE'OE'•A.il WII 5c-12 y City of Southlake, Texas STAFF REPORT August 29, 1997 i CASE NO: ZA 97-074 PROJECT: Second Reading/Ordinance No. 480-247 Rezoning and Development Plan/Solana STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property described as approximately 485 acres, known as Solana and situated in the U.P. Martin Survey, Abstract No. 1015; T.W. Mann Survey, Abstract No. 1107; the J.B. Martin Survey, Abstract No. 1134; the C.M. Throop Survey, Abstract No. 1510; the W. Medlin Survey, Abstract No. 1958, Tarrant County, Texas; William Pea Survey, Abstract No. 2025, Tarrant County, Texas, the same being Abstract No. 1045, Denton County, Texas; and the J. Henry Survey, Abstract No. 724, Tarrant County, Texas, the same being Abstract No. 528, Denton County, Texas. LOCATION: South and West of State Highway No. 114,East of Precinct Line Road , and North of the Town of Westlake. OWNERS/APPLICANTS: International Business Machines Corporation ("IBM"), Maguire/Thomas Partners-Westlake/Southlake Partnership, and Maguire Partners-Westlake Partnership CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "NR-PUD" Non-Residential Planned Unit Development for a Mixed Use Business Complex, known as Solana, to include the following uses: "0-2"Office District,"C-3"General Commercial District, "B-l"Business Service Park District, "CS" Community Service District and"HC" Hotel District. LAND USE CATEGORY: As yet undetermined CORRIDOR RECOMMENDATION: As yet undetermined NO. NOTICES SENT: Six (6) RESPONSES: None rl �� i . City of Southlake, Texas i P&Z ACTION: June 19, 1997; Approved (7-0) Applicant's request to table until j the July 3, 1997 Planning & Zoning Commission meeting. LI i i July 3, 1997; Approved (7-0) subject to Plan Review Summary No. 1 dated June 27, 1997, with the following amendment: 1) the following "B-1" Business Service Park uses shall be permitted through a Specific Use Permit only: # 7 - Computer manufacture and research; # 9 - Electronic manufacture; #11 - Lithograph, engraving, printing & publishing; #12 - Manufacture of medical and dental equipment; #13 - Manufacture of musical instruments; #16 - Optical instrument and lenses manufacturing; #21 - Scientific &professional instrument manufacturing; #23 - Small parts manufacturing and assembly. COUNCIL ACTION: July 15, 1997; Approved(7-0) subject to Plan Review Summary No. 2 dated July 11, 1997, with the development plan and regulations as presented at the July 15, 1997 City Council meeting, and with the following amendment: 1) grant applicant's request to permit "computer research" without a Specific Use Permit. August 5, 1997; Approved(7-0)Applicant's request to table and to continue the Public Hearing until the August 19, 1997, City Council meeting. August 19, 1997;Approved(5-0)Applicant's request to table and to continue the Public Hearing until the September 2, 1997, City Council meeting. STAFF COMMENTS: The applicant has met all requirements in Plan Review Summary No. 1, dated June 27, 1997, and Plan Review Summary No. 2, dated July 11, 1997, with the exception of those requirements addressed in the attached Plan Review Summary No. 3, dated August 1, 1997. Note that the applicant has complied with all the Commission's recommended manufacturing SDP's, but requests that #7, computer research, be a permitted use and be exempted from the SUP approval process. Please find the attached submittal dated July 11, 1997. The pages numbered "DR" will be incorporated into the final ordinance. L:\WP-FILES\MEMO\97CASES\97-074Z.WPD � cc"), Lij z 0 to LLI -J LLJ J 0 z Lu (n Z x Z Lu 0 co V) LL LL Q. u- CL tn o < C: < en o o z 0 LLI z z Lu < ui co 00 < 0 < z co j. x Z Z Z L4=7 CL SUN Mi A % < eq A. < < < > v N' A, < X eq CC uj >A < > CL z A A 11 A 0 Z N Lu a % s City of Southlake,Texas DEVELOPMENT PLAN REVIEW SUMMARY 'ase No.: ZA 97-074 Review No: Three Date of Review: /g 01/97 Project Name: Development Plan for NR-PUD Zoning of Solana APPLICANT: ENGINEER: Maguire Partners Westlake Partnership Huitt-Zollars. Inc. 9 Village Circle. Suite 500 3131 McKinney Avenue. Suite 600 Roanoke. Texas 76262 Dallas Texas 75204 Phone: 817)430-0303 Phone: (( 1144) 871-3311 Fax: (817)430-8750 Attn: Tom Allen Fax: (214) 871-0757 Attn: Ocie Vest CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/21/97 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF DEVELOPMENT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT. 787. i * The applicant has met the requirements of previous reviews. * No review of proposed signs is intended with this development plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a site plan,landscape plan, irrigation plan,and building plans,must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. * Fire lanes must be approved by the City Fire Department. * Denotes Informational Comment cc: Huitt-Zollars,Inc. Maguire Partners Westlake Partnership LAWP-FILES\RE V\97\97074DP3.WPD 3T 3T llI 'p k S .. 3S: I..�'s# YY�r` 9;rs1 = /i •J(�\/�/ QQQQQQ 1 .Ile v # u i a . '.�.� ' �t�_air� •1, y s ,r i - d > 1 // �. r Vy." m s z v IMF ,k» y d a ,� SOLANA TABLE OF CONTENTS DEVELOPMENT REGULATIONS • PROPOSED LAND USE CATEGORIES PERMITTED USES • DEVELOPMENT STANDARDS (PARCEL A) 1 • DEVELOPMENT STANDARDS (PARCEL B) o DEVELOPMENT PLAN OF SOLANA - s a 2 3s �s REC'o J J L 2 8 1997 �CIL NON-RESIDENTIAL P.U.D. ZONING REQUEST This Non residential P.U.D. Zoning Request (the "zoning request") is made on the 27th day of May 1997 by Maguire/Thomas Partners - Westlake/Southlake Partnership, Maguire Partners Westlake Partnership and International Business Machines Corporation. This zoning request seeks a Non-Residential P.U.D. zoning category for Solana. Solana is a Mixed-Use Business Campus providing diverse land uses to corporate'tenants and their guests since 1988. Solana is only partially complete. Expansion of Solana will occur to existing Solana buildings and on vacant Solana land while maintaining the beautiful Solana Campus concept. This zoning request will address land use categories, development regulation and other requirements which (i) acknowledge the existing building improvements status and (ii) provide for future developments, both within the existing buildings areas and on currently vacant land. PROPOSED LAND USE CATEGORIES The Non-Residential P.U.D. zoning request will divide Solana into two (2) separate parcels and will allow the following land use categories for each: PARCEL A (Location of Existing Improvements) • CS - Community Service District (Sec. 8) • 0-2 Office District (Sec. 19) • C-3 General Commercial District (Sec. 22) • B-1 - Business Service Park District (Sec. 24) • HC - Hotel District (Sec. 28) PARCEL B (Currently Vacant) • CS - Community Service District (Sec.8) • 0-2 - Office District (Sec. 19) • C-3 - General Commercial District (Sec. 22) • B-1 - Business Service Park District (Sec. 24) • HC Hotel District (Sec. 28) 2 DR-2 PERMITTED USES The Non-Residential P.U.D. shall permit those uses defined under the zoning categories identified in this document (as established in the City of Southlake's Comprehensive Zoning Ordinance No. 480, as amended) and shall specifically include those uses described as: • "Permitted Uses' : • 'Accessory Uses" : • 'Specific Use-Permits' :0 • 'Special Exception Uses" • Uses not listed under Zoning Ordinance No. 480 that are similar in nature and/or V have not been defined by current technology shall be subject to approval criteria established in Zoning Ordinance 480, Section 44.4, as amended. V LAND USES There are exceptions to the permitted uses. Those uses identified with a double asterisk (**) shall require a Specific Use Permit (SUP). Sexually oriented businesses will not be permitted. CS - Community Service District I. Permitted Uses - (Abbreviated from Zoning Ordinance) A. , and elementaFy seseRdaFy maheeln B. Higher education institutions C. Museums, libraries, fine arts center, and similar cultural facilities D. Golf courses, parks, playgrounds, community centers and country clubs (No commercially operated miniature golf courses or driving ranges) E. Institutions, rehabilitation and training centers. F. Public safety facilities G. Wility buildings and stmetwFes-- . H. Religious institutions I. City Hall or other municipal office uses DR-3 �� ! O-2 Offiee District ! I. Permitted Uses - (Abbreviated from Zoning Ordinance) A. Any use permitted in the 0-1 Office District 1. Accounting and tax preparation y 2. Adjustment and collection services 3. Advertising agencies 4. Architecture 5. Banking 6. Bill paying services 7. Business corporate headquarters (when used for office purposes only) 8. Business holding and investment services 9. Chamber of Commerce 10. Chiropractors 11. Computer services 12. Consumer and mercantile credit reporting 13. Contractors offices (provided no outside storage or display permitted) 14. Dentists 15. Duplication and mailing services 16. Employment services 17. Engineering 18. Finance 19. Interior design 20. Land surveying 21. Law 22. Management consultants ! 23. Optometrists 24. Other offices of a business and/or professional nature providing services not including the retail sale, fabrication, manufacture or production of goods or merchandise 25. Physicians 26. Podiatrists nL 27. Psychiatrists 28. Psychologists DR-4 ' �Ci C/ . y 29. Radio recording and television broadcasting offices and studios 30. Real estate and insurance 31. Savings and Loan 32. Securities and commodities brokers, dealers, underwriters and exchange offices 33. Stenographic services 34. Title companies ! 35. Travel bureaus or services f 36. Utility offices ' B. Community Facility Uses 1. Public, semi-public and private-parks 2. Recreation and open space 3. Libraries 4. City halls, fire and police stations, and other municipal uses (excluding wastewater treatment facilities, landfills and transfer stations) 5. Other uses of a similar nature and character C. Day nurseries or equivalent child care facilities operated principally for the benefit and service of employees working within the office building or consolidated office complex. 1 - 30 DR-5 C-3 General Commercial District I. Permitted Uses - (Abbreviated from Zoning Ordinance) 1. Any use permitted in the C-1 Neighborhood Commercial District and in the C-2 Local Retail Commercial District (see attached) 2. Auditoriums, theaters and cinemas 3. Cleaning, dyeing and pressing works; laundry and washaterias 4. Coin and stamp shops S. 6. Commercial art galleries 7. Conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses 8. Department stores 9. Dry goods and notion stores 10. Eleetgseises sales, 11. Hardware, paint and wallpaper stores � 12. Hat shops 13. Health and physical fitness centers and gymnasiums 14. Hobby shops 15. Household and office furniture, furnishings and appliances 16. Lodges, sororities and/or fraternities 17. Medical care facilities 18. Mortuaries, funeral homes and undertakers (excluding cemeteries, crematories and mausoleums) 19. Music or record shops 20. Nursery buildings 21. Pet shops 22. Piano stores, musical instruments and supplies 23. 24. Printing, lithographing or duplicating jobs 25. Retail stores, business or shops for custom work :2 26. Skating FiRks, 31 DR-6 7 lj 7 1 27. Taverns, clubs and other comparable establishments which the on-premises iL consumption of alcoholic beverages is permitted subject to issuance of special use permit (excluding sexually oriented businesses) 28. Toy stores 29. Upholstery shops - furniture 30. Variety stores By SUP only B. Accessory Uses 1. Permitted accessory uses shall be in accordance with the C-3 district. In addition, the following accessory uses shall be permitted: a. Outdoor dining and seating areas b. Street 'furniture, urban design fixtures and streetscope ' components i � DR-7 ' C-1 Neighborhood Commercial District I. Permitted Uses - (Abbreviated from Zoning Ordinance) A. Commercial Uses 1. Offices of a business and/or professional nature providing services not including fabrication, manufacture or production of goods 2. Bakeries, provided that the floor area of the bakery operation shall not exceed 2,000 square feet 3. Barber and beauty shops 4. Cleaners, laundries and/or laundromats, provided that the floor area of the business does not exceed 2,500 square feet � 5. 6. Grocery stores and/or meat markets provided that the floor area of the business activity shall not exceed 3,000 square feet 7. Newsstands and/or bookstores provided that the floor area does not exceed 2,500 square feet of space 8. Restaurants, tea rooms and/or take-out food establishments, provided that the floor area of such operation does not exceed 2,000 square feet 9. Tailor, clothing or wearing apparel repair shops to include tailor activities.that create custom made clothing and accessories B. Community Facility Uses 1. Public, semi-public and private parks 2. Recreation and open space 3. Libraries 4. City halls, fire and police stations, and other municipal uses (excluding wastewater treatment facilities, landfills and transfer stations) 5. Other uses of a similar nature and character DR-8 7,1t-13 C-2 Local Retail CommeraWL-Di,atrUct I. Permitted Uses - (Abbreviated from Zoning Ordinance) 1 1. Any use permitted in the 0-1 Office District 3 2. Any use permitted in the C-1 Neighborhood Commercial District 3. Antique Shops 4. Bakeries designed for retail sales rather than wholesale operation 5. Bicycle sales and bicycle repair shops 6. Blueprinting or photostatting 7. Book or stationery stores to include large newsstands 8. Business colleges or private schools for vocational training of office related careers, such as stenographers, executive secretaries, etc. 9. Christmas tree sales beginning one week before Thanksgiving and extending through December 31 st of each calendar year (outdoor display permitted) 10. Cigar or tobacco stores 11. Cleaning, dying and pressing works; laundry and Laundromats, providing that the floor area does no� t exceed three thousand (3,000) square feet for separate or combined uses 12. Confectionery stores 3 13. Custom dress making or millinery shops 14. Dancing schools 15. Day nurseries 16. Delicatessen shops without size limitations 17. Dog and cat hospitals or small animal hospitals 3 18. Drug stores 19. Dry goods and notion stores provided that the floor area of such facility not exceed eight thousand (8,000) square feet 20. Duplicating service, printing, lithography, mimeographing multi-graphing and offset printing, providing that the floor area does not exceed two thousand (2,000) square feet 21. MGM W. 22. Financial institutions ' 23. Florist or gift shops 24. DR-9 i 25. Grocery stores and meat markets 26. Health service facilities 27. Jewelry stores 28. Leather and leather good shops, providing that the floor area does not exceed two thousand (2,000) square feet for separate or combined uses. 29. Optical goods 30. Photographs, portrait or camera shops and photofinishing 31. Radio and television sales and servicing 32. Restaurants, tea rooms, cafeterias, fast food and °take out" food restaurant 33. Shoe repair services 34. Sporting goods, including gun sales and repair 35. Tailor, clothing and wearing apparel shops without size restruction 36. , 37. Variety stores, provided that the floor area of such facility does not exceed ten thousand (10,000) square feet s DR-10 B-1 Business Service Park District I. Permitted Uses - (Abbreviated from Zoning Ordinance) A. Office and Commercial Uses 1. Any use permitted in 0-1 District # 2. Administrative, executive or editorial offices for industrial organizations 3. 4. Banks 5. Barber and beauty shops 6. Book and stationery stores *** 7. Computer manufacture and research 7a. Day nurseries or equivalent child care facilities operated principally for the benefit and service of employees working within,the office building or consolidated office complex � 8. ** 9. Electronic manufacture 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 ** 16. Optical instrument and lenses manufacturing S 17. Private schools ' 18. Professional/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 20. Retail uses which are reasonably related to the principal uses within the structure S ** 21. Scientific and professional instrument manufacturing 22. Security guard quarters (excluding living quarters) ** By SUP only *** Computer Manufacture by SUP only ,� DR-11 7q -k ** 23. Small parts manufacturing and assembly 24. Studios for training in fine arts ** By SUP only B. Community,Facility Uses 1. City Hall, police and fire stations and other municipal uses (excluding wastewater treatment facilities, landfills and transfer stations) DR-12 i "HC" Hotel District I. Permitted Uses - A. Hotels and motels B. Parks and playgrounds which are publicly owned C. Golf courses which are privately owned D. City hall, police and fire stations and other municipal uses (excluding wastewater treatment facilities, landfills, and transfer stations) II. Accessory Uses - 'S A. Permitted accessory uses shall be in accordance with the HC district. In addition, the following accessory uses shall be permitted: 1. Outdoor dining and seating areas 2. Street furniture, urban design fixtures and streetscape components DR-13 DEVELOPMENT STANDARDS It is intended that the Non-Residential P.U.D. shall adhere to the deve lopment standards currently established in City of Southlake Zoning Ordinance No. 480, as i amended. Parcel A is the portion of Solana which contains existing building improvements. Future expansion in Parcel A is contemplated including, but not limited to, increasing the size of the Marriott Hotel, expansions of existing retail buildings, construction of future retail buildings, construction of future office buildings and parking additions. The building improvements previously constructed in Parcel A were designed and built under zoning regulations which differ, in some ways, from the current Zoning Ordinance 480. Parcel B is currently undeveloped. It is intended that development within Parcel B be accomplished within similar design parameters for buildings, landscaping, site planning, etc. I. The following exceptions from the City of Southlake Zoning Ordinance 480 are within Parcel A: A. Height 1. Building Height a. No building housing HC Zoning shall exceed seven (7) stories. b. No building housing B-1 zoning shall exceed three (3) stories nor shall it exceed forty-five (45) feet in height. 2. Parking Structures - No parking structures shall exceed four (4) stories nor shall it exceed forty-five (45) feet in height. 3. Architectural Features - Architectural features (not intended for human occupancy) which are integral to the architectural style of the building (including spires, belfries, towers, cupolas, domes, feature walls and similar features) may not exceed the height limits of this section by more than twenty (20) feet. i 4. Mechanical Equipment/Penthouses, Ventilation Equipment, Antennas, i Cooling Towers, etc. - These ancillary uses shall not exceed the actual height of the building by more than twenty (20) feet. s s DR-14 :1 B. Building Setbacks - HC Zoning - The Marriott Hotel is constructed direct) adjacent to the adjoining Village Center lot line on substantially three sides. This allows the Hotel to be integrated directly into the balance of the Village Center. The Marriott's porte-cochere projects a total of fifteen feet over the �1 adjacent Village Center lot. This fifteen foot projection occurs for a length of ' approximately seventy feet. y 1. Front Yard: Zero (0'). 2. Side Yard: Zero (0'). 3. Rear Yard: Zero (0'). 4. Front Yard at Public Streets: Fifty (50') feet. C. Floor Area - 0-2, C-3 Zoning - Each store, shop or business shall have a ?, minimum of two hundred (200) square feet of rentable floor area. 30 D. Parking 1. Parkin S - The following 9 aces P g parking spaces are currently provided within Parcel A and these counts anticipated the requirements of the 100-room (and associated meeting rooms) expansion of the Solana Marriott: 30 a. Westlake Campus Garage - 1,875 Surface - 625 ,Computer - 100 Total 2,600 b. Village Center (Fully mixed-use) Parking Garage (A&B) - 850 Surface Lots - Retail - 187 Trellis Area - 82 Surface Lots - Solana Club - 3116 Total 1,435 2. Parking Space Sizes - a. Minimum of 7.5' x 16' - Compact. b. Standard size - 8.5' x 18' c. No more than 35% of spaces will consist of compact spaces. 3. Future Expansions within Parcel A - Subsequent development within Parcel A shall maintain the current parking ratio established by a traffic analysis of the mixed-use development parking usage (exclusive of the Hotel expansion addressed in D.I. above). DR-15 E. Buffer Yards 1. No buffer yard will be required where the setback along a public street is 50 feet or greater. 2. In cluster-type development, no buffer yards will be required so long as equivalent open, space and plantings normally provided by bufferyards along common lot lines is provided elsewhere with the two lots. F. Landscaping Due to Solana's unique landscape design, the landscape palette will be consistent with the existing developed areas of Solana. Landscaping design will be submitted and approved at the site plan phase of development. G. Off-Street Loading - With the following exceptions, off-street loading shall be provided pursuant to Section 36 of the City of Southlake Zoning Ordinance 480: 1. The minimum dimension of loading spaces shall be as follows: 10' x 25' regular size space 10' x 50' large space 2. The calculation of the minimum number of off-street loading spaces shall be in conformance with the following schedules and rules regarding shared spaces: a. Number of spaces: Office Uses or portion of building devoted to office uses: 0 -49,999 sf 0 spaces 50,000 - 149,999 sf 1 regular space 150,000 - 249,999 sf 2 regular spaces 250,000 sf and up 2 regular spaces and 1 large space Retail and Restaurant Uses with the following building size: 1 0- 9,999 sf 0 spaces 1 10,000 49,999 sf 1 regular space 50,000 - 99,999 sf 1 regular space and 1 1 large space b. Loading spaces that are adjacent and accessible to several buildings, including buildings on separate lots, shall be allowed to fulfill the loading requirements for the individual buildings provided that i) the 1 number of spaces satisfies the requirements for the combined square footages for the buildings in question, and ii) for loading spaces to be 1 . 1 DR-16 act-1% shared among separate lots, an agreement evidencing the right of Owners to the use of such spaces p s shall be provided. ! F. Release from Section 43, Corridor Overlay Zone Solana (Parcel A) is a mixed-use campus development designed with contemporary planning and design methods. Solana's designers utilized ! large meadows and groves of existing trees as natural buffers. Large setbacks were utilized in some areas while narrow, and in some cases, no ! setbacks were used in other areas. The innovative design style of Solana does not mirror the traditional design style of residential areas of Southlake, ! Texas but the Solana design style does meet the purpose and intent of the Corridor Overlay Zone Requirements of the City of Southlake Zoning Ordinance No. 480, Section 43, as amended by Ordinance No. 480-C, and ' as further amended by Ordinance No. 480-S, and which may be amended in the future (the "Corridor Overlay Zone Requirements"). The design style of Solana meets the intent of the Corridor Overlay Zone ! requirements by providing buildings and plazas which encourage retail and institutional uses and by providing destination activities such as employment and retail centers. Solana reflects comprehensive planning and elements of uniform urban design. Solana meets the purpose of the Corridor Overlay Zone Requirements by providing consistent development of office, retail and ! commercial areas along a major traffic corridor through the City of Southlake ' and standards which ' enhance the visual image of the corridors while maintaining traffic safety. Parcel A shall not be subject to the Corridor Overlay Zone requirements as defined in Section 43 of Ordinance 480, as amended. However, Solana, as a participant in the development of the Corridor Overlay Zone criteria, commits to upholding the purpose and intent of these requirements. Solana ! will continue to be a comprehensively planned mixed-use business center which complements the high quality residential areas of the City: Solana's S innovative style includes concepts of clustered buildings with generous spaces surrounding them, distinctive and liberal landscaping, quality S construction methods and materials, sensitive screening, etc. By use of these elements, Solana accomplishes the goals of the Corridor Overlay Zone in its own distinctive style. S DR-17 h h 1 , DEVELOPMENT STANDARDS Parcel B is currently undeveloped. ' II. The following exceptions from the City of Southlake Zoning Ordinance 480 are within Parcel B: ! A. Height 1. Building Height - No building housing B-1 zoning shall exceed three (3) stories nor shall it exceed forty-five (45) feet in height. 2. Parking Structures - No parking structure shall exceed four (4) stories nor shall it exceed forty-five (45) feet in height. 3. Architectural Features - Architectural features (not intended for human ! occupancy) which are integral to the architectural style of the building (including spires, belfries, towers, cupolas, domes, feature walls and similar features) may not exceed the height limits of this section by more than twenty (20) feet. 4. Mechanical Equipment/Penthouses, Ventilation Equipment, Antennas, Cooling Towers, etc. - These ancillary uses shall not exceed the actual height of the building by more than twenty (20) feet. B. Parking 1. Parking space sizes a. Minimum of 7.5' x 16' - Compact b. Standard size - 8.5' x 18' c. No more than 25% of spaces will consist of compact spaces. C. Buffer Yards 1. No buffer yard will be required where the setback along a public street is 50 feet or greater. 2. In cluster-type development, no buffer yards will be required between like uses. D. Landscaping Due to Solana's unique landscape design, the landscape palette will be consistent with the existing developed areas of Solana. Landscaping design will be submitted and approved at the site plan phase of S development. i DR-18 i E. Release from Section 43, Corridor Overlay Zone Parcel B shall not be subject to the Corridor Overlay zone requirements as defined in Section 43 of Ordinance No. 480, as amended. Solana will continue to be a comprehensively planned, mixed-use business center which complements the high quality residential areas of the City. Solana's innovative style includes concepts of clustered buildings with generous spaces surrounding them, distinctive and liberal landscaping, quality construction methods and materials, sensitive screening, etc. By continued use of these elements, Solana accomplishes the goals of the Corridor Overlay Zone in its own distinctive style. F. Off-Street Loading - With the following exceptions, off-street loading shall be provided pursuant to Section 36 of the City of Southlake Zoning Ordinance 480: 3 1. The minimum dimension of loading spaces shall be as follows: 10' x 25' regular size space 10' x 50' large space 2. The calculation of the minimum number of off-street loading spaces shall be in conformance with the following schedules and rules regarding shared spaces: a. Number of spaces: Office Uses or portion of building devoted to office uses: 0 - 49,999 sf 0 spaces 50,000 - 149,999 sf 1 regular space 150,000 249,999 sf 2 regular spaces 30 250,000 sf and up 2 regular spaces and 1 large space 310 Retail and Restaurant Uses with the following building size: 0 - 9,999 sf 0 spaces 10,000 - 49,999 sf 1 regular space 50,000 - 99,999 sf 1 regular space and 1 large space b. Loading spaces that are adjacent and accessible to several buildings, including buildings on separate lots, shall be allowed to suffice for the loading requirements for the individual buildings provided that i) the number of spaces satisfies the requirements for Ac the combined square footages for the buildings in question, and S ii) for loading spaces to be shared among separate lots, an agreement evidencing the right of Owners to the use of such spaces shall be provided. DR-19 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-247 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 485 ACRES KNOWN AS SOLANA SITUATED IN THE U.P. MARTIN SURVEY, ABSTRACT NO. 1015; T.W. MANN SURVEY, ABSTRACT NO. 1107; THE J.B. MARTIN SURVEY, ABSTRACT NO. 1134; THE C.M. THROOP SURVEY, ABSTRACT NO. 1510; THE W. MEDLIN SURVEY, ABSTRACT NO. 1958,TARRANT COUNTY,TEXAS;WILLIAM PEA SURVEY, ABSTRACT NO. 2025, TARRANT COUNTY, TEXAS, THE SAME BEING ABSTRACT NO. 1045, DENTON COUNTY, TEXAS;AND THE J. HENRY SURVEY, ABSTRACT NO. 724, TARRANT COUNTY, TEXAS, THE SAME BEING ABSTRACT NO. 528, DENTON COUNTY,TEXAS,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "NR-PUD" NON- RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT (woe FOR A MIXED USE BUSINESS COMPLEX, KNOWN AS SOLANA, TO INCLUDE THE FOLLOWING USES: "0-2" OFFICE DISTRICT,"C-3"GENERAL COMMERCIAL DISTRICT, "B-l" BUSINESS SERVICE PARK DISTRICT, "CS" COMMUNITY SERVICE DISTRICT, AND "HC" HOTEL 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 L:\CTYDOCS\ORD\CASES\480-247.WPD Page 1 -7({ _�5 �' 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 District under the City's Comprehensive Zoning Ordinance; and j 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 i 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 l changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those- who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land,avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts L:\CTYDOCS\ORD\CASES\480-247.WPD Page 2 r. j of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed,are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being an approximately 485 acre tract of land, known as Solana, and situated in the U.P. Martin Survey, Abstract No. 1015; T.W. Mann Survey, Abstract No. 1107; the J.B. Martin Survey,Abstract No. 1134;the C.M. Throop Survey,Abstract No. 1510; the W. Medlin Survey, Abstract No. 1958, Tarrant County, Texas; William Pea Survey, Abstract No. 2025, Tarrant County, Texas, the same being Abstract No. 1045, Denton County, Texas; and the J. Henry Survey, Abstract No. 724, Tarrant County,Texas,the same being Abstract No. 528, Denton County, Texas, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein,from"AG" Agricultural District to "NR-PUD"Non-Residential Planned Unit Development District for a Mixed Use Business Complex, known as Solana, to include the following uses: "0-2" Office District, "C-3" General Commercial District,"B-1"Business Service Park District, "CS" Community Service District,and "HC" Hotel District, as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit "B". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets;to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the L:\CTYDOCS\ORD\CASES\480-247.WPD Page 3 � d 1 particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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 1 st reading the day of , 1997. MAYOR ATTEST: L:\CTYDOCS\ORD\CASES\480-247.WPD (1 Page 4 Ce CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L:\CTYDOCS\ORD\CASES\480-247.WPD Page 5 EXHIBIT "A" Being all that property, commonly known as Solana and more particularly described as Parcels j "B", "C" and "D" as follows: i Parcel "A" Being all that 251.757 acre tract of land situated in the J.B. Martin Survey, Abstract No. 1134, the T.�X`. Mann Survey, Abstract No. 1107, the U.P. Martin Survey, Abstract 1015, the W. Medlin Survey, Abstract No. 1958, and the C.M. Throop Survey, Abstract No. 1510, Tarrant County, Texas and more particularly described as the Westlake/Southlake Park, Addition No. 1 to the Town of Westlake as recorded in Volume 388-214, Pages 78 and 79, Map & Plat Records of Tarrant County, Texas, including the replat of Lots 1R and 2R, Block 2 of the Westlake/Southlake Park, Addition No. 1 to the Town of Westlake as recorded in Cabinet A, Slide No. 283, Map and Plat Records of Tarrant County, Texas. PARCEL "B" Being a 232.921 acre tract of land situated in the William Pea Survey, Abstract Number 2025, Tarrant County, Texas, the same being Abstract Number 1045, Denton County, Texas; the J. Henry Survey, Abstract Number 724, Tarrant County, Texas, the same being Abstract Number 528, Denton County, Texas; the W. Medlin Survey, Abstract Number 1958, Tarrant County, Texas and the C. M. Throop Survey, Abstract Number 1510, Tarrant County, Texas, all located in northern Tarrant County and southern Denton County, Texas. This tract of land embraces all of those tracts described in deeds to International Business Machines Corporation, hereinafter referred to as IBM, as recorded in Volume 7376, Page 1728; Volume 7373, Page 2080; Volume 7351, Page 1940; Volume 7864, Page 142; Volume 7926, Page 1452; Volume 7940, Page 171; Volume 7940, Page 167, all in Deed Records, Tarrant County, Texas; and also being a portion of those tracts of land described in deeds to IBM as recorded in Volume 7376, Page 1737; Volume 7376, Page 2087; and Volume 7376, Page 1765, all in Deed Records, Tarrant County, Texas. Said tract is more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with yellow cap stamped "Carter & Burgess", found in the Southerly right-of-way of State Highway 114 (variable width), being the most Northerly Northwestern corner of said tract of land recorded in Volume 7376, Page 1728, Deed Records, Tarrant County, Texas, and the Northeast comer of that certain tract of land conveyed to K Chandler as recorded in Volume 1139, Page 580, Deed Records, Denton County, Texas; THENCE along the southerly right-of-way line of said State Highway 114, the following courses and distances: S 710 03'21" E, 3458.57 feet to a 5/8-inch iron rod with yellow cap stamped "Carter & Burgess" found for the beginning of a curve to the right; ,,. Along said curve an arc distance of 888.33 feet, through a central angle of 270 21' �9", having a radius of 1859.86 feet, and a long chord of S 57' 22' 21" E, 879.91 feet to L:\CTYDOCS\ORD\CASES\480-247.WPD Page 6 ��� 5/8-inch iron rod with yellow cap stamped "Carter & Burgess" found; S 25° 37' 35" W, 108.86 feet to a 5/8-inch iron rod with yellow cap stamped "Carter & Burgess found for the beginning innin of a non-tangent curve to the right; Along said non-tangent curve an arc distance of 196.55 feet, through a central angle of 060 15' 25", having a radius of 1799.86 feet, and a long chord of S 39° 40' 08" E, 196.46 feet to a concrete Texas Highway Department monument found; S 360 32' 25" E, 215.14 feet to a 5/8-inch iron rod with a yellow cap stamped "Carter & Burgess" found; THENCE leaving said right-of-way, West, 2141.45 feet to a 5/8-inch iron rod with a yellow cap stamped "Carter & Burgess" found; THENCE S 520 00' 00" W, 1000.00 feet to a 5/8-inch iron rod with a yellow cap stamped "Carter & Burgess: found; THENCE South, 1882.23 feet to a 5/8-inch iron rod with a yellow cap stamped "Carter & Burgess" found in the north line of that certain tract of land conveyed to Howard 88, Page 622, Deed Records, Tarrant County, Dudley, et ux, as recorded in Volume 48 Texas; THENCE N 890 57' 44" W, 200.93 feet to a 1-inch iron rod found for the northwest earner of said Dudley tract, also being in the south line of said IBM tract as recorded in Volume 7376, Page 1765, Deed Records, Tarrant County, Texas; THENCE N 000 20' 49" E, 45.01 feet to a 5/8-inch iron rod with a yellow cap stamped "Carter & Burgess" found; THENCE N 89° 39' 10" W: along the north line of Roanoke Dove Road (variable ound 1346.51 feet to a 5/8-inch iron rod with yellow cap stamped CarterBurgess" for the beginning of a curve to the right; THENCE along the easterly right-of-way line of Precinct Line Road (a variable width right-of-way the following courses and distances: Along said curve to the right an are distance of 241.85 feet, through a central angle of 89° 45 10 , having a radius of li 4d.3w tfhe a, and long cstamhord of Comer 46' 35" W, 217.86 feet to a 5/8-inch iron yellow & Burgess" found; N 00° 06' 00" E, 977.90 feet to a 5/8-inch iron rod with a yellow cap stamped "Carter & Burgess" found; N 000 08' 31" W, 394.37 feet to a 5/8-inch iron rod with a yellow cap stamped "Carter & Burgess" found: .. L:\CTYDOCS\ORD\CASES\480-247.WPD Page 7 N 000 10' 13" W, 551.67 feet to a 5/8-inch iron rod with a yellow cap stamped "Carter & Burgess" found; N 020 20 32 E, 554.17 feet to a 1/2-inch iron rod found; N 280 49' 02" E, 164.88 feet to a 1/2-inch iron rod found; N 230 ) 55" E, 98.16 feet to a 5/8-inch iron rod with a yellow cap stamped "Carter & Burgess" found; N 120 46' 54" E, 100.00 feet to a 5/8-inch iron rod with a yellow cap stamped "Carter & Burgess" found; N 000 16' 18" W, 993.50 feet to a 5/8-inch iron rod with a yellow cap stamped "Carter & Burgess" found for the southwest corner of the aforementioned R. Chandler tract; THENCE N 890 47' 00" E along the southerly line of said R. Chandler tract, 258.02 feet to a 5/8-inch iron rod with a yellow cap stamped "Carter & Burgess" found; THENCE N 000 30' 28" W along the easterly line of said R. Chandler tract, 505.33 feet to the POINT OF BEGINNING and containing 232.921 acres of land, more or less. SAVE AND EXCEPT: That portion conveyed to the State of Texas by Donation Deed dated-October 7, 1991, recorded in Volume 3120, Page 294, Real Property Records, Denton County, Texas, and being more particularly described metes and bounds as follows: BEING a 23.167 acres of land, more or less, of which 16.06 acres are situated in the William Pea Survey, Abstract 1045, Denton County, Texas; 6.64 acres are situated in the J. Henry Survey, Abstract 529, Denton County, Texas; 0.19 of an acre is situated in the W. Medlin Survey, Abstract 1588, Denton County, Texas; 0.27 of an acre is situated in the W. Medlin Survey, Abstract 1958, Tarrant County, Texas; and 0.011 of an acre is situated in the C. M. Throop Survey, Abstract 1510, Tarrant County, Texas; said 23.167 acres of land being out of that certain 232.921 acre tract of land conveyed to MTP-IBM Phase II and III Joint Venture by Deed 36, Real Property Records, Denton County, Texas, and as recorded in Volume 2190, Page 6 recorded in Volume 8995, Page 1268, Deed Records, Tarrant County, Texas; said 23.167 acres of land being hereinafter designated as "Parts 1 and 2" individually described by metes and bounds as follows: Part 1 - 22.884 acres, Denton County COM,v, NCING at a 5/8-inch iron rod found with yellow cap stamped "Carter & Burgess" being an angle point in the Westerly property line of said 232.921 acre tract of land and being in the Easterly ng y ht-of--,va line of Precinct Line Road; L:\CTYDOCS\ORD\CASES\480-247.WPD Page 8 s c THENCE along the Westerly property line of said 232.931 acre tract of land as follows: North 00' 17' 11" W also along said easterly right-of-way line for a distance of 993.63 feet to a 5/8-inch iron rod found with yellow cap stamped "Carter & Burgess" being the southwestern property corner of that tract of land conveyed to Rhonda C. Decker- Chandler by Deed as recorded in Volume 1139, Page 580, Deed Records, Denton County, Texas; North 89° 46' 50" E for a distance of 258.05 feet to a 5/8-inch iron rod found with yellow cap found stamped "Carter & Burgess" being the southeastern property corner of said Decker-Chandler tract; North 000 30' 24" W for a distance of 186.27 feet to the POINT OF BEGINNING in the new southerly right-of-way line of State Highway 114; THENCE North 000 30' 24" W continuing along said westerly property line for a distance of 318.96 feet to a 5/8-inch iron rod found with yellow cap stamped "Carter & Burgess" being in the existing southerly right-of-way line of State Highway 114 and the most northerly northwestern property comer of said 232.921 acre tract of land; THENCE along the existing southerly right-of-way line of State Highway 114 as follows: South 71° 03' 52" E for a distance of 2997.68 feet; South 18° 48' 09" W for a distance of 26.95 feet to the beginning of anon-tangent curve to the right; In a southeasterly direction along said non-tangent curve to the right having a radius of 2790.79 feet, a central angle of 20' 29' 08", an arc distance of 997.82 feet, a beginning tangent bearing of S 71° 11' 5 1" E, and a chord which bears South 60° 57' 17" E, a distance of 992.51 feet; - South 18' 5 V 57" E for a distance of 129.64 feet to the beginning of a non-tangent curve to the right; In a southeasterly direction along said non-tangent curve to the right having a radius of 2754.79 feet, a central angle of 03' 09' 06", an arc distance of 151.53 feet, a beginning tangent bearing of S 55' 17' 05" E, and a chord which bears South 53 degrees 42 minutes 32" E, a distance of 151.51 feet to a point in the approximate Denton/Tarrant County Line; North 89° 54' 28" W departing said existing southerly right-of-way line for a distance of 83.98 feet to a point in the new southerly right-of-way line of State Highway 114; THENCE along the new southerly right-of-way line of State Highway 114 as follows: North 54' 15' 43" W for a distance of 15.80 feet to the point of curvature of a curve to L:\CTYDOCS\ORDI.CASES\480-247.WPD Page 9 7c—v",3 L the left; In a northwesterly direction along said curve to the left having a radius of 2709.79 feet, (aw, a central angle of 080 19' 09", an arc distance of 393.45 feet, and a chord which bears North 58° 25' 17" W, a distance of 393.10 feet to the point of tangency of said curve to the left; North 62° 34' 51" W for a distance of 404.34 feet; North 711 04' 03" W for a distance of 1443.85 feet; North 77° 26' 38" W for a distance of 746.74 feet; North 71° 04' 04" W for a distance of 254.55 feet; South 60° 05' 54" W for a distance of 62.42 feet; South 18° 55' 56" W for a distance of 30.00 feet; North 71° 04' 03" W for a distance of 120.00 feet; North 18° 55' 57" E for a !stance of 30.00 feet; North 29° 05' 49" W for a distance of 52.33 feet; North 80 5 4' 13" W for a distance of 234.54 feet; ' North 71° 04' 03" W for a distance of 100.00 feet; North 49° 15' 58" W for a distance of 107.70 feet; North 63° 05' 01" W for a distance of 144.47 feet to the POINT OF BEGINNING, and containing an area of 22.884 acres of land, more or less. PART 2 - 0.283 of an acre, Tarrant County COMN ENCING at a 5/8-inch iron rod found with yellow cap stamped "Carter&Burgess" being an angle point in the southerly property line of said 232.921 acre tract of land; THENCE North 89° 59' 37" E along said southerly property line for a distance of 2132.66 feet to a point in the existing southerly right-of-way line of State Highway 114 and being the most easterly property corner of said 232.921 acre tract of land; THENCE along the existing southerly right-of-way line of State Highway 114 as follows: In a northwesterly direction following a curve to the left having a radius of 2754.79 feet, a central angle of 021 13' 52" an arc distance of 107.27 feet, a beginning tangent bearing L:\CTYDOCS\ORD\CASES\480-247.WPD Page 10 ct,3�a of North 42' 08' 23" W, and a chord which bears North 430 15' 19" W, a distance of 107.26 feet; North 64' 20' 22" W for a distance of 56.55 feet to the POINT OF BEGINNING being in the new southerly right-of-way line of State Highway 114; THENCE North 54' 15' 43" West along said new southerly right-of-way line for a distance of 383.44 to a point in the approximate Denton/Tarrant County Line; THENCE South 891 54' 28" East departing said new southerly right-of-way line for a distance of 83.98 feet to a point in the existing southerly right-of-way line of State Highway 114 being in the arc of a curve to the right; THENCE along the existing southerly right-of-way line of State Highway 114 as follows: In a southeasterly direction along said*curve to the right having a radius of 2754.79 feet, a central angle of 04° 26' 41", an arc distance of 213.71 feet, a beginning tangent bearing of South 52° 07' 59" E, and a chord which bears South 49' 54' 38" E, a distance of 213.65 feet; South 36° 29' 48" East for a distance of 107.27 feet to the POINT OF BEGINNING, and containing an area of 0.283 of an acre of land, more or less. FURTHER SAVE AND EXCEPT that portion conveyed to the State of Texas by Deed filed August 18, 1987, recorded in Volume 2222, Page 273, Real Property Records, Denton County, Texas, and recorded in Volume 9006, Page 952, Tarrant County Records,Tarrant County,Texas. PARCEL "C" Being all that certain tract of land in the W. Medlin Survey, Abstract 1958, and the C.M. Throop Survey, Abstract 1510, both in Tarrant County, Texas. This tract of land embraces the tracts described in deeds to International Business Machines, hereinafter referred to as IBM, and recorded in Volume 8795, Page 553, Deed Records of Tarrant County, Texas. Said tract is more particularly described as follows: Beginning at a point in the westerly right-of-way of County Road No. 3088 (also known as West T.W. King Road), a variable width roadway, said point also being on the northeasterly right-of-way of S.H. 114, a variable width roadway; Thence along the northeasterly right-of-way of S.H. 114, N 36' 32' 30" W, 587.00 feet; Thence leaving the northeasterly right-of-way of S.H. 114 as follows: N 530 29' 00" E, 546.74 feet, S 030 07' 00" W, 344.50 feet to a point in the centerline of County Road 3088, N 890 28' 00" W, 25.00 feet to the westerly right-of-way of County Road No. 3088, said right- L:\CTYDOCS\ORD\CASES\480-247.WPD Page 11 of-way also being the westerly limits of the City of Southlake, Thence along the westerly right-of-way of County Road No. 3088 and the westerly limits of the City of Southlake, S 000 33' 00" W, 514.80 feet, Thence S 720 03' 00" W, 47.70 feet to the Point Of Beginning and containing 3.9419 acres, more or less, save and except any right-of-way dedications to the State of Texas for State Highway No. 114. PARCEL "D" BEING a tract of land in the T.W. MANN SURVEY, ABSTRACT NO. 1107 and the C.M. THROOP SURVEY, ABSTRACT NO. 1510, the JAMES B. MARTIN SURVEY, ABSTRACT NO. 1134, the U.P. MARTIN SURVEY, ABSTRACT NO. 1015, and the W. MEDLIN SURVEY, ABSTRACT NO. 1958,Tarrant County,Texas, and being more particularly described as follows: BEGINNING at the northwest corner of the J.B. MARTIN SURVEY, ABSTRACT NO. 1134, Tarrant County, Texas, a 1/2 inch iron rod in the northeasterly right-of-way of State Highway No. 114 (a 220 foot wide right-of-way); THENCE along the said northeasterly right-of-way of State Highway No. 114,N 36° 32' 00" W, continuing along a projection of said R.O.W. to a point for a corner in the centerline of County Road 43088 (Sam School Road), said point being in the common boundary line between Westlake and Southlake and described in the City of Westlake Ordinance #81; THENCE South with the projected center line of County Road #3088 (Sam School Road) (Peytonville Road) to a point for a corner in the southwest R.O.W. line of S.H. 114; THENCE Southeast along the southwest R.O.W. of S.H. 114 a distance of approximately 2,796.55 feet to a point for a corner, said point being the southeast corner of a tract by deed to I.B.M. recorded in V. 7422 P. 2157, DRTCT as described in ordinance 9447 city limits of the City of Westlake, said point also being the southeast corner of Lot 1R, Block 2 of the Westlake/Southlake Park, Addition No. 1 to the Town of Westlake as recorded in Volume 388- 214, Pages 78 and 79, County Records, Tarrant County, Texas; THENCE N 880 29' 50" W along the south line of said I.B.M. Tract 907.75 feet to a point foi a corner, said corner being the N.E. corner of a tract by deed to I.B.M, V. 7824, P. 2033, DRTCT; THENCE S 000 17' 58" W along the east line of said I.B.M. Tract a distance of 197.59 feet to an iron pin in its S.E. corner; THENCE S 860 22' 05" W a distance of 518.25 feet to the S.W. corner of said I.B.M. tract; THENCE N 190 09' 01" W along the east R.O.W. of Sam School Road a distance of 393.02 feet to an iron pin being the S.W. corner of a tract by deed to I.B.M., V. 7376, P. 1779, DRTCT, and L:%CTYDOCSIORD\CASESN480-247.WPD Page 12 �'T'—3� being in the east R.O.W. of Sam School Road.(County Road #3088); THENCE S 880 45' 45" W approximately 51 feet crossing Sam School Road (County Road No. 3088) to a point in the westerly right-of-way of Sam School Road; THENCE S 190 09' 01" E, approximately 500 feet along the westerly right-of-way of Sam School Road to a galvanized iron pipe by a corner of a fence in the west line of Sam School Road; THENCE in a southeasterly direction crossing County Road 1#3088 (Sam School Road) to a point for a corner, said point being the southwest corner of Lot 7 and the northwest corner of Lot 6 of the R.P. Estes Subdivision as recorded in Vol. 1957, P. 324, DRTCT; THENCE easterly along the common south line of Lot 7 and north line of Lot 6 by deed a distance of 1349 feet to a point for a comer in the east line of the T. Mann Survey, said line also being the city limits of the City of Southlake; THENCE in a northerly direction along the east line of the T. Mann Survey and the west line of the J. Martin Survey A-1134 to a point for a comer, said point being by deed South 910.51 feet from the northwest corner of the J. Martin Survey and being the southwest corner of the tract of land annexed into the City of Southlake by Ordinance #319; THENCE N 890 27' 49" E to a point for a corner in the southwesterly R.O.W. of State Highway (400, 114; THENCE northeasterly at a right angle to S.H. 114 centerline, crossing S.H. 114 to a point for a corner in its northeasterly R.O.W., said point being in the southwest line of a tract of land annexed into the City of Southlake by Ordinance #126; THENCE northwesterly along the northeasterly R.O.W. of S.H. 114 and said Ordinance #126 tract to the POINT OF BEGINNING and containing 27 acres of land, more or less. EXCLUSIONS FROM REZ_ NUNQG Save and except those portions of said Parcels "A" and "B" more particularly described as Strips No. 1 and No. 2 as follows: STRIP NO. 1 Being a portion of said Parcel "B" as described above, said portion being a strip of land 50 feet wide, the westerly line of said 50 foot strip described as follows: Beginning at the northwest corner of said tract of land described by deed recorded in Volume 7376, Page 1728, said northwest corner also being the southwest corner of the R. Chandler tract described by deed recorded in Volume 1139, Page 580, Deed Records of Denton County, Texas. Said corner also being in the easterly right-of-way of Precinct Line Road. L:\CTYDOCS\ORD\CASES\480-247.WPD Page 13 Thence southerly along the easterly right-of-way of Precinct Line Road approximately 1250 feet to a point approximately 50 feet south of the intersection of the westerly right-of-way of Precinct Line Road and the north line of the Scott Bradley Tract as described by deed recorded (60". in Volume 6395, Page 67, Deed Records of Tarrant County, Texas, said 50 foot strip containing 1.4 acres, more or less. STRIP NO. 2 Being a portion of Parcels "A" and "B" as described above, also being a strip of land 50 feet wide the southerly line of said strip described as follows: Beginning at the northeast corner of the Alvin F. Olen Jr. tract described by deed as recorded in Volume 4181, Page 644, Deed Records of Tarrant County, Texas, said comer also being in the south line of Lot 1, Block 3 of the Westlake/Southlake Park, Addition No. 1 to the Town of Westlake as recorded in Volume 388-214, Pages 78 and 79, County Records, Tarrant County, Texas; Thence westerly along the south line of said Lot 1, Block 3 approximately 1466.76 feet to a point in the east line of the Howard Dudley tract described by deed as recorded in Volume 4888, Page 622, Deed Records of Tarrant County, Texas; Thence northerly along the east line of said Dudley tract, said line also being the westerly line of said Lot 1, Block 3 approximately 460.91 feet to a point in the northeast comer of said Dudley tract, said comer also being in the south line of said Lot 1, Block 3; Thence westerly along the south lineo f said Lot 1 Block 3 said line also being the north line of said Dudley tract, approximately 1774.98 feet to the southwestem corner of said Lot 1, Block 3, said corner also being in the north line of said Dudley tract; Thence generally westerly along the north line of said Dudley tract, said line also being the south line of Parcel "B" as described above, approximately 100.93 feet; - Thence generally northerly leaving the north line of said Dudley tract approximately 95 feet; Thence generally westerly, parallel to the north right-of-way of Dove Road (a variable width roadway), approximately 1396.51 feet to the beginning of a curve to the right, Thence along the arc of said curve a distance of 241.85 feet, having a central angle of 89' 45' 10", a radius of 154.38 feet and whose long chord bears N 44 46' 35" W, Thence generally northerly, parallel to the east right-of-way of Precinct Line Road approximately 50 feet, Thence generally westerly approximately 50 feet to a point in the east right-of-way of Precinct Line Road; L:\CTYDOCS\ORD\CASES\480-247.WPD Page 14 �f7 J`LC I THENCE generally northerly approximately 606 feet along the east right-of-way of Precinct Line Road to a point approximately 50 feet north of the intersection of the westerly right-of-way of Precinct Line Road and the northerly line of the Hillwood/1088 tract as described by deed as recorded in Volume 12260,Page 1948,Deed Records of Tarrant County,Texas, said 50 foot strip containing approximately 7.1 acres, more or less. LAMDOCS\ORD\CASES\Q0-247.WPD Page 15 _ 7A EXHIBIT "B11 CD elk Ng 771 � '•/' � �— � * ���'E������ sg�� �. 5� s s� f ��Y- �je y '�je�u YYe�. 7y�; � / ppQ� [ Y � � a44 CO t � I / • :: ��,. i L:\CTYDOCS\ORD\CASES\480-247.WPD Page 16 c City of Southlake,Texas MEMORANDUM August 29, 1997 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance 686, 2nd Reading, Fiscal Year 1997-98 Operating Budget, Second Public Hearing i As a result of the budget work sessions and the August 26 Council meeting, the attached Proposed Budget FY1997-98 All Funds Summary reflects the changes to the proposed original budget as filed with the City Secretary on August 1. Highlights of this revised version include the following: Approved GENERAL FUND UTILITY FUND Personnel: One Public Safety Officer Two Equipment Operators One Building Inspector Four Maintenance Workers One Plans Examiner One GIS Analyst (previously proposed One Current Planner in General Fund) Reductions to total Capital Outlay are -$895,732, and the amount of borrowing through certificates of obligation in the General Fund is reduced accordingly. The Pay Plan implementation is funded for the entire fiscal year instead of at mid-year. Six positions are deleted: two Public Safety Officers, one Building Maintenance Worker for Parks, one Education/Prevention Officer, and one Detective, and one Public Safety Support Technician. As discussed at the August 26 budget work session, the budget for Utilities-Water in the Utility Fund were reviewed. For FY1996-97 and FY1997-98, the budget for this line item waste understated by $883,000 and $400,000 for the respective fiscal years. The budget line item has been increased and included in the-Summary, With a resulting cha44e in the "number of days working capital", or fund balance shown on page 5 of Exhibiv—*Av. Also, the FY1996-97 estimate for Maintenance-TRA has been increased by $78,900 to more accurately reflect projected costs for treatment of wastewater at the Central and Denton Creek Plants. Overall, the total FY1997-98 Operating Budget has been reduced by -$639,955 (-$1,044,093 General Fund and +$404,138 Utility Fund). A Capital Projects Budget for the FY1997-98 year, plus anticipated Capital Projects through 2002, is included as a separate component of the budget. t ORDINANCE NO. 686 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 1996-97; APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997, AND TERMINATING SEPTEMBER 30, 1998, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Manager has prepared a revision of certain figures in the 1996-97 budget and submitted same to the City Council; and, WHEREAS, the City Manager of the City of Southlake, Texas (hereinafter referred to as the "City") has caused to be filed with the City Secretary a budget to cover all proposed expenditures of the government of the City for the fiscal year beginning October 1, 1997, and ending September 30, 1998, (hereinafter referred to as the "Budget"); and WHEREAS, the Budget, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes, shows as definitely as possible each of the various projects for which appropriations are set up in the Budget, and the estimated amount of money carried in the Budget for each of such projects; and WHEREAS, the Budget has been filed with the City Secretary for at least thirty (30) days and available for inspection by any taxpayer; and WHEREAS, public notice of public hearings on the proposed annual budget, stating the dates, times, places and subject matter of said public hearings, was given as required by the Charter of the City of Southlake and the laws of the State of Texas; and WHEREAS, such public hearings-were held on August 19, 1997 and September 2, 1997, prior approval of such dates being hereby ratified and confirmed by the City Council, and all those wishing to speak on the Budget were heard;-and WHEREAS, the City Council has studied the Budget and listened to the comments of the taxpayers at the public hearings held therefor and has determined that the Budget attached hereto is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That all of the above premises are found to be true and correct and are C., incorporated into the body of this Ordinance as if copied in their entirety. Section 2. That the revised figures, prepared and submitted by the City Manager for 716-� Ordinance No. 686 Page 2 the 1996-97 budget, be, and the same are hereby, in all things, approved and appropriated, and any necessary transfers between accounts and departments are hereby authorized, approved, and appropriated. Section 3. That the Budget attached hereto as Exhibit "A" and incorporated herein for all purposes is adopted for the Fiscal Year beginning October 1, 1997, and ending September 30, 1998: and there is hereby appropriated from the funds indicated such projects, operations, activities, purchases and other expenditures as proposed in the Budget. Section 4. That the City Manager shall file or cause to be filed a true and correct copy of the approved Budget, along with this ordinance, with the City Secretary and in the office of the County Clerks of Denton and Tarrant County, Texas, as required by State law. Section 5. That any and all ordinances, resolutions, rules, regulations, policies or provisions in conflict with the provisions of this Ordinance are hereby repealed and rescinded to the extent of conflict herewith. Section 6. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 7. That the necessity of adopting and approving a proposed budget for the next fiscal year as required by the laws of the State of Texas requires that this Ordinance shall take effect immediately from and after its passage, and it is accordingly so ordained. PASSED AND APPROVED on first reading this day of , 1997. = : . Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary PASSED AND APPROVED ON second reading this day of , 1997. 76-f t Ordinance No. 686 Page 3 (40", Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney Date: Adopted: Effective: D:wP•PILE5 ORD•0.ES.wGR,686BGi.OROrkb i ` "EXHIBIT A99 PROPOSED BUDGET 1997-98 (REVISED) ALL FUNDS SUMMARY Special Revenue General Debt Service Utility Parks/ Fund Fund Fund Recreation SPDC Total Projected Revenues-FY97-98 $11,155,299 $2,809,281 $7,570,600 $53,465 $1,399,025 $22,987,670 Less: Projected Expenditures $12,822,626 $2,449,983 $7,826,000 $0 $700,826 $23,799,435 Total-Expenditures-FY97-98 $12,822,626 $2,449,983 $7,826,000 $0 $700,826 $23,799,435 C.O. Proceeds $715,547 $0 $0 $0 $0 $715,547 Net Transfers In(Out) 70$ 0,000 23( 8,777) $134,145 (53,594) 0 S541.774 Net Revenues ($251 7801 $129 55 ($121.25�1 $L 129.E Estimated Fund Balance/ Working Capital 9/30/97 $2,622,363 $607,556 $1.985,320 $19,689 $774,229 $6,009,157 Estimated Fund Balance/ Working Capital 9/30/98 $2,370,583 $728,077 $1.864,065 $19,560 $1,472,428 $6,454,713 1996-97 1996-97 1997-98 $Increase/ 1995-96 Adopted Revised Proposed (Decrease) %Increase/ Expenditure s Actual Budget Budget Budge Adopted -Decrease General Fund Personnel $4,781,025 $6,075,068 $6,304,711 $7,241,216 $1,166.148 19.2% Operations $2,707,550 $3,363.706 $3,485,448 $4.570,454 1,206,748 35.9% Capital Outlay $677,982 $1,140,453 $1,238,874 $725,547 (414,906) -36.4% Pay Plan Implementation $-0 $-0 $0 28$ 5,409 285,409 100.0% Total Expenditures $8,166.557 $10,579,227 $11,029,033 $12.822,626 $2,243,399 21.2% Debt Service Fund Debt Service $1,490,094 $1,683,946 $1,687,446 $2,449,983 76$ 6,037 45.5% Total Expenditures $1.490,094 $1,683,946 $1,687,446 $2,449,983 $766,037 45.5% Utility Fund Personnel $582.751 $590,250 $683,955 $868,260 $278.010 47.1% Operations $4,215.240 $3,867,100 $3,842,962 $4,172,545 305,445 7.9% Capital Outlay $424,960 $651,720 ' ` $659,970 `3r707,000 55,280 8.5% -r Debt Service $824,132 $1,448,048 $1,448,048 $2,062,490 614,442 42.4% Pay Plan Implementation -42 -_$4 _ 1 705 15,705 100.0% Total Expenses $6,047,083 $6,557, f6 $6,634315 $�626,000 $1,268,882 19.4% Special Revenue-Parks/Recreation Operations $48.597 $0 $11,133 $0 $0 -100.0% Capital Outlay $161,263 12$ 2,000 5$ 5.000 $ 12( 2,000) -100.0% Total Expenditures $209,859 $122,000 $66,133 $0 ($122,000) -100.0% SPDC Personnel $46,920 $50,229 $50,229 $46,314 ($3,915) -7.8% Operations $4,805 $4,800 $4,800 $0 (4,800) 100.0% Capital Outlay $0 $0 $0 $0 0 0.0% Debt Service $378,601 $345,770 $652,329 $653,812 308,042 89.1% Pay Plan Implementation Ko $-0 $0 700 700 100.0% TOTAL EXPENDITURES $430,326 $400,799 $707,358 $700,826 $300,027 74.9% TOTAL EXPENDITURES $16-343-920 $19.343-090 $20,124,905 $23-799,435 $4,456-345 23.0% CJ��� PAGE 1 "EKHEBIT A" ALL FUNDS SUMMARY (revised) 1997-98 Proposed Budget and 1996-97 Revised Budget os 28 Pw anlnosun ww 0812"7 , I i S Increase/ S Increase/ 1995-96 1996-97 1 1996-97 (Decrease) %Increase/ 1997-98 (Decrease) %Increases REVENUES Actual Adopted i Revised Adopted -Decrease Proposed Adopted -Decrease Ad Valorem Taxes $4,678.411 55,606,556', 55,672,5561 566,000 1.2% $6.809,765 $1,203.209: 21 5% Saies Tax 2,217,940 2,771,5001 3,151,800 380,30011 13.7%: 4,075,000. 1,303.500', 470% Franchise Fees 506.754 633,8971 929,2371 295,340; 46.6% 801.030 167,133: 26 4% 1 Fines 436.5W 353,600'i 513.700 160,100' 45.3 515,300 161.700' 45.79, Charges for Services 221,003! 279,850, 363,850 84,000',' 30.0%! 551.550 271,70O: 971% Permits/Fees 2,765,298 2,349.310 2,268,010I (81,300): -35% 2.314,710 (34.600H 15'.0 Miscellaneous 265.180 191.0791 25114511 60,372 31 6%' 205,575 14.496 7 6% i water Sales-residential 4.367,522' 4,250,000 4.250.000 0 0.0%: 4,887.500 637.500 150% Water Sales-commercial j 516,519 i 475,0001, 610,000 135,000 28.4% 701,500: 226.500! 47 7% Wastewater Sales 680.936 590,000! 800.000 210.000 j 35.6% 920.000 330.000 55 9% Sanitation Sales 448,3361 508,0001 475,000 (33,000)I 6.5%: 534.000 26.000 5 1% Other Utility Charges 439.275' 359.0001 359.000 01 0 0%'. 359,000: 0' 0 0%' Interest Income 344778, 2997 000 j347300 50.300 16.9%' 312.740 j 157401 5 3% Total Revenues S17.948.538' 518.664.792! 519.991.904I 51.327.112' 7.1%! 522.987.670 54.322.878' 23.2% EXPENDITURES City Secretary $255,958' 5263,253 $224.5771 (S38,676); -147%' 5237,412 (525.841) -98% Human Resources 0 96,010 135,999 39,989; 0.0%: 168.488 72 478' 100 0% City Manager j 432,524 446.3021 505,3581 59,056 13.2%I 350,120: (96.182H -216% I Support Services 981,311, 1,045,1601 1,261,277 216.117 20.7%! 1,210,601; 165.4411 15.8% Community Services Q 4 4 41 0.0%j 360.113 I 360.11 I 100.0% General Gov Total 51.669.793 I 51.850.725 $2,127,211 $276,486 i 14.9%i $2,326,734 S476.009 25.7% Finance 390,664 381,591 423.576 41,9851 11.0% 410,436 28.8451 7.6% i Municipal Court 206,229! 219,820 260,651 40.831 18.6% 276,930! 57,110 26.0%' Teen Court 38 585 52.206I 50.647 (1.55911 -3.0%( 54,609 2,403I 4.6% Finance Total 635,4781 653,617 734,874 81,257I 12.4%I 741,975 88,3581 13.5% Fire 901.925 1.342.264. 1,379.162 36.898I 2.7%! 1,527,724 185.460 13.8% Police 1,389,060, 2.147.850 2,210,622I 62,772 j 2.9%! 2.611,946' 464.096! 21 6%, Public Safety Support 835 717 935 952!; 9723631 36,41,: 3 9%; 981 44928; 5 0%, Public Safety Total $3,126,702 54.426.066I $4,562,1471 $136,081',' 3.1%'; $5,122,550: 5696.484 15.7% Building Inspections 351.228 453.604�. 509.950 56,346 i 12 4%; 596,727 i 143,123'I 31 6%� Streets/Drainage 871.038: 896,9181 90Q793 3.875i 0.4% 911,629. 14.711 16%� Public Works Admin I 360,338 i _- 723.4881 586,050 (137.438 % I 856,528 133,040: 18 Water 3.950.735: 3,856,1971 3,867.587 11,390 0 3%� 4.444,538 588.341 1 15 3% Wastewater j 878,360; __ 744,873 8W.300 108,427I 14.6%1k 803.267 58,394! 7.8% Sanitation 393 855 $QQQ i -Jf§QQQ i [42-.000)i8.37r? 000 (8 OOOII 1 64° Public Works Total i $6,805,555 $7,183,080 $7,183,6801 NN 0.0%' MI12,689 $929,609 12.9% Parks and Recreation 885,558 1,129,799 11 45,774 15,975 1.4% 1,348,052 218,253 19.3% Community Development 417,495. 507,157 488,664 (18.493H -36%: 565,051' 57.894' 11.4%, Economic Development 1 11 i 114 I 96 427 1 4 -16.1%I 114 ' 1� -0 5%' Community Dev.Total $528,006 I ;622.039 5585.091 (536.9481I 5.9°6 1 5679.336 $57.297 9 2°G 1 Pay Plan Implementation 01 01 $0 0 0 5301,814 i 301,814I 100.0% Debt Service 2 692 827I 4 7 7 4 I 3,787.823 310.059 8.9% 5,1.66-285 i Lam$�21 j 48.6% Total Expenditures 516.343.919! 519.343.090 I 520.126.600 S783.510 4.1%j $23,799,435 54.456.345 23.0%j Net Re°enws I 51.604.619 IS678-29811 $543.602 i ts811.765y Proceeds firm c 0.s11,10100 r I 588,1091 5920,000 5842,184 j ($77,816� 5715,547 (5204,453� IL i Tnnsfers in 51,293.0001 51,732.815 51,767,815 535.000 $2,666,413 j $933,5981 Tnmf«s Oi! (52.589 246Y IS1.619 418 CS2244418 $Q i ; (52.124.6391 Tow Otter seances(uses) (Si 208137J S1 033 397 j S365 581 (342 816U S1257321. ,422�9�.91 Begeeug Fund Balance 55,381,791 55.778.273 $5,778,273I 1 $6,009,157 Reserved Fund Bailee i s0 s0 I So 50 Ending Fund Bayne. C5 778 273 e5 133 372 I $5 00915T 1 S8_dl 71Y'1 PAGE 2 t "EXHIBIT A" GENERAL FUND (revised) 1997-98 Proposed Budget and 1996-97 Revised Budget 0256PIA aAndsum.vnu 0a29/97 S Increase/ S Increase! 1995-96 1996-97 1996-97 (Decrease) 1 %Increase/ 1991-98 (Decrease) %Increasel REVENUES Actual Adopted Revised Adopted -Decrease Proposed Adcpted Cecrease Ad valorem Taxes S2.939,868 S3.357,212 S3,385,212 S28,000 i 0 8% $4,036,234 S679,022I 23 1% Sales Tax 1.479.5861 1,848.500 2,101.800 253,3001 137%1 2,717.500 869.000I =87%! Franchise Fees 506.754 633,897 929,2371 295,3401 466%' 801,030 157,133.; 330%�, F.nes 436.586 353.600 513.7001 160,100 45 396 515,300 161,700'' 37 0%' Charges for Services 221,003 279.850 363,850: 84,000', 3C 0r° 551,550 271 7001 22 9% Permits/Fees 2,642.353' 2.249,310', 2,215.010: (34,300)1 ° 2,264,7101 15 400 O 6%, Miscellaneous 129,900: 105.179 158.751 53,572 i 50 3% 113.975 8 796 5 8% Interest Income 14 1 I 14 155 000 12 000 j 8.1% 155155.000; 12 000 3 2% Total Revenues $8,501,860 i $8,970.548 $9.822.560 $852,012 1 9.5%: $11,155,299! $2,184,751 25.7% EXPENDITURES City Secretary S255,958 $263.253 224,577 (S38,676) -147%! S237,412 (S25,841H -98% I Human Resources 0 96,010 135,999 39.989 0 0% 168,48811 72,478! 1C0 0%1 City Manager 432,524 446,3021 505.358 59,056I 132%� 350.1201 (96,182M -21.6% Support Services 981.311 1,045,160; 1,261,277 216,1171 207%! 1,210,601 165,a41 158%; Community Services Q Q: Q 4 00%1 JOU 113 I 3601131 1 CA 0% General Gov Total $1,669,793 $1,850,725 $2,127,211 I $276,486; 14.9%'. 32.326.734 5376.009' 25.7%! i Finance 390.664 i 381,591 j 423,576 41,9851 11 0%i 410.436 i 28.845 7 6%: Municipal Court 206,229, 219.820, 260,651 40.831 18 6%1: 276,930 57,1101 26.0% Teen Court 1 38.585 52,206 50.647 1 -3.0%i 54.sos 2 ! 4 6% Finance Total I 5635.478 $653,617 $734,874 $81.257 12.4% 5741.975I $88.358 13.5% Fire 901,925 1.342,264 1,379.162 36,898 2 7%1 1.527,7241 185,460I 13 8% Police 1 389.060. 2,147,8501 2,210.6221 62.772 2 9%i 2.611,946: 464,096 21 6% Public Safety Support 835 717 935952' 972 363411 3 9%i 982 Q 1 40 Vzo. 5 0%, Public Safety Total $3,126,702 $4,426,066 S4.562.147 $136,081 3.1% $5,122,550'. $696,484 15.7% Building inspections 351,2281 453604' 509,950 56,346! 124%! 596.727 143,123 316%'' Streets/Drainage 871,038: 896 918 900.793: 3.875' 0 d% 911,629 14,711: Public Works Admin 360 338 71 5$¢QSQ j 1 7 4 19 0°/s 856528: 133040 13 4 Public Works Total $1,582,604 $2,074,010: $1.996,793, ($77217Y -3.7%; $2,364,884, 14.0%! Parks and Recreation 1 S623.974' $_252. 777001 $1,022,917) $70;147 7.4% $1,301,738 S348.968 36.6%. Community Development 417,495 i 507.157 488,664 (18,493) -3.6%! 565,051; 57,894 11 4%.r Economic Development ! 110511 L_ 114882, _ _ 96.427 1 4 16 1%! 114.285 7 -0.5% _ Community Dev.Total S528.006 $622.039 i $585.441 's-5.9%! S679,336 i 357,297 a• a Pay Plan Implementation i i4 f4I Q 0 0% $285,409' 285 409 1C0 0% Total Expenditures $8.166,557 $10,579.227 j 511,029,033 L $449,806 1_ 4.3%11 f12,822,626! $2,243,399! 21 2% Net Revenues S335.303! (S1.608.679Y (S1.206.473Y S402.245. (�1.667.3271 (52.002.6301� j 1 1 !, Proceeds from c 0 Sak10ther S8$109 I S920.000 $842,184 i (S77,816N $715,547 i Transfers in 594.606! 633,000, 633,000' 0 700,000 i j I Transfers Ott 7(53 7.287Y Sol �Q Total Other sources(uses) S305 428 i S1 553 000 S1.475 184 S1 415 547 i I Begnvig Fuld Balance S1,712,9221 S2,353,6531 S2,353,6531 $2,622,363 � I I Reserved Fund Balance SO SO SO SO' (6w, Endnp Fund Balance 52 353 653! S22979741 ^+2 622 363 S2 370 583 Fund uslancepercunpe-uv i 28.82%i 2172%! 23.78% 18.49%': i 719-7 PAGE 3 "EXIIBIT A" DEBT SERVICE FUND 1997-98 Proposed Budget and 1996-97 Revised Budget adndu,n vvm _8129,97 ! I S Increase/ S Increase/ 1995-96 1996-97 1996-97 (Decrease) ;%Increase/ 1997-98 (Decrease) %Ircrease/ REVENUES Actual Adopted I Revised Adopted I -Decrease Proposed 1 Adopted ! -Cecrease Ad Valorem Taxes S1,738,543 S2,249,344 $2,287,344 $38,000 1.7% $2,773,537 5524,187 23 3% Interest Income 47.898! 35.750' 55M0I 19,250 53 8%, 35.750! Total Revenues $1,786,441' $2,285,094 $2,342,344 j $57,250 2.5%i $2,809,281 $524,187 22.9% EXPENDITURES Principal 5908.6001 S947,350 $947,350; SO 00%! S1,092,350 S145.000 -3?, Interest S579,194 S734,096j $734.096! 0 00%i $1.351.633. 617.537 2=1?0 Admin.Expenses I S2 300 $yam i S6-000 QQ 140.0%i �QQQ i 3.500; -�0% Total Expenditures $1,490,094 i $1,683,946 $1,687,4461 $3.500 i 0.2%. $2,449,983 $766.037' 45.5% I i Net Revenues ! ,Q§, j 5601.148 S654.898 553.750 I S35�� o�on_ L5241.8501 Tramras to j 67,519 56,875 56875! 480,456 Transfer Out (251,203A 4 77 584773 I 7( 19.2331� i Total ether Soureesr(Ums) I (183,684� (527,898N (527,898M (238,777). I BegmN Fund Balance 5367,893I $480.556 i S480,556 S607,556 tq En6 Fund Balance g480 556 I SS_ 53 806S607556 ! 5728-077 j �,�-� PAGE 4 "EXHIBIT A" UTILITY FUND (revised) 1997-98 Proposed Budget and 1996-97 Revised Budget ge:ePM VIndSUm.Wk4 0812,M7 S Increase/ S Increase/ 1995-96 1996-97 1996-97 ; (Decrease) %Increase/ 1997-98 (Decrease) %Increase/ REVENUES Actual Adopted Revised Adopted -Decrease Proposed Adcpted -Decrease Miscellaneous $110,7401 585.9001 591,6001 S5,700 6.6% 591,6001 55,70O1 6.6%1 Interest Income 102,729I 68,7501 75,0001 6,250 9.1% 77,0001 8.250' 12.0%, Water Sales-residential 4,367,522! 4,250.0001 4.250,000; 0 0.0% 4,887,5001 37,500 150% water Sales-commercial 576.5191 475.OW 610,000 135.000, 28.4%I 701,5001 226.500 47.7%: i Sewer Sales 680.936 590,000 800,000 210,0001 35 6%j 920,000! 330,000. 55 9%' Sanitation Sales 448,3361 508,000 475,000 (33,000� -6.5%1 534,000 25,000 5 1% Other utility charges 439 275 359 000 359 000 Q 1 0.0% 359.000 I Q 0 C% Total Revenues $6,726,057 $6,336,650: $6.660,600: $323,950 1 5.1% $7,570,600 $1,233.950 19.5% EXPENSES ' floatservm.RevnueBonds 824.132 1,448,048 1,448,0481 0 0.0% 2,062,490I 614,442 424% Water 1 3,950.735 3.856,197 3.867,5871 11.390 0.3% 4,444.5381 588.341! 153%. Sewer 878,360 744,873 853,300 i 108,427 14.6% 803,267 58.394; 7 8% i Sanitation 393.855 508.000 466,000� (42.000) -8.3% 500- (8,0001i -16%', Pay plan Implementation Q Q Q! 0 0.0% 15.705I 15.705 100 0% Total Expenses 56.047,0831 56.557.118; 56.634.935 $77,817 1.2%i 57.826.0001 $1,268.882 19.4% 1 Net Rerenws $678,974 IS22� S25.665 $246,133 ( ls255.400 (S34,9321 Transfers in $267.6751 $698.170 i 5698,1701 5834,145 i (6�3.y3���,y0y0�y Tranflerf W (1Ca[�[.,CCG,1 � Taal OmerSowces(Uses) (1,287.881 65,170 65,1701 134,145 I 1 Net change in wle components - 1 Beginning hind balance - $2.503.392: $1,894.485 S1,894,485; S1,985,320i Endng knit balance 51.894.485 S1 739.187 1, S1.985.320 51 664.065 No or days rakrq capital i 114 i 97 j 109 i j 87 �� PAGE 5 "EXHIBIT A" SPECIAL REVENUE FUND Parks/Recreation 1997-98 Proposed Budget and 1996-97 Revised Budget 02 c6 sy adndsum.wlN OB/sS' i S Increase/ ! S Increase/ :995-96 1996-97 1996-97 (Decrease) 1 %Increase/ 1997-98 (Decrease) %increase., REVENUES Actual Adopted Revised ; Adopted j -Decrease Proposed Adopted -Decrease Permits/Fees S122.945 S100.000 $53.000 j (s47.000)i -47.0%' S50,000; (S50.000„ -50 C% Miscellaneous 24,540, 0 1.100, 1.100 100.0% 0: 0, 0=; interest 5N 10 0% 3 40: (2 0351i -37.'; Total Revenues $154.130 $105,500 $60,150; ($45,350M 43.0%! S53,465! ($52,035)j 49.3% EXPENDITURES Parks and Recreation $15.4981 s0 s0 SO' 0.0%; 01 0 Park Improvements j 120,404 0' 12,8281 12.828! 0.0%`: 0 01 0 Land 73.957 122.000. 55-0001 7 54.9% Q I (122 000 -10C C'a Total Expenditures i $209,859: $122.000 $67,828 ($54,172 -44.4% $01 ($122,000� -100.0% I Net Reeertlles ($55,729) ($16.500)1 ($7,678� $8,822 1 $53,465 $69,965 I I{ I i Bond proceeds � SO I SO: j f SO I ' Tramfer to other fund G/1 (S56.87511 =37 IIII 4� Total Other Swces/(Uses) SO (S56,875� (S56,875 ! (S53,594i 1 1 i i i aegnum;NOSaance S139.971; S84,242 S84,242 i S19,689' Gndrg Fund Balance S84-242: S10 867 S19.6891 i Sig`,2�2Q I I i PAGE 6 "EXH BIT A" SPDC - OPERATING FUND Parks/Recreation 1997-98 Proposed Budget and 1996-97 Revised Budget 02.56 PM a*414ffn.wkA 06429497 i S Increase/ S Increase/ i 1995-96 1996-97 1996-97 I (Decrease) %Increase/ 1997-98 (Decrease) %Increase/ REVENUES Actual Adopted Revised Adopted -Decrease j Proposed Adopted -Decrease Sales7ax S738.354i S923,0001 $1.050.0001 S127,000! 138%; $1.357.500 S434,500 471% Interest 25.271 22<000i 41.250; 19250 1 875Ye 41-2501 19,250', 87.5%' Total Revenues $763,625 $945,000 $1,091,250 $146,250 1 15.5%1 $1.398,750 $434,500 46.0% EXPENDITURES Personnel S46.920 S50,229! $50,229: s0 0 0% $46,314 (S3,915)1 -7 8% Operat,ons S4.805' S4,800I S4,800 j 0 0 0% S0; (4.800)1 -100 0% i I , Capital s0 s0 so 0 0 0%; SO! 0' 0 0 Pay Plan Implementation SQ', Q �Q Q I 0.0% ,q7�Q 700 Total Expenditures $51,725 i $55,029 $55.029 $O 0.0% $47,014 ($8,015� 14.6% Net fleve s $711,900 S889,971 $1,036,221 $146,250 $1,351.736 S461,765 �I Transfers ou (4C5 200)l (344.7701 (969,770 i i (651,812� Prxeens Own C.O.Sale Total Other Sorces(Uses) (405,200p (344,770� (969,770� (651,812� I Segrerq Fund Balance S393.846 S700,546 $700,546 I I $766,997 En6nq Fub Balance S700 546' S1 245 747 S766.997 I $1.466.921 ��^// PAGE 7 , "E,XH BIT A" SPDC - DEBT SERVICE FUND Parks/Recreation 1997-98 Proposed Budget and 1996-97 Revised Budget 02:58 PM allndsum.aa OW9/97 i iS Increase/ S Increase/ 1995-96 199E-97 1996-97 ; (Decrease) %Increase/ 1997-98 1 (Decrease) %Increase/ REVENUES Actual Adopted Revised j Adopted -Decrease Proposed Adopted -Decrease Interest income $16425, VZ.44Q j $15,0001 (S7.000 -31.8%! M.5I (S21 725JI -98 8% Total Revenues $16,425 $22,000', $15,000, e ($7,000� J1.8% f275i (f21,725) •98. A,8 i I EXPENDITURES I Principal S95,000 i S110,000 $345.0001 S235,0001 213 6% S205,000 i S95,coo 86 4% Interest 282,901 234,770I 305.829 71,0591 30 391e 446,812! 212,042 90 3%' Admen Expenses t_000 i 50 0%' Z QQQ i 1 000 100 0% Total Expenditures $378.601 $345,770 $652.329 $306.5591 88.7% $653,812 i $308,042 89.1%: Net Revenues (f362,176)j (f323,7701 (f637,329 (f313,559 ! (f653,537� $309.042, Prxeeds from bond sale SD SDI so SO Tnnsten In S363.200 S344 7 I S3 9.770 1 1 Taal other Sourceswsesl S363,200 S344,770I S379,770 S651,812 i fleytwg Fund Balame S263.767, S264,791 $264.791' S7,232 j En6lq Ford Balance S264791. 5285 791 S7232 S5.507 713-10-7— PAGE 8 "E,XH BIT A" PROPOSED BUDGET 1997-98(REVISED) ALL FUNDS SUMMARY EXPENDITURES BY FUND/CATEGORY 1996-97 1996-97 1997-98 SIncrease/ %Increase/ 1995-96 Adopted Revised Proposed (Decrease) -Decrease FUND Actual Budoet Budget Budget Adopted Adopted General Fund Personnel 4,781,025 6,075,068 6,304,711 7,241,216 1,166.148 19.2% Operations 2,707,550 3,363.706 3,485,448 4,570,454 1,206,748 35.9% Capital Outlay 677,982 1,140.453 1,238,874 725,547 (414,906) -36.4% Pay Plan Implementation- 1/98 0 0 0 285,409 285,409 100.0% Total 8,166,557 10,579.227 11,029,033 12,822,626 2,243,399 21.2% Debt Service Fund Debt Service 1,490,094 1,683,946 1,687,446 2,449,983 766,037 45.5% Total 1,490,094 1,683,946 1,687,446 2,449,983 766,037 45.5% Utility Fund Personnel 582,751 590,250 683,955 868,260 278,010 47.1% Operations 4,215.240 3,867.100 3,842,962 4,172,545 305,445 7.9% Capital Outlay 424,960 651,720 659.970 707.000 55,280 8.5% Debt Service 824,132 1,448,048 1,448,048 2,062,490 614,442 42.4% Pay Plan Implementation- 1/98 0 0 0 15,705 15.705 100.0% Total 6,047.083 6,557,118 6,634,935 7,826,000 1,268,882 19.4% Special Revenue- Parks/Recreation Fund Operations 48,597 0 11,133 0 0 0.0% Capital Outlay 161,263 122,000 55,000 0 12( 2,000) -100.0% Total 209,859 122,000 66,133 0 (122,000) -100.0% SPDC Fund Personnel 46,920 50,229 50,229 46,314 (3,915) -7.8% Operations 4,805 4,800 4,800 0 (4,800) 100.0% Capital Outlay 0 0 0 0 0 0.0% Debt Service 378,601 345,770 652,329 653,812 308,042 89.1% Pay Plan Implementation- 1/98 0 0 0 700 700 100.0% Total 430.326 400,799 ' -707,358 70b,b26 300,027 74.9% . GRAND TOTAL ALL FUNDS 16,343,920 19,343,090 20.124,905 23,799,435- 4,456,345 23.0% EXPENDITURE CATEGORY Personnel 5,410,696 6,715,547 7,038,895 8,155,790 1,440.243 21.4% Operations 6.976,191 7,235,606 7,344,343 8,742,999 1,507.393 20.8% Capital Outlay 1.264.205 1,914,173 1,953,844 1.432,547 (481,626) -25.2% Debt Service 2,692,827 3,477.764 3.787,823 5,166,285 1,688,521 48.6% Pay Plan Implementation-1/98 0 0 0 301,814 301,814 100.0% GRAND TOTAL ALL FUNDS 16,343,920 19,343,090 20,124,905 23,799,435 4,456,345 23.0% PAGE 9 "EXHIBIT A" PROPOSED BUDGET 1997-98(REVISED) ALL FUNDS SUMMARY EXPENDITURES BY FUND/DIVISION/CATEGORY 1996-97 1996-97 1997-98 $ Increase/ %Increase/ 1995-96 Adopted Revised Proposed (Decrease) -Decrease GENERAL FUND Actual Budget Budget Budget Adopted Adopted City Secretary/Mayor/Council Personnel 88,336 98,903 94,145 96,034 (2,869) -2.9% Operations 151,847 157,463 122,932 135,890 (21.573) -13.7% Capital Outlay 15,775 6.887 7.500 5.488 (1,399) -20.3% Total 255,958 263,253 224,577 237,412 (25,841) -9.8% Human Resources Personnel 0 44,294 56,329 90,572 46,278 104.5% Operations 0 51,716 76,670 77,916 26,200 50.7% Capital Outlay 0 0 3.000 0 0 100.0% Total 0 96,010 135,999 168,488 72.478 75.5% City Manager's Office Personnel 322,921 389,989 418,552 282,545 (107,444) -27.6% Operations 90,374 49,613 74,506 64,075 14,462 29.1% Capital Outlay 19.229 6.700 12,300 3.500 (3,200) -47.8% Total 432,524 446,302 505,358 350,120 (96,182) -21.6% Support Services Personnel 25,833 28,218 27,272 28,101 (117) -0.4% Operations 887,309 937,792 1,136,005 1,173,600 235,808 25.1% Capital Outlay 68,169 79,150 98,000 8.900 (70,250) -88.8% Total 981,311 1,045,160 1,261,277 1,210,601 165,441 15.8% (aloe Finance Personnel 196,245 238,462 250,012 249,400 10.938 4.6% Operations 103,894 135,379 143,191 161.036 25,657 19.0% Capital Outlay 90.525 7.750 30,373 0 (7,750) -100.0% Total 390,664 381,591 423,576 410,436 28,845 7.6% Municipal Court Personnel 125,883 121,545 159,015 154,091 32.546 26.8% Operations 71,002 95,475 95,486 119,339 23,864 25.0% Capital Outlay 9.344 2.800 6.150 3.500 700 25.0% Total 206,229 219,820 260,651 276,930 57,110 26.0% Teen Court Personnel -26,679 35,816 28,782 37,604 1,188 3.3 - ys°� Operations 8,976 15,640 14,655 17,605 1,965 12.6% Capital Outlay 2.930 z_ 7.210 7( 501 -100.0% Total 38,585 52,206 50,647v 54"9 2,403 4.6% Community Services Personnel 0 0 0 210,101 210,101 100.0% Operations 0 0 0 140,562 140,562 100.0% Capital Outlay 0 0 0 9.450 9.450 100.0% Total 0 0 0 360,113 360,113 100.0% Fire Services Personnel 714,706 893,272 927,272 1,020,491 127,219 14.2% Operations 107,846 175,429 178,327 305,736 130.307 74.3% Capital Outlay 79,373 273,563 273,563 201,497 (72,066.) -26.3% (low, Total 901.925 1,342,264 1,379,162 1,527,724 185,460 13.8% 7,d/41 PAGE 10 "EXHIBIT A" PROPOSED BUDGET 1997-98(REVISED) ALL FUNDS SUMMARY EXPENDITURES BY FUND/DIVISION/CATEGORY 1996-97 1996-97 1997-98 $Increase/ %Increase/ 1995-96 Adopted Revised Proposed (Decrease) -Decrease GENERAL FUND Actual Budget Budget Budget Adopted Adopted Police Services Personnel 1,117,320 1,617,572 1,666,370 2,031,925 414,353 25.6% Operations 173,125 248,575 257,127 354.535 105,960 42.6% Capital Outlay 98,615 281,703 287,125 225,486 (56,217) -20.0% Total 1,389,060 2,147,850 2,210,622 2,611,946 464,096 21.6% Public Safety Support Personnel 660,759 707,761 719,442 697,132 (10,629) -1.5% Operations 136,948 175,549 181,865 214,673 39,124 22.3% Capital Outlay 38,010 52,642 71,056 71,075 18.433 35.0% Total 835,717 935,952 972,363 982,880 46,928 5.0% Building Inspection Personnel 289,754 352,464 380,093 463,397 110,933 31.5% Operations 56,026 72,140 64,340 96,680 24,540 34.0% Capital Outlay 5.448 29,000 65.517 36,650 7.650 26.4% Total 351,228 453,604 509,950 596,727 143,123 31.6% Streets/Drainage Personnel 416,636 420,063 420,063 420,649 586 0.1% Operations 370,467 377,055 395,100 428,480 51,425 13.6% Capital Outlay 83,935 99,800 85,630 62,500 (37,300) -37.4% Total 871,038 896,918 900,793 911.629 14,711 1.6% Public Works Administration Personnel 245,989 390,689 390.393 411.440 20,751 5.3% Operations 109,881 231,461 122,365 392.312 160,851 69.5% Capital Outlay 4.468 101,338 73,292 52,776 (48,562) -47.9% Total 360,338 723,488 586,050 856,528 133,040 18.4% Parks and Recreation Personnel 196,403 289,721 339,776 539,468 249,747 86.2% Operations 311,277 464,679 468,528 722,870 258,191 55.6% Capital Outlay 116,294 198,370 214,613 39,400 15( 8,970) -80.1% Total 623,974 952,770 1,022,917 1,301,738 348,968 36.6% Community Development Personnel 292,053 382,412 `373,755 445t11 63,199 16.5% 7'� '_ Operations 82,106 124,745 114,104 114,115 (10,630) -8.5% Capital Outlay 41336 Q $QQ_ 5 325- 5.325 100.0% Total 417,495 507,T57- 488,664- 565,451" 57,894 11.4% Economic Development Personnel 61,508 63,887 53,440 63,255 (632) -1.0% Operations 46,472 50,995 40,247 51,030 35 0.1% Capital Outlay 2.531 0 2.740 0 0 0.0% Total 110,511 114,882 96,427 114,285 (597) -0.5% Pay Plan Implementation- 1/98 0 0 0 285,409 285,409 100.0% TOTAL GENERAL FUND 8,166,557 10,579.227 11,029,033 12,822,626 2,243.399 21.2% �� /� PAGE 11 "EXHIBIT a" PROPOSED BUDGET 1997-98(REVISED) ALL FUNDS SUMMARY EXPENDITURES BY FUND/DIVISION/CATEGORY 1996-97 1996-97 1997-98 $ Increase/ %Increase/ 1995-96 Adopted Revised Proposed (Decrease) -Decrease Actual Budget Budae Budget Adopted Adopted DEBT SERVICE FUND Principal 908,600 947,350 947,350 1,092,350 145,000 15.3% Interest 579,194 734,096 734,096 1.351,633 617,537 84.1% Administrative Expenses 2.300 2.500 6.000 6.000 3.500 140.0% Total 1,490,094 1,683.946 1,687,446 2,449,983 766,037 45.5% TOTAL DEBT SERVICE FUND 1,490,094 1,683,946 1,687,446 2,449,983 766,037 45.5% UTILITY FUND Water Utilities Personnel 464,002 460,242 542,255 679,168 218,926 47.6% Operations 3,084,619 2,883,235 2,840,862 3,177,645 294,410 10.2% Capital Outlay 402.114 512,720 484,470 587,725 75,005 14.6% Total 3,950,735 3,856,197 3,867,587 4,444,538 588,341 15.3% Wastewater Utilities Personnel 118,749 130,008 141,700 189,092 59,084 45.4% Operations 736,765 475,865 536,100 494,900 19,035 4.0% Capital Outlay 22.846 139,000 175,500 119,275 (19,725) -14.2% Total 878,360 744.873 853,300 803,267 58,394 7.8% Sanitation Personnel 0 0 0 0 0 0.0% Operations 393,855 508,000 466,000 500,000 (8,000) -1.6% Capital Outlay 0 0 0 0 0 0.0% Total 393,855 508,000 466,000 500,000 (8,000) -1.6% Non-Departmentalized Other 0 0 0 0 0 0.0% Debt Service 824,132 1,448,048 1,448,048 2.062 490 614,442 42A% Total 824,132 1,448,048 1,448,048 2,062,490 614,442 42.4% Pay Plan Implementation- 1/98 0 0 0 15,705 15.705 100.0% TOTAL UTILITY FUND 6,047,083 6,557,118 -61634,935 7,828 000 1,268,882 19.4% =� ` SPECIAL REVENUE- PARKS/RECREATION FUND a =_ Operations 48,597 0 11,133 0 0 0.0% Capital Outlay 161,263 122,000 55,000 0 12( 2.000) -100.0% Total 209,859 122,000 66,133 0 (122,000) -100.0% SPDC FUND Personnel 46,920 50,229 50,229 46,314 (3,915) -7.8% Operations&Maintenance 4,805 4,800 4,800 0 (4,800) -100.0% Capital Outlay 0 0 0 0 0 0.0% Debt Service 378,601 345,770 652,329 653,812 308,042 89.1% Pay Plan Implementation- 1/98 0 0 0 700 700 100.0% Total 430,326 400,799 707,358 700,826 300,027 74.9% GRAND TOTAL 16,343,920 19,343,090 20,124,905 23,799,435 4,456,345 23.0% 7td-16 PAGE 12 "EXHIBIT A" SCHEDULE OF NEW REQUESTS (revised) 08/29197 FY1997-98 01 37 PM TOTAL DEPARTMENT/Division ITEM AMOUNTPERSONNEL OPERATIONS CAPITAL GENERAL FUND 100-GENERAL GOVERNMENT 100-City Secretary/Mayor/ Two 4 drawer lateral fire-proof file cabinets 5.48L 0 0 5.488 City Council TOTAL 5.488 0 0 5,488 103-City Managers Office Personal Computer&Printer 3 -QQ 0 0 3.500 TOTAL 3.500 0 0 3,500 105-Support Services Heavy duty 3-hole drill 4.400 0 0 4,400 New sound system for Council Chambers 4.500 Q Q 4.500 TOTAL 8,900 0 0 8,900 109-Community Services Operation of Senior Center 8,700 0 8,700 0 Furniture,appliances for Senior Center 7.700 0 0 7,700 Computer,printer for Senior Center office 1.750 Q Q 1.750 TOTAL 18,150 0 8,700 9,450 106-FINANCE 107-Municipal Court Computer Upgrades 2.000 0 0 2,000 Computer Hutch 500 0 0 500 Dot Matrix Printer 500 0 0 500 Book Shelf ND Q Q M TOTAL 3.500 0 0 3,500 130-PUBLIC SAFETY 131-Fire Services Defibrillators -12,000 0 0 12,000 Life Pak upgrade 10,000 0 0 10,000 High Rise Nozzles 4,200 0 0 4,200 Life Pak 11 New 16,500 0 0 16,500 Kiser Sled 2.000 0 0 2,000 150 lb.Rescue Mannequin ;; 900 0 0 908 Digital Camera 1,095 0 0 1,95} Camera(35) _ 2,313 0 0 2,313 Hydrocarbon Tester 1.009 0 0 1.089 Emergency Management 0 7,948 0 Oxygen Monitors --7:100 0 0 2,100 SCBA Compressor 36,C00 0 0 36,000 Hose Washer 12,000 0 0 12,000 Explorer for Fire Marshal 28,300 0 0 28.300 Expedition for Deputy Director,fully equipped 55,000 0 0 55.000 Retrofit for the 2 ton GMC fire truck 18,000 Q Q 18,000 TOTAL 209,445 0 7,948 201,497 716-17 PAGE 13 "EXHIBIT A" SCHEDULE OF NEW REQUESTS (revised) 081zeio�7 FY1997-98 01 37 zy TOTAL DEPARTMENT/Division ITEM AMOUNTPERSONNEL OPERATIONS CAPITAL GENERALFUND 130-PUBLIC SAFETY 132-Police Services One Public Safety Officer 45,295 45,295 0 0 Replacement Body Armor 3.000 0 3.000 0 Portable Radios for New Personnel(5) 6,500 0 0 6,500 Six Police Bicycles with accessories 8,555 0 0 8,555 Chairs(4),desks and shelves for offices 2,425 0 0 2,425 Night Vision Device 2,500 0 0 25C0 NE Street Crimes Unit 2.648 0 2.648 0 Charging System for Battery Maintenance 1,900 0 0 1.900 Wireless Video Camera for investigations 2,500 0 0 2.500 Hand held video camera 8mm for Sgt's vehicle 599 0 0 599 Pepper Mace OC Spray for all members 1,890 0 0 1.890 Spare Motorcycle radio accessories 700 0 0 700 Stinger Pursuit Termination Devices 1,800 0 1,800 0 Motorola Vehicle Radio Modem(VRM) 3,500 0 0 3,500 Air Compressor/Minor Tools 1,353 0 0 1,353 Patrol Vehicle-Crown Victoria,fully equipped 35,897 0 0 35,897 Patrol Vehicle-Crown Victoria,fully equipped 35,897 0 0 35,897 Vehicle for PSO-Tahoe,fully equipped 57,395 0 0 57,395 Program car for detectives 17,737 0 0 17,737 Vehicle for Deputy Director-Explorer,fully equipped 34,668 0 0 34,668 Replacement in-car video cameras(2) 11,470 Q Q 11.470 TOTAL 278,229 45.295 7,448 225,486 133-Public Safety Support Jail Monitor Upgrade 4,100 0 0 4.100 Vehicle Mounts for Laptop Computer 8,750 0 0 8.750 Office Equipment 3.225 0 0 3.225 Tower PC's (3),Utility Laptops(14) 36,000 0 0 36.000 Presentation Laptops 19,000 Q Q 19,000 TOTAL 71,075 0 0 71.075 140-PUBLIC WORKS 142-Building Inspections One Building Inspector(w/computer) 33,308 30,808 500 2.000_ Plans Examiner -- ' i 41,308 36,808 500 Software,desk 8 chair 1,150 0 0 1,TW Mobil radio t11;W 0 0 1,500 Mobil radio - 1,5QQ:- 0 0 1,500 Monitors 0 0 500 Printer 1.500 0 0 1.500 File Cabinets 500 0 0 500 Pickup for Building Inspector 24,000 Q Q 24,000 TOTAL 105,266 67,616 1,000 36,650 144-Streets and Drainage Letter Labeling System 4,500 0 0 4.500 Dump Truck 42,000 0 0 42,000 Mowing Tractor 16000 Q Q 16-000 TOTAL 62,500 0 0 62,500 �� /� PAGE 14 "EXHIBIT A" SCHEDULE OF NEW REQUESTS (revised) oarewq, FY1997-98 01 37 P-A TOTAL DEPARTMENT/Division ITEM AMOUNTPERSONNEL OPERATIONS CAPITAL GENERALFUND 140-PUBLIC WORKS 146-Public Works Admin. GIS software 23.478 0 0 23,478 Computer-UNIX 11,200 0 0 11,200 Office Furniture 2.663 0 0 2,663 Color Printer 3.735 0 0 3,735 Sun Memory 2,700 0 0 2,700 Surface Monumentation 29,400 0 29,400 0 TAD Tape Conversion 1.200 0 1,200 0 WORM Drive 600 0 0 600 Jet Direct Cards 1.000 0 0 1,000 Portable Radios(2) 5,400 0 0 5,400 Computer-City Engineer 2= Q Q 2-QQQ TOTAL 83.376 0 30.600 52,776 145-PARKS AND RECREATION 145-Parks and Recreation Trailer 4,900 0 0 4,900 Software/Computers 12,500 0 5,000 7,500 Safety Net 2,000 0 0 2,000 Library Books 10,000 0 0 10,000 Gang reel mower 15,000 Q Q 15.(awl 000 TOTAL 44,400 0 5,000 39,400 150-COMMUNITY DEVELOPMENT 150-Community Development Current Planner 41.693 37,668 0 4,025 Corridor Study Ph.2 Concept Development 15,000 0 15,000 0 HP Laser Printer 1.300 Q Q 1300 TOTAL 57,993 37,668 15,000 5,325 GRAND TOTAL GENERAL FUND 951,822 150,579 75,696 725, '' Capital items to be funded through certificates of obligation,with the exception of Library books in Department 145-Parks/Recreation,to be funded-9;41911 current dperations may=` 7id-19 PAGE 15 "EM BIT A" SCHEDULE OF NEW REQUESTS (revised) M29197 FY1997-98 3'1'?M TOTAL DEPARTMENT/Division ITEM AMOUNT PERSONNEL OPERATIONS CAPITAL UTILITY FUND 147-Water Utilities One Equipment Operator 23,940 23,940 0 0 One Maintenance Worker-Water Dist. 20,122 20,122 0 0 Two Maintenance Workers-Fire Hydrant&Inspect. 40,244 40.244 0 0 GIs Analyst 58,403 38,528 0 19.875 Fireproof file cabinet and four drawer file cabinet 1,000 0 0 1.000 Light tower 4,000 0 0 4.000 Tapping Machine 1,700 0 0 1.700 3/4 ton pickup 27.900 0 0 27 900 1 ton utility truck 37.950 0 0 37.950 Air compressor,sandblaster,generator 5,700 0 0 5 700 Four Computers-(1)personal and(3)laptops 10,600 0 0 10.600 Radios 6,800 0 0 6.800 Storz steamer nozzle connection 58,000 0 0 58.000 Vibratory Compactor 3,400 0 0 3.400 Water Meters 101,200 0 0 101.200 Meter Auto Read Equipment 174,000 4 4 174 .00 TOTAL 574.959 122,834 0 452.125 148-Sewer Utilities One Equipment Operator 23,940 23,940 0 0 One Maintenance Worker 20,122 20,122 0 0 3/4 ton pickup 27,900 0 0 27.900 6"Diesel pump 48,500 0 0 48,500 Auto Crane Hoist 11,025 0 0 11.025 SCBA 3.500 0 0 3.500 Tripod 2,750 0 0 2.750 Two Ventilators 2.400 0 0 2.400 Two Gas Detectors 5,600 0 0 5,600 All Terrain Vehicle 9,500 0 0 9.500 Mobile radio 5,300 0 0 5.300 Laptop Computer 2.800 Q 0 2.800 TOTAL 163,337 44,062 0 119,275 GRAND TOTAL UTILITY FUND 738,296 166,896 0 571.400 TOTAL ALL FUNDS 1.690,118 317,475 75,696 1.296.947 /��D PAGE 16 "E MM IT A" SCHEDULE OF UNFUNDED NEEDS (revised) OWW97 FY1997-98 0277 PM TOTAL DEPARTMENT/Division ITEM AMOUNT PERSONNEL OPERATIONS CAPITAL GENERALFUND 100-GENERAL GOVERNMENT 100-City Secretary/Mayor/ Administrative Clerk 19,949 19,949 0 0 City Council Desk 600 0 0 600 Chairs(2) 600 0 0 600 Personal Computer 4,000 0 0 4.000 Printer 1.500 Q Q 1.500 TOTAL 26,649 19,949 0 6.700 102-Human Resources Supervisory Academy Training Program 17,000 0 17.000 0 HRIS System 5.000 Q 5.000 Q TOTAL 22.000 0 22,000 0 105-Support Services GBC Binder 600 0 0 600 Cargo Van for Building Maintenance Worker 20,000 0 0 20.000 Portable recorder w/exterior mike for taping 500 0 0 500 Additional lease space 45,000 0 45,000 0 Upgrade city-wide telephone system 200,000 0 0 200,000 Wireless network for remote data terminals 130,000 Q Q 130,000 TOTAL 396,100 0 45,000 351,100 109-Community Services "Southlake Today'video production 30,000 Q 30,000 Q TOTAL 30,000 0 30,000 0 106-FINANCE 106-Finance Purchasing Agent(PA) 38,528 38.528 0 0 Office Furniture for PA 2,030 0 0 2,030 Computer for PA 2,300 0 0 2.300 Fixed Asset Inventory Update 13,000 0 13,000 0 Utility Billing Bar Code System 62,000 0 62.000 - 0 Finance Software Package. 283,000 0 283,000 0, Color Copier 2,500 0 0 2,500., Digital Imag7ng-Records Storage75.000 Q 75.0007. TOTAL 478.358 38,528 433,000 6.830 130-PUBLIC SAFETY -w:, 131-Fire Services Education&Prevention Officer w/furniture 43,622 42,772 0 850 Education&Prevention Officer's vehicle,fully equipped 45,853 0 0 45.853 EMS Haz-mat Tech 35,618 35,618 0 0 Furniture for one employee 850 0 0 850 Robot for DPS education 6.000 Q Q §�Q TOTAL 131,943 78,390 0 53.553 (Moe 7,d-o2l PAGE 17 "EXHIBIT A" SCHEDULE OF UNFUNDED NEEDS (revised) 08129/97 FY1997-98 02:33 PM TOTAL DEPARTMENT/Division ITEM AMOUNT PERSONNEL OPERATIONS CAPITAL GENERALFUND 130-PUBLIC SAFETY(continued) 132-Police Services Three Public Safety Officer 135,885 135,885 0 0 One Detective 35,920 35,920 0 0 Three Police Officers 113,079 113.079 0 0 One Support Service Supervisor 46,194 46,194 0 0 Cooperative Purchase Keller Intoxlyzer 4,350 0 4,350 0 Portable radios for new personnel(5) 6.500 0 0 6.500 Office furniture for cut positions 1,000 0 0 1,000 Vehicle for PSO-Tahoe,fully equipped 57,395 0 0 57,395 Program car for dectives 17,737 0 0 17,737 Van for combined use by Comm.Svcs,fully equipped 56,037 Q Q 56.037 TOTAL 474,097 331,078 4.350 138.669 133-Public Safety Support Radio Equipment for 800mhz system 268,562 0 0 268,562 Support Technician 27,555 27,555 0 0 Tower PC's and Utility Laptops 6,5W 0 0 6,500 Presentation Laptop 5,000 0 0 5,000 Forte's pen computer 48,650 Q Q 48,650 TOTAL 356,267 27,555 0 328,712 140-PUBLIC WORKS 142-Building Inspections Pickup 24,000 0 0 24,000 One Building Inspector(100%hire with computer) 33,308 30,808 500 2,000 Software,desk&chair 1.150 Q Q 1.150 TOTAL 58,458 30,808 500 27,150 144-Streets and Drainage Two Street/Drainage Maintenance Workers 31,960 31,960 0 0 Concrete planer 3,000 0 0 3,000 1/2 ton pickup 20,000 Q Q 20,000 TOTAL 54,960 31,960 0 23,000 146-Public Works Admin. Vehicle-Drains a Inspector A 9,000 0 0 19.2 ON; GIS software 19,965 0 0 19,965 GIS Analyst(moved) -511X3 38,528 0 19,875 Construction Inspector __ 58 95Q.. 36,931 0 22,019 Vehicle--Pool _ _ Q 0 19.000 TOTAL 175,318 75,459 0 99,859 7/6 _a a, PAGE 18 "EXHIBIT A" SCHEDULE OF UNFUNDED NEEDS (revised) 0812987 FY1997-98 02 03 PM TOTAL DEPARTMENT/Division ITEM AMOUNTPERSONNEL OPERATIONS CAPITAL GENERAL FUND 145-PARKS AND RECREATION 145-Parks and Recreation Park Crew Leader(mid-yr hire) 12,882 12,882 0 0 Park Maintenance 1(mid-yr hire) 10,812 10,812 0 0 Office Assistant(Part-time) 8,632 8,632 0 0 Park Supervisor(mid yr hire) 21,183 21,183 0 0 Recreation Superintendent(mid-yr hire) 24,700 24,700 0 0 Recreation Specialist 27,169 27,169 0 0 SoftwareiComputers 12,500 0 0 12,500 (6)Practice soccer fields($5,000 each) 30,000 0 0 30,000 Renovation of Hockey Court(JU) 25,000 0 0 25,000 Lights,Field#1 JU 45,000 0 0 45,000 Fence Extension AA 5,000 0 0 5,000 Park Entrance Patching 5,000 0 5,000 0 JU Equipment 5,000 0 5,000 0 Resod Field#2 14,000 0 0 14,000 New lights,Field#3 40,000 0 0 40,000 Signage-all parks 7,000 0 7,000 0 Fences#4,#5 16,805 0 16,805 0 1 ton crew cab pickup(Bob Jones Park) 25,000 0 0 25,000 24 Passenger Van 45,000 0 0 45,000 Two Pool Vehicle 30,000 0 0 30,000 Building Maintenance Worker 21.641 21.641 Q Q TOTAL 432,324 127,019 33,805 271,500 150-COMMUNITY DEVELOPMENT 150-Community Development Current Planner 41,693 37,668 0 4,025 Windows NT Upgrade for all computers 6,145 0 0 6,145 Community Development Assistant 28,733 25,133 Q 3 600 TOTAL 76,571 62,801 0 13,770 151-Economic Development Marketing Plan 12.375 Q 12.375 Q TOTAL 12,375 0 12,375 GRAND TOTAL-GENERAL FUND.- 2,725420 823,547 581,030 1,320,843 713-c23 PAGE 19 "EXHIBIT A" CITY OF SOUTHLAKE CHANGES TO 1996-97 ESTIMATED AND 1997-98 PROPOSED BUDGET (Moe_ GENERAL FUND (revised) Revised: 08129/97 CHANGES---------_ 02:27 PM FY 96-97 FY 97-98 Description of Changes Actual Estimated Proposed Budget ,Revenues 100-370.00-Revenues for recreation classes underestimated 179.000 j I Total Change in Revenues ( � 179 000: Expenditures ;City 100-252.00 Move budget from Metroport Cities to Dues/License Renewal 1 (1,0001 Secretary 100-830.00 Annual dues for Metroport Cities 1,0001 100-101.00;Move budget out of regular earnings to cover auto allowance (1,000� (2,400) 100-810.00;Auto allowance for City Secretary not budgeted 1,000, 2,400 100-830.00;Add dues for"Women in Government' 100 1 , City Manager 103-950.00 Personal Computer and Printer 3,500 Support 105-360.00 Remove Additional lease space (45,000a iServices 105-910.00 Remove City-wide telephone system (200,000) 105-950.00 Remove wireless network for remote data terminals (130,000� Locipal 107-830.00!Remove dues for American Bar Association I (275) Court i Fire 131-101.00 Remove Education & Prevention Officer (42,772) Services 131-xxx.00 Miscellaneous reductions in operations expenditures for cut position 1 (4,495) 131-930.00 Remove Education & Prevention Officer's vehicle i (45,853 131-9xx.00 Remove Education& Prevention Officer's furniture (850) Police 132-101.00 Remove two(2)Public Safety Officers I (90,5901 'Services 132-101.00.Remove one(1)Detective i (35,920,4_S 132-xxx.00 Reduce miscellaneous operations&maintenance expenditures 3 (52,49 ' 132-901.00 Remove office furniture for Detective _- ��� (1,0001 132-910.00 Remove five(5)portable radios _ (6,500) 132-930.00 Remove one(1)police vehicle(for PSO), one(1)replacement forfiiigh mileage vehicle(used by detectives), one(1)van for combined use by the Community Services Division (131,169) i 1DPS Support 133-101.00 Change in personnel expenditure estimates 25,000 iServices 133-101.00,Remove Support Technician (27,555 133-950.00'Remove one(1)laptop computer for EMS Hazmat Technician (3,250 133-950.00 Remove one(1)laptop computer for Education&Prevention Officer (3,250� 133-950.00 Remove one(1)presentation laptop i (5,0001 133-950,00 Remove Forte's pen computer (48,6501 1 ng 142-101.00 Add back Plans Examiner and related equipment 41,308I Inspections 142-930.00 Remove replacement vehicle for Building Inspector (24,0001 76 a V PAGE 20 ' "EXMIT A" CITY OF SOUTHLAKE CHANGES TO 1996-97 ESTIMATED AND 1997-98 PROPOSED BUDGET _ GENERAL FUND (revised) Revised: 08/29/97 -----------CHANGES--- 06:10 PM FY 96-97 FY 97-98 Description of Changes Actual Estimated Proposed Budget Streets 144-920.00;Remove Concrete Planer (3,000) 144-930.00:Remove 1/2 ton pickup (20.000) Public Works 146-101.00 Move regular earnings for Capital Projects Coordinator and Public Administration i Works Administrative Assistant to Utility Fund (26,628) (77,630) 146-930.00 Remove pickup for Drainage Inspector (19,COQ) 146-950.00 Remove computer equipment for GIS Intern not hired (19,965) 146-101.00;Move GIS Analyst and related expenditures to Utility Fund (58.403) Parks and ; 145-101.00 jChange in personnel expenditure estimates 52,400 Recreation 145-106.00 Change in personnel expenditure estimates(temporary labor) 35,000 145-101.00 1 Move budget from regular earnings to auto allowance ! (4,800) 145-101.00!Remove Building Maintenance Worker (21,641a 145-246.00,Move budget from mowing to regular earnings (27,400) 145-810.00 Auto allowance for Parks& Rec. Director not budgeted 4,800 145-930.00 Remove 1 ton crew cab pickup for Bob Jones Park (25,000) 145-930.00 Remove 24 passenger van (45,000) 145-930.00;Remove two(2)Pool Vehicles (30,000) (Wnunity 150-101.00 Add one(1)Planner and related equipment 41,693 Development 150-101.00!Remove one(1)Planner and related equipment (41.693) 150-950.00':Remove Windows NT upgrade for all computers in department (6,145) Pay Plan Implementation for full year 135,409 i Total Change in Expenditures $58.37211 Q44 093 NET CHANGE INZ�NERAVECIIVD INX2! 1 23 09 Net Change in Personnel _ __� $84,772 ($305,328i Net Change in Operations and Maintenanee =_ _ ($26,400) ($94,467) ;Net Change in Capital $0 ($779.707) !Net Change in Pay Plan Implementation 135 409' i TOTAL CHANGE $58,372 ($1,044,093) �/u���� PAGE 21 "EXHIBIT A" CITY OF SOUTHLAKE CHANGES TO 1996-97 ESTIMATED AND 1997-98 PROPOSED BUDGET UTILITY FUND (revised) Revised: 08/29/97 --------------CHANGES --------__-- 05:10 PM FY 96-97 FY 97-98 Description of Changes Actual Estimated Proposed Budget Revenues i I Total Change in Revenues $0 i !Expenditures ;Water 147-101.00'Change in personnel expenditure estimates 54,227 j 147-101.00!Move regular earnings for Capital Projects Coordinator and Public j j Works Administrative Assistant from General Fund 26,628 77,630 147-101.00';Move GIS Analyst and related expenditures from General Fund 58,403 147-530.00 Revised estimate for water purchased from Fort Worth 883,681 : 400,000 147-970.00:Building Improvements are already in Capital Projects budget (135,600) ;Sewer 148-101.00;Change in personnel expenditure estimates 14,021 148-797.00!Increase estimate for TRA Maintenance 78,900 i :Pay Plan Implementation for full year 3,705 i ' I Total Change in Expenditures $1.057,457 1 $404,1381 ,NET CHANGE IN UTILITY FUND S1,057.457 i $404,1381 i Net Change in Personnel $94,876 $116,158. :Net Change in Operations and Maintenance $962,581 $264,400 ;Net Change in Capital $0 $19,875 !Net Change in Pay Plan Implementation $0 $3,7051 , TOTAL CHANGE $1,057,457 $404,138 PAGE 22 "EXHIBIT A" 0th O O rt(pp O O O O O O O O O t0 O O O O O O O C P O f0 OO O O OOO 'I! 1Otlo O ff coO O O N O r O N O O OO N 11Y N N O (7 to co to M t� 0 t1 O O O to O � M OO N O O OO Q n m h c0 ? w 1, N n c0 Q N to N 0 to 0 e- aT f. m H 0 N H N cq H /// O (O R at M H to aD 7 (0 N N N a n e9 M cq p M, N H N H H H H H H H H N H H H H H N 17 H V/ H N H H H Q O O O O o O O O O O O O O O O O O O O O O O O O O O O O O O O O O GoN N W, H Go H H H H H N H H H H H N W, N H MI. H N N N H N N H H N H O } O J N U y LL Q' O O O O O O O O O O 0 O 0 0 0 O 0 O o O o O 0 0 0 0 O O 0 O 0 O 0 Q 61 H N 41 H Vf H H 0 00 v H H H H H N CO ta0 H H H H H H N N H N H N H N O } Gl m (7 N (0 l7 O Q H H H H N U y LL 0 0 O 0 0 0 O O O O O O O O O O O O 0 0 0 O O O O O O O 0 0 to 0 0 Q 00 H CO V/ cA H H H N 00 (O H H H H H H 0 H H H N H H H H H N OC H cl m N Q Z O } (� N H H N (O'1 co cn N N O J H N H v H H L u H N N f N Q y '^ LL V V O O O O O O O O O O O O O O O m Q O O O O O O O O O O O O O O O •M--� O H O N H N N co H N H H H O O Ln m co H H N N N H H O H O 0 0 0 H N W cm W O O O 7 O O N (7 O N to N cc O O O Ot } O O < < (O CD co O to Q N Q to O O O N N (D 0 to 01 O (A w n N O w J N N V/ N H N H (0 H N W 0 Q LL H N H H H N H N H H z H O o (vn N LL W 1 U a v o 0 0� o o •pp o 0 0 0 0 0 •pp o •S y •pp w 0 off $ o o $ w 0 0 s to H N M H H t, N N H H H O O r, (0 Ct O t0 O O O aD co co 00 LL ` m W p O to pOO t7j O (V a0 (G (`( (O (n O (V N N t(j aD ^Q ?t > V• V aT t!f O (`) C � O aNf co N li LL' Pi Q h N H "' °' M bs M eq ey df en bs a h CD w o } U O LL LL = d O co ao O o 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 N In (D H N O O H H H H H N O H H H O O O O H O O O H H N H H H H H J w act at O O O O O O O tT } M 00 O to r N O N O o O) O J (0 M aD N w Cal N N E 7 ( a J O v H H WI) H H H H H H H N L O 0 = y .JQF- W w L N H N 0 O O O O7 N Vl 0 H H . / 0 O O O VP 0a W cn 0 ^ Q Zo a 0 t0 O C. O L Z N h w ~ H U. W LL W #rrr: :} :• Q H Q 0. a N F a j !n co w rn c ai H ' W W y H y O -� 0) U 2-1 Q = J 2 X W O � t W W ::r;: = a_ W {: m O i;3? p a w w — D a 2 Q Q LL ? a 0 { O p Q_Z j > Z w W �- a v F- W `r Q C: = y Y w z m g 3 , ? v (D N :•:<: ? :`•'•' w z O o m (O o Y O a 0 w = Z v ~ w � ~ w ~ W -� Q a ti U p O �- Y F- ¢ O > Z ` > y W O }O y 0 3 2 N Q a V O LL F- y w 0 U' Q z Q OC W W F- U. Y O uj > = m U J O 0 Z a O > > z J W ¢ J U O w Z F- O to ti F 0 h U _U O Y J F- a m U W OF p LL Q W m W z Z Cl) at a w a W > > y O '' O O F M ~ 04# LL F- U z m J w F- ¢ z � O O w w g 2 w N vi ¢ w Q W 3 z d�u' F W W `- F y O W W ZF > y U O 5 °f0. 2 F- y F U1 } 2 2 F n z O Z Q O w d <::>::> Q F- y w > v� w D p 3 z z o z LL U F y •: y y y W t� J W ¢ QQ U W 2 �i �- p W 0 3 p Z J LL 0) : O z y y w H LL LL D O a Z Z 0 ? g z z z & J W Q F J U H LLJ W u- W 2 W Z Z ? ~ ll! 2 0 0 W w W w z w w W o w w U fn ^. 0 y y X U' LL U y y fA p F- W fi•. 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Q c� cn W m Y f- i= 4 W h ¢ W W 4 w o w = '' z c` d o °z °z o '- ° w '- w w "' w w w 0 3 3 3 0 tu o p ^ � O 1 4 ^ 1 U U Q 4 W 4 4 �0 4 ct a y a 71d-o2 9• PAGE 26 ®EXHEBIT A � 2 O 2 Q o § � § O cr L w 0 § CO ® LU� Q kco [ q co 2 w « 0) 0 ® w % _ Q > q Q. k ® Q LIPa « \ l s 7 2 0 , co0 _ O u / § §_S2 a.O w \ \ g § LU ) » o # o a S � \ \ q _ 2 B iL p QLL _ a 2 q Q D 0 a:uj 1 0 x _ § 7 0 � k k ¢ - ■ Q 0 0 ] E e E E 0 § § UJ ` G � ) \ 2 « o LL ) \ : - O § \ k } % $ 2 2 % e m : - « \ ` -CL \ * w - % & 0 0 2 # % m 2 IX ? ? � 2 / § 0 0 0 ; \ cc « § 0 w w LL m 0 2 ig k % -j � % §} L g cr LU LU a ! � w § G § B j \ s & > co c 2 2 � � PAGE 27 City of Southlake, Texas STAFF REPORT i i _ August 29, 1997 I I CASE NO: ZA97-023 PROJECT: Site Plan /Chevron i STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Site Plan of Chevron on property described as Lot 1, Block 1, Village Center, and being approximately 0.934 acres situated in the Thomas Mahan Survey, Abstract No. 1049. i i LOCATION: On the northeast corner of the intersection of Village Center j Drive and Southlake Boulevard(F.M. 1709). i OWNER: T& M Southlake Development APPLICANT: Chevron Products Company I CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Mixed Use CORRIDOR RECOMMENDATION: Village Center NO. NOTICES SENT: Six (6) RESPONSES: One (1) response was received within the 200' notification area: • Southlake Land, Ltd., 301 Commerce St., Ste., 1205, Fort Worth, TX 76102, in favor. "It will be an added convenience to the residents of Southlake." One(1)response was received outside the 200' notification area: • Chalmers & Dee Ann Williams, 217 Westwood Drive, Southlake, TX, opposed. See attached letter. P&Z ACTION: April 3, 1997; Approved (6-0) applicant's request to table until the April 17, 1997, Planning & Zoning Commission meeting. i City of Southlake, Texas i April 17, 1997; Approved (5-0) Applicant's request to table to j the May 8, 1997 Planning &Zoning Commission meeting. Due to Point System Resolution No. 97-22, this item was further tabled until the May 22, 1997, Planning & Zoning Commission meeting. i May 22, 1997; Approved (7-0) Applicant's request to table to the June 5, 1997, Planning & Zoning Commission meeting. June 5, 1997; Approved (5-0) to table until the July 3, 1997 Planning & Zoning Commission meeting, per P&Z's request. July 3, 1997; Approved (5-2) subject to Site Plan Review Summary No. 2, dated June 27, 1997. COUNCIL ACTION: July 15, 1997; Approved(7-0)to table and to continue the public hearing to the August 19, 1997, City Council meeting, per City Council's request. August 19, 1997; Approved (5-0) on consent to table and to continue the public hearing to the September 2, 1997, City Council meeting, per City Council's request. STAFF COMMENTS: The applicant has met all requirements in Site Plan Review Summary No. 1, dated May 30, 1997, and Site Plan Review Summary No.2,dated June 27, 1997, with the exception of those requirements in Site Plan Review Summary No. 3, dated July 11, 1997. L:\WP-FILES\MEMO\97CASES\97-023SP.WPD n ATTORNEYS&COUNSELORS MUNSCH 40 14 IN PLACE 1445 Ross AVENUE HARDT RECD AUG 131997 DALLAS,TEXAS 75202-2790 KOPF TELEPHCNE(214)855-7500 HARR & FACSIMILE (214)8M-7584 WORLDWIDE WEB HOME PAGE L)INAN, P.C. http,I/www.munsch.com DALLAS 1 AUSTIN WRITER'S DIRECT DIAL 855-7511 August 12, 1997 Mayor Rick Stacy Members of the City Council City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 RE: Case No. ZA 97-023, Site Plan of Chevron, Lot 1, Block 1, Village Center Dear Mayor Stacy and Members of the City Council: This firm represents Chevron Products Company in the application for site plan approval referenced above. This item originally appeared on your July 15, 1997 agenda but was tabled until August 19th. I am writing to encourage you to focus on the merits of Chevron's proposed site plan. Chevron has specifically designed this station to mirror the architectural design of the Village Center development and to blend in with the high quality development occurring in the FM 1709 Corridor. The 1995 Southlake Corridor Study identifies this area as one that "serves as the location for a majority of the local services in the community." Chevron's goal is to continue to serve the community of Southlake. The proposed site plan meets all of the requirements of the corridor overlay zone including facade articulation, mechanical equipment screening, brick columns supporting the canopy and landscaping. In addition, Chevron is proposing to utilize a barrel clay tile roof for the project. I understand that there has been an issue raised regarding possible statements, that there would be no gasoline service station use on the property, made during the original development process. While such statements may or may not have made or intended, the facts are: (1) Chevron had no knowledge of this issue when it selected this location, and (2) A gasoline service station is a use permitted by right in the C-3 zoning district. L Mayor Rick Stacy August 12, 1997 Page 2 Chevron's site plan for this permitted use fully complies with all of the City's development ordinances. Accordingly, Chevron respectfully requests and expects the Southlake City Council to approve this site plan at the August 19th meeting. I am available at your convenience to answer any questions that you may have regarding this matter. Otherwise, I look forward to seeing you at your meeting on the 19th. Sincerely, Brenda N. McDonald cc: Don Walker, Chevron Products Company PAREAL4403911\COUNCIL.LTR BNMc 8/9/97 July 3, 1997 City of Southlake Zoning and Planning Commission(the Commission) Re: Proposed Chevron Gas Station at Village Center Shopping Center: We are in opposition to the proposed Chevron Gas Station at the Village Center Shopping Center for the following reasons: • We believe that current traffic volume and speed on Southlake Blvd. has created a dangerous condition particularly at the Westwood Drive intersection. Until this situation a remedied, any additional commercial building, particularly high traffic generating retail building, that will add to existing traffic flow and congestion should be postponed. We believe that continuing to allow development without addressing traffic speed and controlled access/egress into Westwood Drive will contribute to an already unsafe situation and is irresponsible on the part of developers, the Commission and the City of Southlake. • We are opposed to having a gas station this close to a residential neighborhood. We understand that the developer of the Village Center Shopping Center represented that the Center would not contain any gas stations when the development concept and plat for the Village Center Shopping Center was approved by the Commission. •There are ample gas stations on Southlake Blvd.none of which are this immediately proximate to a residential neighborhood as the one proposed. • We are strongly opposed to the requested sale of alcohol by the gas station. Alcoholic beverages are already available at the Kroger Food Store. The Chevron Station, we believe, will sell single containers. The primary consumer of its sale of single containers will not be the citizens of Southlake,but people driving through Southlake. Moreover, single container sales promotes driving while drinking,which for good reason is illegal in the State of Texas. Given the current traffic flow on Southlake Blvd.,permission to sell alcohol should be denied Sin , W4G� G�4arc44 Chalmers W.Williams Dee Ann Williams 217 Westwood Drive i �C a3 F, 2c % 2K SUnC A-13ft 10 A 2i 1A 3AIC2 2 FoO L IS56 A. 2 5H . FU IC I 381 A58 Ac 2 v3AIN2 ) 4A 10.4A ,17 A - Z,_�1 JU A . A1 02 3 A CU 4C2 - - IC 4C" 4F.0 JOMM)i 9.47_ 3AIH3 23 ST MTRY SAIH JAIHI 2E1 6.7 Ac5 k 39 Ac 6.43 AC 4 A, Fk��T 40 WA —3Ajj2 JAIJI 1&94 40 4c2B 40 W3 Ac 2A.3 ,A Ac THE 401 F4 4G 21ii Atil Ull 2AI AAii i rAST. H storm 6 7 JZOL, 1^1 101 W 11 4� I IL E3 IE 18 1 IC 1A 2D 2F ol i GAIZ IA L 4:1-1 TIA 21 2G 102 o WA 3A 3A2 24.91 Ac 80.1 AC ADDrfJON W.W. HALL I&1A1 SUftfY A-,M X. RICH RD EAD3 WY A-481 3 1A THONA3-m HA W"CV A- 28 2A ....... 1--5c 4 3 2BIA 2CI -7 � . . I d 5 50 jQ.5U i. o MY HAIL 3E t SA ()PTHNEST PKW� 25 Ac 22 Ac M3 2AI 3 Ac 7.565 A, 14 A, fz V2 3 AC fz ON N 302A JD Ap 3C1 3D4 W A orrio SOWNLAKE SLY0. 5C 3A W 3 1 4c 40 -711 7A 21 21 _H111A Itiz,- 3 k zn 5 AC 156 Ac (50RI3 15 Ac Ac e-� --- - 5 0 A6 Ac IRON301 15 Ac.� 7111 Ac 30 302 '4 3 40/ -4— 0 to 21 Ac 4E' TRACT MAP --------------- 3ED r0_9 3; ADJACENT OWNERS E NOR THWES 1 �sA 3. 1Rc AND ZONING SPIN#4 JANET MURPHY i3 TR � G II. 732 @ i I TR � F 1 -� �� •2 0.26 s3.� ti yis ti C3 C3 i TM SOUTHLAKE BLVD. TR � J. FARRAR • TR 6F TR 6 20.2653 O -1 .0 *-419' ^^QQ AIR ----------- STATE OF TEXAS TR•2D its cp) .074 O TR 261 O C 1 TFC.l1 o .164 O -091 O A e AG TR.1B2A TEL INC. = .909 Ac TR 2 01 2.726 AC AG TR 1B2B p M. ZEMBROD 1 U ~ U 25R2 j Z 1.001 O Z Q LL LL . \ TR 182 24 \ 11.219 4- 3 CM LAJ Ej ~ ~ .^ ~ n � v r/ -_- / - City of Southlake,Texas SITE PLAN REMEW SUMMARY e No.:ZA 97-023 Review No: Three Date of Review: 7/11/97 Project Name: Site Plan-Lot 1,Block 1 Village Center.Ph I, Chevron Products Co APPLICANT: ENGINEER: Chevron Products Co. Robert H. Lee&Associates. Inc. 9150 Royal Lane, Suite 170 1137 North McDowell Boulevard j Irving, Texas 75063 Petaluma. California 94954 Phone: 9721621-6000 Phone: 707) 765-1660 Fax: (272) 621-6012 Attn: Don Walker Fax: Attn: James H. ay CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/07/97 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. * The applicant has met the requirements of previous reviews. * The building facades meet the articulation requirements of Ord. 480, Sect. 43.9c 1 c. I The applicant should be aware that all mechanical units, satellite dishes, etc. must be fully screened of view from adjacent R.O.W.'s. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. i * It appears that this property lies within the 75 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit a fully corrected site plan, landscape plan, irrigation plan,and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water& Sewer Impact and Tap Fees,and related Permit Fees. * Denotes Informational Comment cc: RHL Design Group Inc. Chevron Products Company LAWP-FILES\REV\97\97023SP3.WPD I-A I z 141is' i ;� Y 1' .w l� l t t i ± I ` I I � ! i ! I ` WO H ! I I J A W i 4 I cn tug ..71 -ji-J SS-MOV MLSOG AVMBNO ar"d OMLqn ssw3v un ol ui ssawy iol 34 3Ma U31IN3O GOVI-M —1c cu te. --- --- di -� -- 9.1. a O 1- El UN li i w s'. iS ''• It Cr) ' .•vr .rx aft � t )�i 'ia — =. .-- �< mvn jI -14 r is env i '1= I I ' •' _ I !ire iT i`�.• Da :#Q!a j W{ I tl J I -- - `` i rn,. i ca 1 LT 01 I WLul i I I I s > I W. I . J fit allw� -. Iil w al "' Ef f`• CQ �QC. J r t IN; 0 • � t �� �vif � uV air aa 3 j �3 53a� # �, �`Y•• F ^` N 4 pp W s - -./1 {-.9 it n a•.+ t a 3 .yypp2) OZZ= a { {•t' 'i � j w�s .3 Z' Q. • ' w LLJ c I cr oLu 1 - w. TC cni 5co - cc '4 I l�Y':�/ln'IT�.•Yl'.Q I •7 ( t :) O, i•� City of Southlake, Texas j STAFF REPORT August 29, 1997 I ' CASE NO: ZA 97-024 PROJECT: Resolution No. 97-491 Specific Use Permit Sale of Packaged Beer for Off-Premise Consumption Chevron/Lot 1/13lock 1/Village Center STAFF CONTACT: Dennis Killough, Planner I 481-5581, Ext. 787 Karen P. Gandy, Zoning Administrator 481-5581, Ext. 743 i i REQUESTED ACTION: Specific Use Permit for the sale of packaged beer for off-premise consumption for Chevron,per Zoning Ordinance No. 480, Section 45.1 (1) and 45.6 (a and b). The property is described as Lot 1, Block 1, Village Center, and being approximately 0.934 acres situated in the Thomas Mahan Survey, Abstract No. 1049. LOCATION: On the northeast corner of the intersection of Village Center Drive and Southlake Boulevard (F.M. 1709). OWNER: T & M Southlake Development .PPLICANT: Chevron Products Company CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Mixed Use CORRIDOR RECOMMENDATION: Village Center NO. NOTICES SENT: Six (6) RESPONSES: One (1) response was received within the 200' notification area: • Southlake Land, Ltd., 301 Commerce St., Ste. 1205, Fort Worth, TX 76102, in favor. "It will be an added convenience to the residents of Southlake." P&Z ACTION: April 3, 1997;Approved(6-0) applicant's request to table until the April 17, 1997 Planning & Zoning Commission meeting. April 17, 1997; Approved (5-0) applicant's request to table to the May 8, 1997 Planning & Zoning Commission meeting. Due to Point System Resolution No. 97-22, this item was further tabled until the May 22, 1997 Planning & Zoning Commission meeting. i May 22, 1997; Approved (7-0) applicant's request to table to the June 5, 1997 Planning & Zoning Commission meeting. June 5, 1997; Approved (5-0) to table until the July 3, 1997 Planning & Zoning Commission meeting, per P&Z's request. July 3, 1997; Approved (5-2) subject to Site Plan Review Summary No. 2 dated June 27, 1997. COUNCIL ACTION: July 15, 1997; Approved(7-0)to table and to continue the public hearing to the August 19, 1997, City Council meeting, per City Council's request. August 19, 1997; Approved (5-0) on consent to table and to continue the public hearing to the September 2, 1997, City Council meeting, per City Council's request. STAFF COMMENTS: The applicant has met all requirements in Site Plan Review Summary No. 1, dated May 30, 1997, and Site Plan Review Summary No. 2, dated June 27, 1997, with the exception of those requirements in Site Plan Review Summary No. 3, dated July 11, 1997. L:\WP-FELES\MEMO\97CASES\97-024SU.WPD 2 4 A,. 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TEL SUPPORT INC. = V .909 AC TR 2 01 2.726 AC AG TR 1B2B lie04 p M.ZEMBROD 1 U ' N U) t U 25R2 b x Z 1.001 O Z ¢ LL , LL lL 2 . ti \ TR 1B2 24 - \ 11.219 C N U W J:7 s o t I ••—• ! iiii ii S s it .. .. .. .. ` .. er =- fir � d • a2 f1� 'D EE E�, _- 1 1 =f s ^y QQ• y 1 J �p4. fifi rw Ij[¢ ' + -- -- -' •S:' -- .. .. _.S�r' S�o� it)T'R�!Ifi1 a FidRyl-i:9 511� }71 t I 3;I d„ "_ � 4 " =ail +33 �� !e ii ti f; F s i �icla4 m itiitr i §§p•� I aaSF i I I 9v9§ R I 1 ;�" e6 lab 6 i I - C �, g9 $ 4 1 ' °! q g1 C f9 alll�a I e1 - -- ---- -- - - - =---------------- i �` rn - RF Q .--I I I I I I I H I I Ift I (� GZ Ek � 11 ,� 't °� Ire g(�.�' ! 'i�;,�����\��C�J 8: 4: I� •� u ,n \�v y • ,,��jj,JJ,��,,..� 1 \ �`� ��� j r � !' '�I ,� •_ \ � �--fir , _i I �d lei t _ t f �� s����& � ��t r w I i �`•f' 3AMI H31143�)�V)VTIIA j ' " -' - t lNjrW13n3a. 35vr.a 3nruni ' eY3�38 �jQ � o i j 1 _ pia ` City of Southlake,Texas SITE PLAN REVIEW SUMMARY e No.: ZA 97-024 Review No: Three Date of Review: 7/11/97 Project Name: Site Plan-Lot 1 Block 1 Village Center,Ph I,Chevron Products Co APPLICANT: ENGINEER: Chevron Products Co. Robert H. Lee& Associates.Inc. I 9150 Royal Lane..Suite 170 1137 North McDowell Boulevard Irving;Texas 75063 Petaluma California 94954 Phone: 972) 621-6000 Phone: 707)765-1660 Fax: (972)621-6012 Attn: Don Walker Fax: Attn: James H. Rav i CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/07/97 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. * The applicant has met the requirements of previous reviews. * The building facades meet the articulation requirements of Ord. 480, Sect. 43.9c 1 c. * The applicant should be aware that all mechanical units, satellite dishes, etc. must be fully screened of view from adjacent R.O.W.'s. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * It appears that this property lies within the 75 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit a fully corrected site plan, landscape plan, irrigation plan, and building plans,must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment cc: RHL Design Group Inc. Chevron Products Company LAWP-FILES\REV\97\97024SP3.WPD I 'A a I I I r '�-• S ! I � III � I I � Y_• i s f S t;^ l I ; ;? � , I• I �T I _ � Ll '. II - —�-. —'�i"`-!I -1- I exv e g � (•1_1 III � ¢`s .i7:t� .lx� ,c�, :� I I !':��;�"li'j.,l'17 �� �� S:t 1�?� I '1 '! "j •I ,� � � I,s � :: a Sa �5�1' 7 i�,l i I I I�t?ti� I,;"� =-�-t{'��'_ �$ '�' � _R - • �u 11 . yfit � i � 3•..1 fYz' I �. �i9f °3j ' �I rYk• RS 1 Y 5 CY) Ile Y•a F.. tl � it sy�w� J-1- SSBOOV M&Sr3 AdMB�* rJNYwarwserri --- o I 1 � I ` • —� d m I ~ I y I I L� tu;e `sgA TN >: t. I•s - V� I I I i 3ARl4!l31N3�3'JVTiL\ � I ' N Q idl q ID q t f qa) O�I r ——— i] i] f_I� • , I - b b b L ��4� - - �• TIT TTI TA I I I — O � ii b 1 L b d �.1i); .� L I L h i S - - S ``jj itj V ,Q 'F L SAD. O ;C YY I -1 1 Eq !ta i N a! W O ! �gMg�S Y33ne� •� � �• I y- t a■ .s;c Ia I.:.l..b.! i_ El r Oi d J >lip CC cn s 2� z Q a O 'l i pj i w . •l�l:t e Jf < 4 g j a i 9ME) < aKoW a$s. y� o s•� S 1 p aVo33 S : 3jz z viz= Fct� AaSo a,4i V1 '� t , � O O7 o W W • _ .Z/t t ¢ 2 '� i N p= uj N git 0 9 1 T� R 1Z V r UN n V Z � itim • �b V r�VY< y LL� 2 JO= 1 w oo w � _ J O (] U w 1N'J13"ONNrdSS-V W u ten' pNrNr 710 OrINN]r.0 ~ (m) i = 11 � a Resolution No. 97-49 Page 1 RESOLUTION NO. 97-49 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF PACKAGED BEER FOR OFF-PREMISE CONSUMPTION ON PROPERTY WITHIN THE CITY OF SOUTHLAKE,TEXAS,BEING LEGALLY DESCRIBED AS THE LOT 1, BLOCK 1, VILLAGE CENTER ADDITION, BEING APPROXIMATELY 0.934 ACRES SITUATED IN THE THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT"A" AND PROVIDING AN EFFECTIVE DATE. WHEREAS,a Specific Use Permit for the sale of packaged beer for off-premise consumption has been requested by a person or corporation having a proprietary interest in the property zoned as "C-3"=General Commercial District; and, WHEREAS, in accordance with the requirements of Sections 45.1 (1),and,- , of the City's Comprehensive Zoning Ordinance,the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such i Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for the sale of packaged beer, offpenu consumption on the property legally described as Lot 1, Block 1, Village Center Addition, being approximately 0.934 acres situated in the Thomas Mahan Survey, Abstract No. 1049; as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "A", subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1. 2. Resolution No. 97-49 Page 2 4. 5. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF 21997. CITY OF SOUTHLAKE By: Rick Stacy,Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake,Texas I L:\WP-FILES\RES-0RD\97-49PKG.WPD ��-II No i Resolution . 97-49' EXHIBIT "A' Page 3 L 5hI i j I c [;i,! .. uu) I .1 13 CL W t I AIli.:...; . I." i . i I I �j 3: J '0 CT) E &00 C") cr w ZD (U 3 rj cl 1-4 0 0 5. -jw ) SS300V OMISIX3).VMBNO ssg:.Iov 101 -")Uyj Om1sx3 z 4_4 � : n� np i3 I I I{ _ �e Ilk w M=v i0l, z a LU m _j 101 1 CA w;z a:LU ZWuj al . I f t • x U) 0 04 w 1 m CL i ar: _1 I__� °LI_ ` U z -0 Ln ul 9AIUG U31N3O_=OV-j-UA mu LAWP-F1LESUkES-ORD\9749PKG.WPD tu LU u 0 < ` City of Southlake, Texas STAFF REPORT August 29, 1997 CASE NO: ZA 97-095 PROJECT: Second Reading/Ordinance No. 480-251 RezoningTortion of Tract 5, Thomas Easter Survey.,Abstract No. 474 STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as approximately 0.93 acres situated in the Thomas Easter Survey, Abstract No. 474, being a portion of Tract 5. LOCATION: Approximately 300' east of the 2400 Block of Crooked Lane. OWNER/APPLICANT: Ken Smith CURRENT ZONING: "I-1" Light Industrial District and "O-1" Office District REQUESTED ZONING: "0-1" Office District LAND USE CATEGORY: Industrial NO.NOTICES SENT: Five (5) RESPONSES: One (1) response was received within the 200' notification area: • Pamela Morrison, 710 Whispering Wood Circle, Southlake, in favor. P & Z ACTION: August 7, 1997; Approved (5-0-1). COUNCIL ACTION: August 19, 1997; Approved (5-0) on consent. STAFF COMMENTS: Please note that a change of zoning to the "O-1" Office District does not require a Concept Plan Review by Staff. The purpose of this zoning request is to clean up a segment of "I-1" zoning which protrudes into a portion of a lot along the west portion of the property. Attached in your packet is a copy of the deed restrictions regarding the adjacent "0-1" zoning request. This property would also be subject to those restrictions. L:\WP-FILES\NIEMO\97CASES\97-095Z.WPD I � I � I MUNSCH HARDT FAXSRV 8-14-1997 16:27 PAGE 2/5 RightFAX DECLARATION OF RESTRICTIONS THE STATE OF TEXAS § COUNTY OF TARRANT § 1VHEREAS, Southlake Cornerstone Business Park, L.P., a Texas limited partnership(the "Declarant')is the owner of the land more particularly described on Exhibit A, attached hereto and made a part hereof; and shown on Exhibit B, attached hereto and made a part hereof(the "Restricted Tract');and WHEREAS,Declarant desires to accommodate requests of owners of other lands adjacent to the Restricted Tract by imposing certain development criteria on the Restricted Tract such that the developers, owners and tenants of the improvements on the Restricted Tract shall be subject to these development criteria and conditions. NOW THEREFORE, the Declarant declares that the Restricted Tract is and shall be held, transferred, sold, conveyed and occupied subject to the covenants and restrictions hereinafter set forth. 1. Protective Covenants. The following provisions shall be applicable to any and all buildings constructed, renovated, or added within the Restricted Tract: a. Minimum Rear Yard Setback Line . No building shall be placed on any lot in the Restricted Tract within 50 feet of the common property line(the"Rear Setback Area")between any lot within the Restricted Tract and the adjacent residential property to the west of the Restricted Tract(the 'Rear Property Line"). b. Buffer Yard. No parking shall be allowed within 20 feet of the Rear Property Line of any lot within the Restricted Tract(the"Buffer Yard"). The Buffer Yard shall be utilized as a green space area and only uses consistent therewith may be carried on within the Buffer Yard area. C. Design R&quirements. Each building constricted on any lot within the Restricted Tract shall meet the following requirements: (i) No building shall exceed 35 feet in height as measured in accordance with the Comprehensive Zoning Ordinance for the City of Southlake, Texas(the"City"). (ii) Each building shall be constructed with a pitched roof generally consistent with a residential appearance. A roof pitch of not less than 3:12 shall be used. No flat roofs will be allowed except for porticos, canopies and similar RESTRICTIONS--CORNERSTONE BUSNESS PARK 1 -T REC'D AUG 141997 MUNSCH HARDT FAXSRV 8-14-1997 16:27 PAGE 3/5 RightFAX improvements which are located in the front or side yards(but not in the Rear Setback Area). (iii) Roof mounted antennas, dish antennas or other communication reception or transmitting devices exceeding 3 feet in diameter shall be screened from ground-level view at a point or points within 35 feet from and at the same elevation as the bottom of the foundation of the respective building. (iv) Other than for the first lot within the Restricted Area(to be known as Lot 2 of the Cornerstone Business Park), windows in portions of buildings within the Restricted Area facing the Rear Property Line which are above the first floor of the respective building and which are not perpendicular to the Rear Property Line, shall be constructed with translucent glass or other materials such as glass block or frosted glass which eliminate a clear,undistorted view from inside the building to the outside. (v) Exterior lighting located on the side or rear of any building or within the side or rear parking areas shall be bulbed with lighting fixtures not exceeding 250 watts and all exterior lighting shall be installed to limit or shield it from shining directly onto the residential property located near the Rear Property Line. d. Towers and Poles. Other than utility poles or towers or live trees, no tower,light pole, cellular tower, microwave tower or radio tower exceeding 35 feet in ' height shall be placed on any lot in the Restricted Tract. e. Trash Dumnsters. Trash areas or dumpsters for the buildings within the Restricted Tract shall be screened and located within the side yard(as defined by the City) of the respective lot,but not within the Setback Area. 2. Landscaping. By no later than the completion of construction of a building on a lot within the Restricted Tract, there shall have been planted within the Buffer Yard of such lot, evergreen trees or shrubs not more than 25 feet apart which are not less than a 2 inch caliper and no less than 8 feet in height. Arry such tree or shrub selected for planting shall comply with the standard listing of acceptable plants as established from time to time by the City. 3. ytaso=Fence. By no later than September 1, 1998 (the"Completion Date'), Declarant or the owners of the respective lots within the Restricted Tract shall have constructed a 6 foot high stamped concrete fence along the Rear Property Line which takes into account and provides for the continued natural flow of surface waters from the adjoining single family lots to the west of the Restricted Tract(the "SF Lots")through the Restricted Tract; however,the fencing shall commence at a point south of Crooked Lane which is considered by the City to be safe for visibility and traffic flow. If the fence is built in more than one phase, the fence(together QW, RESTRICTIONS—CORNERSTONE BUSNESS PARK 2 REC'D AUG 141997 MUNSCH HARDT FAXSRV 8-14-1997 16:27 PAGE 4/5 RightFAX with any replacement fence)shall be of consistent design, construction and generally consistent color. If the fence is not built by the Completion Date, then the sole and exclusive remedies available to any party seeking to enforce this covenant against the owners of the lots within the Restricted Tract which have not constructed the fence shall be to either(a)bring an action against such lot owner to compel construction of the fence, or(b)make demand against such lot owner for the liquidated amount of$50.00 per linear foot of fence on such owner's land which is not constructed and the damaged party(ies)may either(i)enter upon the Restricted Tract to complete the fence at their cost and expense,or(ii)retain the liquidated amount as full compensation for any damages--all other actual, compensatory, punitive and consequential damages being waived. 4. Duration. Until terminated in accordance herewith, these restrictions shall "run with the land";however, it is not intended and nothing herein shall be construed as limiting an owner's right to seek other zoning on a lot within the Restricted Tract even though the restrictions will continue to apply until such termination. These covenants and restrictions shall terminate and be of no further effect with respect to any lot within the Restricted Tract or, as appropriate, as to the Restricted Tract as a whole, upon the earlier to occur of a. As to any lot or lots within the Restricted Tract, the rezoning for a commercial or retail use of the SF Lot(s)which share a common boundary with that lot or those lots; b. The agreement b each lot owner within the Restricted Tract and each lot � Y owner of the single family tracts adjacent to the Restricted Tract. 5. Modification. This instrument may be amended only by written instrument signed by the owners of 3/4ths of the lots within the Restricted Tract and owners of 3/4ths of the adjacent residential lots. 6. Enforcement. The covenants and restrictions herein set forth may be enforced by Declarant,one or more of the owners of the lots within the Restricted Tract, or one or more of the owners of the SF Lots and, except as limited hereby, all remedies at law or in equity shall be available. The prevailing party in a suit filed to enforce the provisions of this Declaration shall be entitled to recover attorneys' fees and court costs from the non-prevailing party. 7. Release. Upon the transfer of title by of any lot in the Restricted Area to a future owner,the transferor shall be released from liability under this Declaration if no legal action is pending with regard to this Declaration on the transferred lot when said transfer occurs. An action may only be initiated against the current owner of the lot(s)within the Restricted Area, regardless of whether or not said current owner(s)is/are responsible for violations of the terms of this Declaration. S. Authority. The undersigned warrants and represents that they have full authority RESTRICTIONS--CORNERSTONE BUSINESS PARK 3 REM) AUG 141997 MUNSCH HARDT FAXSRV 8-14-1997 16:27 PAGE 5/5 RightFAX (W to execute this Declaration and to encumber the Restricted Tract without the joinder of any other person or entity and that there are no liens encumbering the Restricted Area to which this Declaration is subordinate. 9. Captions. The titles, heading and captions which have been uses throughout this Declaration are for convenience only and are not to be used in construing this Declaration or any part hereof. EXECUTED as of August , 1997. SOUTHLAKE CORNERSTONE BUSINESS PARK,L.P., a Texas limited partnership By: Catamount Developments, LLC, a Texas limited liability company, General Partner By: Bruce L.French, Member THE STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on this_day of August, 1997, by Bruce L. French,Member of Catamount Developments, LLC, a Texas limited liability company, general partner of Southlake Cornerstone Business Park,L.P., a Texas limited partnership,on behalf of said limited liability company and partnership. Notary Public for the State of Texas Printed Name: My Commission Expires: P:'•REAL-.4036-Z-SMrnU.RES &•'1d:9 i (40" RESTRICTIONS—CORNERSTONE BUSINESS PARK 4 RECD AUG 141997 �RWCWFEAA-Sr T Q W qjg4ess PP�K TRACT MAP r7�_�f 2= ADJACENT OWNERS AND ZONING SPIN#7 DARRELL FAGLIE 44 TR 11A • / "` 7 AC (/ NOTE COURTESYNOT/CE 43 STER �• E 1RV� TR 1IA. SVA��7 7 AC 71 TR 11E ' 16.96 AC K.SMITH rZ O R. BACA 3 V LLSH�AFE:R SF-1 A 1 _ TR 9 16.4 E B.STRUEMPLER U TR 5 O 18.503 AC O � 1.891 O W N P. MORR/SON � �p6 TR 11D4 2.049 O 0 o 22 _ "' t 8p f\ t (�1 m co r V C+J F M•+•1 �F n:•�' • � �/ � O Cat 6 N F O�,. N�® �w W F•a.l , W C� Z a• ��o Nz �Z pa � m P z z 3 F- In cv N yy yy, a � � F< FE-,, Ta i`itF it •I �� t F II ! f t;, t 'all jai gg�jl !;1 ��°Fi ( a/= `f C p•!J •!� ' � !t 1! 1 if S!r9i Jt!1,f J!i!1!! 1'• 1 Jill �, X7 � i�! lift I!� � _ fl,� p,,i4,z/s f�fffffff •;�•!,e -�1�t a � r ia IL rq- 1 i'� 311411t!,:f!!1, , z LF Nei! LU �f J lip � cCL r I I I r.: I ' / •��pl k iz,r a •a I' +d c I � � tL LU cc CL lMpp t *_`l._ 'ems ,i i _� / / a 1 ..1..! / i a •J " r - - W oll, 3~�$p�� +`• a ,�+ t ,•.. w,.,._. i�. .m "� cc CL 21. 9ia�4 d 1 'ti � a. ,•, J 4 � O.J. I 'y•a .. � 1 a • • 7 • xYS1'' all 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-251 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 0.93 ACRES SITUATED IN THE THOMAS EASTER SURVEY, ABSTRACT NO. 474, BEING A PORTION OF TRACT 5 AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "I-1" INDUSTRIAL DISTRICT AND "O-1" OFFICE DISTRICT TO "O-1" OFFICE 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. REQUESTED ZONING: 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 1-1" Industrial District and "0-1" Office District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the LACTYD0CS\0RD\CASES\430-251.WPD Page 1 ^� I facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 0.93 acre tract of land situated in the Thomas Easter Survey, Abstract No. 474, being a portion of Tract 5 and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "I-1" Industrial District and "0-1" LACTYD0CS\0RD\CASES\480-251.W'PD Page 2 (/ Office District to "O-1" Office District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed,with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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 LACTYD0CS\0RD\CASES\480-251.WPD Page 3 j 1 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 , 1997. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. MAYOR L:\CTYDOCS\ORD\CASES\480-251.WPD Page 4 I ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY LACTYD0CS\0RD\CASES\480-25 I.WPD Page 5 EXHIBIT "A" COMMENCING at the Southwest corner of said tract and being by deed call 1,095.6 feet East of the most westerly Southwest corner of said survey and from which said point a 5/8 inch iron pin by a set stone bears West 4.0 feet; THENCE North 00 degrees 14 minutes 00 seconds west along the west line of said tract, 923 .70 feet to the POINT OF BEGINNING; THENCE North 52 degrees 29 minutes 44 seconds East, 253.15 feet to a point; THENCE South 77 degrees 21 minutes 07 seconds East, 80.58 feet to a point; THENCE South 00 degrees 14 minutes 00 seconds East, 233.20 feet to a point; THENCE North 70 degrees 58 minutes 06 seconds West, 296.61 feet to the POINT OF BEGINNING and containing 0.93 acres L:\CTYDOCS\ORD\CASES\480-25 I.WPD n Page 6 City of Southlake, Texas STAFF REPORT j August 29, 1997 CASE NO: ZA 97-097 PROJECT: Second Reading/Ordinance No 480-252 i Rezoning and Concept Plan/Wilmington Court I I j STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner I, 481-5581, ext. 787 i } REQUESTED ACTION: Zoning Change on property legally described as approximately 11.383 acres situated in the Hiram Granberry Survey, Abstract No. 581, and being Tracts 1 A, 1 B, and 1 C. A Concept Plan for Wilmington Court will be considered with this request. LOCATION: Northwest corner of the intersection of South White Chapel Boulevard and West Continental Boulevard. ; , OWNERS: Alvin R. Jackson(Tract IA), Lannie Joe Roach(Tract 1B), and Trustees, E-Systems, Inc., Pool Trust(Tract 1 C). APPLICANT: Four Peaks Development, Inc. CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-20A" Single Family Residential District LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Twenty-four(24) RESPONSES: Two(2)responses were received within the 200'notification area: • Paul and Melanie Bursted, 506 Vicksburg Way, _ Southlake, in favor. "Single family! Consistent w/ Monticello, Princeton Park, Timberlake neighborhoods." • Ralph Williams, 1177 Adams Lane, Southlake, Texas, in favor. Good use for this parcel." Seven (7) responses were received outside the 200' notification area: • SPIN 414, Doug iLlcKelvey, 113 Yale, Southlake, in favor. "This zoning and this development are exactly what was envisioned by the land use plan. I see no better alternative to having a residential neighborhood here." I I City of Southlake, Texas Carolyn Morris, 403 Saint Charles Court, Southlake, Texas, j in favor. ". .I am very pleased to have a residential development proposed for the site. . .I am in agreement with the proposed plan with the exception of a wooden fence enclosure for the development." See attached letter. • Carwin and Susanne Peterson, 715 Dominion Drive, Southlake, Texas. "We wish to strongly protest the recent approval of a planned wooden fence at the location noted above. This fence is not consistent with the masonry fences of other developments in the vicinity of Wilmington Court." See attached letter. Rex and Charene Jones, 703 Dominion Drive, Southlake, Texas. "I would ask that the fencing of Wilmington Court be consistent with the masonry design and materials of the other surrounding developments." See attached letter. • J. Scott Parr 614 Dominion Drive, Southlake, Texas. "Please note that I am concerned that the City Council and the Planning and Zoning Department are going to permit a wooden fence to enclose the planned Wilmington Court development at the intersection of Continental and White Chapel." See attached letter. • Glenda Sorrell, 405 Alexandria Court, Southlake, Texas. "Wants to express her concern with the developers putting in a wooden fence instead of a masonry fence. All other subdivisions have provided masonry and she would strongly urge this requirement of Wilmington Court." • David R. Carey, 812 Dominion Dr., Southlake. Resident states concerns regarding the wooden fence and the aesthetic integrity of the streetscape. See attached letter. • Lesa and Richard Sherwood, 400 Bayou Vista, Southlake. Resident states concerns regarding the installation of a wooden exterior fence and the effect this would have on adjacent communities. See attached letter. P & Z ACTION: August 7, 1997; Approved (5-0-1) subject to Concept Plan Review Summary No. 1, dated August 1, 1997, deleting Items #11 a (curvilinear street requirements) and #11 b (Change street name west of Cornell) and expressing support to the Zoning Board of Adjustment for approval of the variations of building setbacks as proposed in order to get homes away from Continental Boulevard and the existing residential properties to the north and to avoid the "tunnel effect" of homes setback 35' from right-of-way. • City of Southlake, Texas COUNCIL ACTION: August 19, 1997; Approved (5-0) First Reading subject to j Concept Plan Review Summary No. 1, dated August 15, 1997, i adding 2 items at the request of staff: "11. Label the required R.O.W. dedication on West Continental Blvd. and 12. Correct the Net acreage and Number of lots information on the Site Data Chart ;"deleting item#4 (94' R.O.W. dedication along S. White Chapel) to allow 84' R.O.W. dedication along the two lots I backing to S. White Chapel Blvd.; deleting item #9 (changing street name west of Cornell Place) to allow Wilmington Way throughout the entire subdivision. STAFF COMMENTS: Attached is the revised Concept Plan Review Summary No. 1, dated August 29, 1997 L:\WP-FILES\MEMO\97CASES\97-097ZC.WPD I I 3 l J V , CAROLY1V ,IMO RRIS 403 SAINT CHARLES COURT i SOLTHLAKE,'[EtikS 76092 `' 1 9 W7 August 19, 1997 OFFICE or cITY SECRETARY / City Council and Mayor City of Southlake 667 North Carroll Ave. Southlake, TX 76092 s Re: Rezoning and Concept Plan for Wilmington Court City Council Meeting agenda 8/19/97 item #8 (D&E) Ordinance No. 480-252 and ZA 97-098 i Dear Mayor and Council Members: I am writing to express my thoughts regarding the Wilmington Court rezoning and concept plan Ordinance Number 480-252 ( agenda item #8 D&E). I attended the public meeting held by Mr. Da-vid McMahan where he detailed the concept of the proposed residential development and also the Planning and Zoning Commission Meeting when it was approved. I am very pleased to have a residential development proposed for the site at the 7W corner of White Chapel and Continental Boulevards and believe it is the most appropriate use of the land located in a residential neighborhood. I am in agreement with the proposed plan with the exception of a wooden fence enclosure for the development. The planned wooden fence is not consistent with the masonry fences of developments in the Vicinity of Wilmington Court such as Adams Lane, Monticello, Timber Lakes, Monticello Estates, Princeton Park and Dominion all of which have masonry fences. Wooden fences certainly do not maintain the appearance of a quality development on a highly visible corner along Continental Boulevard and White Chapel Boulevard. After about five years, the appearance of wooden fences deteriorate as opposed to masonry fences. Aged masonry fences are very attractive and old wooden fences are a visual blight. The fences would probably become the property of individual homeowners when the development is completed; and as the fences need to be replaced finances, timing, and uniformity of materials become major factors in the replacement. This would certainly affect the appearance of a neighborhood located on this highly visible corner. The City of Southlake must continue to require and maintain high standards of developers who propose to develop our city. I hope that the City Council will require a masonry fence for this proposed development. Sincerely, Carolyn Moffis �� y 05/18/87 10:22 Fail 3174313351 XAIL wrx LiuVul FAXED vo D -Two VI Carwin y. Peterson 4.30 )Yy l Susanne L. Peterson i 715 Dominion Dr. Southiake, TX 76092 + (am 329-4301 August 18, 1997 i RE: Wilmington Court (NW corner of So. White's Chapel and Continental Blvd.) ATTN: Kim Bush ;Cl'7Y11)cltt li �21X���9'�yaIj i Fax (817) 488-6796 c i Dear Southlake City Council Members, We wish to strongly protest the recent approval i of consistent with the fence at the location noted abovelenned wooden . This fence masonry fences of other developments in the vicinity of Wilmington Court such as Adam's Lane, Monticello,Timber Lakes, Princeton Park and Dominion Drive -- all of which have masonry fences. Wooden fences do not maintain the appearance of a quality development on this highly visible corner and we ask that a masonry fence at this location be required_ Implements ion of a consistent standard is integral to the maintaining the property values in this area. Sincerely, Carwin Y. Peterson Susanne L. Peterson �� REC'D AUG 2 01997 ,08/19/97 TUE 08:31 F.0 954 $32 3078 BBEG CORP DEV 9 001 Rc r and Charene Jones 793 Dominion Drive SoutMakq TX 76092 Phone:817-481-0066 August 18, 1997 — To: Southlake City Couxcir Aftndon: Kim Bush Fax: 817-488-6796 Subject: WamixgEon Court Dear Council Members, My family and I recend,y relocated to the Dallas—,Ft. W orth area fronue overseas, and af3er mach research,chose to reside in the Souuth/ake area The primary reasons were the,schools and the well.-planned commuxht,feeling. 1 commend the Planning Col"misslon and the City Council on doing a good job of maintaining this co.unity fee ng in a rapidly growing area. Although I an not able to aftnd the August 19 City COntM&meeting,I would litre to offer nay input regarding the proposed Wilmington Court swidendal development I share the concerns of several others A&attended the An:gust 7 Planning and Zoning Commission, related to the proposed wooden fence surrounding this development I would ask that the fencing of Wilmington Court be consistent with the masonry design and materials of the other surrounding developments. By so doing,you will maintain the long-term appeal of Wilmington Court as well as for the surrounding neighborhoods. Sincerely, L REC'D AUG 2 01997 FUIa-18-1YI7 14:11 FROM MRXUS ENERGY CORP. TO 91817 1.02 August 18, 1997 Karen Gandy City of Southlake BY FACSLv[ILE To whore it may concern: As uresident of Princeton Park on Yale Drive, I am quite pleased about the Wilmington Court subdivision that is proposed to be developed at the Northwest corner of White's Chapel and Continental. One thing that would realty add to the attractiveness of this proposal is to allow the setback variance for that neighborhood to be changed from 35 feet to between 20 and 25 feet. This would allow for increased privacy in the houses along Yale Drive. While I believe that this variance would be good for Princeton Park and Wilmington Court, I understand that this could open the door to other such variances in the city that might be undesirable in those circumstances. I feel that the increased privacy in Princeton Park outweighs the negatives that could result from the precedent. Therefore, my household is fully in favor of allowing the setback variance for Wilmington Court. j Sincerely, Doug McKelvey 113 Yale Drive REC'D AUG 191997 �J TOTAL P.02 ..... • -av—+ , , vc vv . � rr .r •u. rrrcn oa , -tea .+.�+.+ r .v�-- A SCOTT PARK 614 Dominion Dr. South144 TX 76092 19 Aug l997 Southlake City Council Atin:Kim Bush RE: Wooden Fence @ Wilmington Court Please note that I am concerned that the City Council and the Planning ad Zoning Department are going top permit a wooden fence to enclose the planned Wilmington Court development at the lntemection of Continental and White Chas peL This would be totally inconsistent with the masonry fences of the other developments in the immediate area,and coald have a negative Litpact on proper&values. Please do not allow this to happen. Vote agabut anything less than masonry walls for this new development, Thank you for your consideration. f RECD AUG 2 0 1997 Q �- � I ~ T N co I >r T T ^ vc IN 1 \O I 1 � 1 _ r/ W co T We U O cn Q o0 co ui F— c0 1 Z O �-- N CV 1d MHNHOO I N C Luc ° CO - Q ' a U (o 4 z U- N 1 a Q Act N M 1 N U - OOt - tOi t` Aco T N big LO C\j _ ao t 1• bS NO.t� 'I N ' h �• . co c`') O N N 1 1 M •• nY \ � Rin co l S� n Od ,d h to �� 1 �1 V. of ADJACENT OWNERS FOR ZA97-96 AND ZA97-97 31-Jul-97 # Owner Name SPIN#14 DOUG MCKELVEY 01 SUNNYBROOK PROPERTIES, 02 CONNOR, JOHN H & PAULA B 03 AGNIHOTRI, ASHOK ETUX MEERA I 04 MCKELVEY, DOUGLAS M & KATHY M I 05 JENKINS, MICHAEL E ETUX JOY M 06 SUNNYBROOK PROPERTIES, 07 SUNNYBROOK PROPERTIES, 08 MOODY, DAN F ETUX LISA S 09 SUNNYBROOK PROPERTIES, 10 J PARKER INVST LTD 11 WILLIAMS, RALPH ETUX SHERRI E # 12 WILLIAMS, RALPH ETUX SHERRI E i 13 WILLIAMS, RALPH ETUX SHERRI E 14 CITY OF SOUTHLAKE 15 TIMARRON LAND CORP, 16 TIMARRON LAND CORP, 17 TIMARRON LAND CORP, 18 HILLS OF MONTICELLO INC, i 19 BOLTON, DAVID A ETUX DONA 20 WILLIAMS, THOMAS ETUX DOROTHY 21 CARROZZA, ANTHONY E ETUX LINDA 22 CHILDERS, E R ETUX JANET 23 HANDWERK, TODD B ETUX SARA 24 BARSTAD, PAUL J ETUX MELANIE W 25 HITCHCOCK, J R ETUX TERESA K 26 RUTH, NORMA J 27 HAVENS, KIM MAC ETUX KIM RENEE - 28 SOUTHLAKE JV, 29 D'LIGHTFUL HOMES INC, 30 SOUTHLAKE JV, 31 SOUTHLAKE JV, 32 MCINTOSH, JOHN ETUX PATRICIA 33 TIMBER LAKE RES ASSOC INC, 34 BOLLINGER, BOBBY D & DANA L ICity of Southlake,Texas I CONCEPT PLAN REVIEW SUMMARY 'ase No: ZA 97-097 Revised Review No: One Date of Review: 8/29/97 Project Name: Concept Plan - Zoning for W'lmington Court being 11.383 acres situated in the H. Granberry Survey,Abstract No.581 i APPLICANT: ENGINEER: Four.Peaks Devel=ent. Inc. J.E. Levitt Engineers. Inc. 100 W. Southlake Blvd. #320. Suite 234 726 Commerce Street, Suite 104 Southlake, Texas 76092 So lake. Texas 76092 j Phone: (812) 329-6996 Phone: (817)488-3313 Fax: (817)329-4794 Fax: (817)488-3315 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON /7 14/97 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. The following changes are needed with regard to the legal description of the site: a. There are a few mis-spellings in the metes and bounds description. b. Verify and show if necessary,the deflection point in the south property line near the southwest comer of the site in accordance with the original boundary of the final plat of Monticello Phase 1. 2. The following changes are needed with regard to adjacent properties within 200'to include owners across any adjacent R.O.W.: a. Correct the zoning to "AG" and the L.U.D. to "Low Density Residential"for the Timarron Land Corporation tract on the northeast comer of the intersection of S. White Chapel Blvd. and W. Continental Blvd. b. Change the zoning abbreviation for,Planned Unit Development to"P.U.D." for Timber Lake Addition. Also, correct the zoning for Monticello Phase 1 Addition to"P.U.D.." C. Label Lot 6, Block 2, of Princeton Park Addition at the northwest corner of the site. d. Label"Lot 19,Block 5,Common Area#3 Timber Lake,Phase 5"located along the north line of Continental Blvd. 3. Show and label the existing easements in the southeast comer of Lots 9, 10 & 19, Block 5, Timber Lake to appear as they are on the final plat for this addition. The 7.5' U.E. is off-set different than shown and there is also a Wall Maintenance Easement. 7f� � City of Southlake, Texas ` 4. A 94' R.O.W. dedication (min. 47' measured from centerline) for S. White Chapel Boulevard is required in accordance with the Master Thoroughfare Plan. (C.C. Action 8119197. delete, allow 84' { R.O.W. dedication along the two lots backing to S. White Chapel Blvd.) 5. Provide a minimum 35' building setback line along all street frontages including comer lots, as required for SF-20A zoning. 6. Label the 25' as "25' Private Landscape Easement". Note on the plan that the easement is to be maintained by the H.O.A. 7. Provide the minimum 100'lot width at the front building line for the following: Lots 2 & 3,Block 1, and Lots 8, 9& 10, Block 2. t 8. Provide a 10'type `B' bufferyazd along S. White Chapel Boulevard and W. Continental Boulevard. 9. Staff recommends that the street section west of Cornell Place be designated as a drive,lane or street. (P & ZAction 817197, C.C. Action 8119197: delete and allow Wilmington Way throughout the entire I subdivision.) 10. Show any perimeter screening,if intended. 11. Label the R.O.W. dedication for West Continental Blvd. M 1. Correct the net acreage and number of lots in the land use data. ' { P & Z Action August 7, 1997. Approved (5-0-1) subject to Concept Plan Review Summary No. 1, dated August 1, 1997, amended as noted above and expressing support to the Zoning Board of Adjustmentfor approval of the variations of building setbacks as proposed in order to get homes away from Continental Boulevard and the existing residential properties to the north and to avoid the "tunnel effect" of homes setback 35'from right-of-way. Council Action August 19, 1997. Approved(5-0) subject to Concept Plan Review Summary No. 1, dated August 15, 1997, adding 2 items at the request of stay. "11. Label the required R.O.W. dedication on West Continental Blvd. and 12 and further amended as noted above. * Although not required by Ordinance, please place the City case number"ZA 97-097" in the lower right-hand corner of the plan. * If any proposed screening and/or landscaping are to be provided,staff recommends that the applicant designate a common area,net of lot area, for its location. * Denotes Informational Comment cc: Four Peaks Development, Inc.; J.E. Levitt Engineers,Inc. f WP-PILES\REV\97\97097C I B.WPD { i i 1� 1 > Iti9 _ I I Z o SF oa T --- t.t Sells E-+E,.I F m a ts7� i. t OQ ? dr 9jI i / �� ZZ1� i9ovs �m_ N I ..V ��• i �i �t� / ; to �-1 Via. `t � I i i I \ {��'f nt �it 111 �l;i� ���if t•a�� ' , 1 M P� / 1 I I , t1a'►.l ��j +� t I + IN j rl M 1 ; � ,, •-�� � , . Z. 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' I I gel to a , r li , I , tf r-0[ � . ..i• . �. • I I ����p r G SS rigs II I 1 I _ - I - I I � i p>)��j.1 `i�l OPEN ar VOL A id IM maw Wr ON Wo Sa lift ■ �ii i��i�r ��■�.l..II '���II ■ �m 'PAP IRS .:■ ME 111%, Nimmons ICI■� � �� 7 •; , �;lrglpl EPA NO doll am Pak, SAP IRAN ■ ` �t♦��� � �� e`er■ 11.E■■ '�r11 I� �;ter►►+!7a i CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-252 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 LEGALLY DESCRIBED AS BEING APPROXIMATELY 11.383 ACRES SITUATED IN THE HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, BEING TRACTS 1A, 1B, AND 1C, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. REQUESTED ZONING: WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called L:\CTYDOCS\ORD\CASES\480-252.WPD Page 1 " `, by the City Council did consider the following factors in making a determination as to whether 4 these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract of tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: L:\CTYDOCS\ORD\CASES\480-252.WPD Page 2 f Being approximately 11.383 acres situated in the Hiram Granberry Survey, Abstract No. 581, being Tracts 1A, 1B, and 1C, more fully and completely described in Exhibit A attached hereto and incorporated herein, from AG j Agricultural District to "SF-20A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. f 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. i Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; L:\CTYDOCS\ORD\CASES\480-252.WPD Page 3 j / r 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 i 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 , 1997. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: L:\CrYDOCS\ORD\CASES\480-252.WPD Page 4 APPROVED AS TO FORM AND LEGALITY: 1 CITY ATTORNEY t 1 i L:\CTYDOCS\ORD\CASES\480-252.WPD Page 5 �� 1 EXHIBIT "A" f I s f BEGINNING at a P.K. Nail found in Continental Boulevard for southwest corner of said Granberry Survey, and for the southwest comer of said Jackson tract, said pin also being the southeast corner of TIMBER LAKE i PHASE 5, an Addition to the City of Southlake, according to the plat recorded in Cabinet A. Slide 2557. Plat Records, Tarrant County, Texas; THENCE North 00 degrees 44 minutes 31 seconds a distance of 416.25 feet along the east line of Timber i Lake, Phase 5, to _a 1/2",iron pin set with cop marked. "AREA SURVEYING" for the northwest corner of said Jackson So tract, andhe in Cabinetest corner of Lot 6ABSlide 1ck .65 . Plot Records, TarranARK, on tition to Cou ty,the City Texas, of THENCE North 89 degrees 51 minutes 15 seconds East a distance of 729.85 feet along the north line of said Jackson tract and along the north line of said Roach tract to a 3/4" iron pin found for the northeast corner of said Roach tract and for an angle point in the south line of Princeton Pork; THENCE South 89 degrees 16 minutes 26 seconds East a distance of 561.70 feet along the north line of said Trustees, E—Systems, Inc. Pool Trust tract to a 5/8" iron pin found with cap marked, "Carter Burgess" for the southeast corner of Lot 21, Block 1, of said Princeton Park, said pin being the most northerly northwest corner of a tract of land described in Right—Of—Way Dedication to The City of Southlake, recorded in Volume 10599, Page 1068. Deed Records, Tarrant County, Texas, said pin also lying in a curve, concave to the west, having a radius of 533.00 feet, and a long chourd which bears 308.61 feet, South 17 degrees 10 minutes 55 seconds West; THENCE Southerly along the west line of White Chapel Boulevard, along the west line of said City of Southlake tact and along said curve, passing through a central angle of 33 degrees 39 minutes 25 seconds, a distance of 313.10 feet to a 5/8" iron pin found with cop marked, "Carter & Burgess" at the end of said curve; THENCE South 33 degrees 57 minutes 57 seconds West a distance of 86.09 feet continuing along the west line of White Chapel Boulevard and along the west line of said City of Southloke tract to a 5/8" iron pin found with cap marked, "Carter Burgess" in the north line of Continental Boulevard; THENCE South 89 degrees 48 minutes 58 seconds West a distance of 425.92 feet along the north line of Continental Boulevard to a 5/8" iron pin found with cap marked, "Carter do Burgess" in the west line of said Trustees, E—Systems, Inc. Pool Trust tract for the most westerly northwest corner of said City of Southlake tract; THENCE South 00 degrees 32 minutes 21 seconds West a distance of 41.71 feet to the center of Continental Boulevard. to the mst f said t of uthloke trat, to the southwest of Sou hlakeot ac etoe the ssouthwest ccomer oof said T�rustees,oE—Systems,Inc. Pool Trust tract c orner of A e and to the southeast st comer of said Roach tract; THENCE South 89 degrees 52 minutes 16 seconds West a distance of 731.32 feet along the center of Continental Boulevard, oong the south line of said Roach tract and along the south line of said Jackson tract to the POINT OF BEGINNING, said described tract containing 11.383 acres of land. L:\CTYDOCS\ORD\CASES\480-252.WPD r 14- / Page 6 t EXHIBIT "B" { x53:a1 t @ c P tt 3 i xF z-n �" ��j► ry _- ey OF. Z� z Z a . A o�LM� hmF .tea ► i�ajl;1 w �o s sz tiI \_ ydo � ��� i ; • — � � II.'1 a ��ljii �� J{if l� jj��J� ��t(t 3j1�, 1 � � '� � I i •°+��' � �� I��a � ,ai,�'`( ��?��tt�'( �'tl ij�;;i l�: 1Ja - _ 2 Ji •����'jd;�d ! , ..w I ','� , � S ��"� I� -�3>4i�'j ti �`i���t f(jjji i�t�'��(1,}� �'� � Ai ° a t• -r ! I i f A't,,�, J J , . oF? + ya"1 i i is E E' 33 �l ill oil p 1j lJ�;;ei j(9 L __T7tid.x.& '[IYIAW I r -- JI I•. -• I � I I Vie ittt I I I dJi - ' I • .. � j � � i� f ; '=_ any � I ub I I + LM A vp N r. - L:\CTYDOCS\ORD\CASES\480-252.WPD Page 7 e City of Southlake,Texas STAFF REPORT August 29, 1997 CASE NO: ZA97-089 PROJECT: Site Plan - Oakmont Plaza STAFF CONTACT: Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Site Plan for Oakmont Plaza, on property legally described as being Lot 3, Block 3, Diamond Circle Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-177, Page 7, Plat Records, Tarrant County, Texas. LOCATION: 316 East Southlake Boulevard (F.M. 1709) on the northwest comer of the intersection of Diamond Boulevard and East Southlake Boulevard (F.M. 1709). OWNER/APPLICANT: 2 Diamond Ltd. CURRENT ZONING: "0-1" Office District LAND USE CATEGORY: Mixed Use CORRIDOR RECOMMENDATION: Residential NO. NOTICES SENT: Eleven (11) RESPONSES: Five (5) responses were received within the 200' notification area" • Sara J 1Vlellinger, 919 Emerald, Southlake, opposed. "(In priority order) 1. Security and Privacy - rear entrance and windows look directly into our backyard - we have 2 small children. 2. Property Value Impact - near of building looks like a cheap hotel - no other 2 story buildings. 3. Traffic - already bad, accident prone. We are vyr opposed to the current site plan to the building being 2 story and rear is vyr ugly." • Rich O'Day, 921 Emerald, Southlake,opposed. "A two story building eliminates my privacy and substantially decreases my property value. A two story building is out of place here and should not back up to a residential neighborhood. The buildings next to it are only one story and this building should conform to the same type plan. I have no problem with a tasteful single story building at this locale. I have not seen 4 City of Southlake,Texas any two story buildings backed up to residential areas in Southlake." *Second response dated July 15, 1997 is attached. • Elaine Woods, 1040 Diamond Blvd., Southlake, opposed. "A two story building at this location is terrible because it backs up to a residential area. A one story would match all the other buildings in the area." • Southern Home Realty Inc., Gary Yarbrough, President, opposed. "To allow two driveways side by side such as proposed would seriously endanger the safety of the staff, agents, and customers of our company and the residents of Southlake." Twenty-eight (28) responses were received outside the 200' notification area: • Barbara and Stephen Faulkner, 819 Pearl Drive, Southlake, opposed. "We believe a 2 story office complex would be unsightly at this location and will eliminate privacy for the homes of our exclusive neighborhood." • Billy and Lisa Quin, 1036 Diamond, Southlake, opposed. "A two story building would be overpowering at this location. It would have the net effect of reduced property values in our higher end development of Diamond Circle Estates." • Verne and Judy Rainey, 1020 Diamond Blvd., Southlake, opposed. "Unsightly at this location, eliminate privacy of immediate homes, does conform with the other structures that back up to Diamond Circle Estates." • Amy and Paul Easley, 903 Emerald Blvd., Southlake, opposed. "Will detract from our neighborhood." • Alan Murphey, 906 Emerald Blvd., Southlake, opposed. "The approval of a two story building at this location would once more show disregard on the part of the P&Z commission for the privacy of Emerald/Pearl home owners who have already suffered from the elevation of 1709 and the monstrosity that is the Remax building." • Lou Ann Kerbow, 918 Emerald Blvd., Southlake, opposed. "I feel this area is residential first and 2nd small one level commercial - this area is a community and it needs to stay in that order." • Don Mullman, 803 Pearl Dr., Southlake, opposed. "This building will lower the property values of homes in Diamond Circle Estates." 77T- t City of Southlake, Texas • Fred and Chris Williamer, 804 Pearl Dr., Southlake, opposed. "There are very few 2 story building along 1709 especially units that are next to residential property. Please vote against this issue." • Christopher Garrett, 811 Pearl Dr., Southlake, opposed. "By allowing a multi story business office to be built adjacent to residential property will incur a significant negative impact on quality of life issues as well as imposing a penalty on residential property values. I strongly urge the planning and zoning commission continue to direct this type of development to those area's where it will become an asset to our city rather than negatively impacting our residents." • Ronald M. Gerkin, 1022 Diamond Blvd., Southlake,opposed. "Two story office buildings completely destroy the privacy of all the homes adjoining the back. Second story looks directly into back yard of homes." • Robert Harvey, 901 Emerald Blvd., Southlake, opposed. "1. Property value: people invested prior to this building being approved - will be neighborhood eyesore. 2. Increased maintenance: Additional traffic increases trash, crime, and home owner risks to this entire neighborhood offsets any gain in revenues. Increased traffic. 3. Poor landscaping - needs to increase # of trees, bushes, need a green zone for environmental reasons. Compromise: Go with a single story office building - if the owner wants a 2 story building - have the owner move next to the park and 1709." • James Ridenour, 1030 Diamond Blvd., Southlake, opposed. "A one story office building would be O.K. A two story next to homes would eliminate privacy for the homes." • Dan Clark, 1034 Diamond Blvd., opposed. • Linda and Doug Maxwell, 1021 Diamond Blvd., Southlake, undecided. • Steven K Scott, 904 Emerald Blvd., Southlake, opposed. "I would prefer a single-story building." • Thomas M Orzech, 924 Emerald, Southlake, opposed. "1. Property is raised from 1709 and a 2 story building is overpowering for the location. 2. A 2 story building is an obvious way to circumvent parking and set back requirements. 3. Makes 1709 look like an inner city boulevard." • Diane and David Johnson, 823 Pearl Drive, Southlake, opposed. "A two story office building infringes on the privacy of neighboring homeowners and is inconsistent with other projects on 1709." i t f City of Southlake,Texas Tina and Ralph Poucher, 1032 Diamond Blvd., Southlake, a opposed. "OPPOSED to because this is already an unsafe entrance! This will make it WORSE! Regarding 2 story commercial baking up or siding to residences: Please help us preserve the "neighborhood feeling" we spent so much money for a quiet - country-home...NO 2 STORIES PLEASE!. P&Z please don't let Southlake become a commercial nightmare and while I am at it...I just heard this week that Mayor Stacy is for MULTI-FAMILY (apts.) in Southlake...We are aka`this... Please pass this on in hopes ; that it will be taken into consideration. Please remember why we bought our homes in Southlake - peace & quiet, green pastures, cows, & quiet streets day & night. Remember?? Forget the $$$...when is it ever enough?" • Jennifer and Mark Cloutier, 902 Emerald Blvd., Southlake, opposed. "No two story office in that complex and it will deprive residents of privacy in their back yards." • Amy A. Archaurbraur, 810 Pearl Dr., Southlake, opposed. "Single story would be preferable." • Doug Strickland, 1027 Diamond Blvd., Southlake, opposed. "We do not need a 2 story building. Adjacent to resident. This would eliminate privacy for our homes. The current business buildings on that lot are single story." • Tony DeBruno, 1023 Diamond Blvd., Southlake, opposed. "Buildings need to be 1 story along 1709." • Shirley and Steve Petras, 808 Pearl Dr., Southlake, opposed. "A two story office complex within a couple hundred feet of family homes is totally unnecessary. It will be unsightly and no other residential areas have a 2 story office complex behind them in Southlake!" • Kathleen and Jimmie White, 926 Emerald Blvd., Southlake. Many types of people come & go in a commercial business. A business should not provide the opportunity for anyone to look into the private yards of residents." • A.I. Holber, 1019 Diamond Blvd., Southlake, opposed. "Driveways would be located too close to one another and too close to Diamond." • Robert and Debbie Montoya, 809 Pearl Dr., Southlake, opposed. (1) A two story building with windows on the second floor facing to the rear and sides would eliminate privacy for residents in the area. (2) The property should not be given a separate curb cut so close to the intersection at Diamond Blvd. And 1709. It is too dangerous." j i i - `1 City of Southlake,Texas • William Snyder, 1014 Diamond Blvd., Southlake, opposed. "It would eliminate the privacy for the residences in the immediate area. Also,the construction of a single, two-story building on top of a property that is already elevated, makes it stand out. I would support a single story construction." • Sandra Coons, 805 Pearl Drive, Southlake, opposed. "A two story building would eliminate the privacy for the homeowners in the immediate area. A single story building would be more suitable." • Jim and Glee Stinnett, 922 Emerald Blvd., Southlake, opposed. "The entrance to this building will create serious traffic problems at an already busy section of Southlake Blvd. We also oppose any structure with more than one-story. The privacy of many Diamond Circle Estate families has already been infringed upon when the new 1709 highway was built(its raised elevation along much of Diamond Circle). I can think of only one 2-story office complex along 1709 and it banks up to the park not a residential area. Please consider these points seriously before making your final decision." A letter from Gary Yarbrough (Broker/Owner of RE/MAX Lone Star) to Richard Myers (President of Realty Capitol Corporation)was received. The letter states that the applicant should go forward with the request, but RE/MAX cannot commit to a cross access agreement at this time. See attached letter. P&Z ACTION: July 17, 1997; Approved (7-0) Applicant's request to table until the August 21, 1997, Planning & Zoning Commission meeting. August 21, 1997; Approved (7-0) subject to Site Plan Review Summary No. 2, dated August 15, 1997, amended as follows: 1) Requiring opaque glass in the stairwell window; 2) Requiring any lighting on the side or back of the building to be motion sensitive and to be placed approximately between the first and second floors; 3) Recessing or boxing the three (3) west windows on the second floor by approximately 1 Vz feet; 4) Requiring that awnings be placed on the four(4) north windows on the second floor; 5) Increasing number of accent trees (to be Mondell pines) from six (6) to fifteen(15) on the west side; 6) Reducing number of canopy trees from ten(10) to six (6) on the west side; 9 City of Southlake,Texas 7) Requiring the clustering of trees close to the windows on the west side; 8) Raising chimneys back to original height; 9) Recommending that the driveway be denied as submitted and, if the applicant is unable to acquire an off-site easement on the adjacent west property, encouraging the City of Southlake to negotiate the acquisition of an easement by whatever process is required; 10) Requiring the masonry to be brick and stone. STAFF COMMENTS: The applicant has met all items in Site Plan Review Summary No. 1, dated July 11, 1997, and Site Plan Review Summary No. 2, dated August 15, 1997 with the exception of those items addressed in the attached Site Plan Review Summary No. 3, dated August 29, 1997. L:\WP-FILES\MEMO\97CASES\97-089SP.WPD REC'D JUL 151997 July 10, 1997 Mr. Joe Wright Chairman Planning and Zoning Commission City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re: ZA 97-089 Dear Mr. Wright: Enclosed is a copy of the letter I sent Mayor Stacy regarding my opposition to the proposed two story Oakmont office complex. Just as I invited Mayor Stacy,you and your committee members are welcome to visit my property to view for yourself what a negative impact such a building will have on myself and many other residents of Diamond Circle Estates. Thank you for your time and consideration. I will see you on July 17th when this proposal is discussed. Sin rely Rich O'Day 921 Emerald Blvd. Southlake, Texas 76092 488-3384 7 T- � �. July 10, 1997 The Honorable Rick Stacy Mayor of Southlake City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re: ZA 97-089 Site Plan for Oakmont Plaza 316 E. Southlake Blvd. Dear Mayor Stacy: My residence at 921 Emerald Blvd. in Diamond Circle Estates is directly behind the proposed two story office complex to be known as Oakmont Plaza. I am most adamantly opposed to such an obtrusive structure placed at this site. An office complex should not infringe upon the privacy of a residential neighbor- hood. This building will destroy my privacy and severely impact negatively, the value of not only my home, but many other homes in Diamond Circle Estates. A multiple story building should never be allowed directly behind a residential neighborhood and to the best of my knowledge there is not any such building in Southlake of the type proposed here. The other buildings next to this building and others proposed to be built in this immediate area are all single story structures which are functional and do not impose economic or privacy issues for the residents affected. The homes adjacent to and behind this complex will be placed in a " fish bowl" so-to- speak where office workers and patrons will have unlimited views of our backyards and our personal goings on. Our children will never be able to play without some stranger watching them and we will never be able to be guaranteed any privacy again. A skyscraper or a Motel 6 might as well be allowed if this structure is approved, as the net effect upon the residents is the same. I paid a premium to live in this area with the large lots and extra space. I have a right to a reasonable amount of privacy. I also believe the city has a responsibility to protect the interests of its citizens and do want it can to maintain and increase the value of the (aw, property of the residents. This proposed building is not acceptable at this locale. 7T-(,_I� There must be a balance between business and the residents. This proposal is (tow, very one sided toward business. The owners of this property appear to have no regard for who they might hurt or negatively impact by their plans. This is wrong and must not be allowed to happen. Lastly, I ask that you put yourself in my place. Would you want such a building which hurts the resale value of your home and totally eliminates any semblance of privacy and security? Of course you would not! Stop by my home anytime and look from my backyard and visualize what a massive building of nearly 50 ft. tall would look like looming over my property. Any help you would be able to provide would be greatly appreciated. Thank you for your time and consideration. Sincerely, O r v' Rich ODay 921 Emerald Blvd. Southlake, Texas 76092 cc: Mr. Joe Wright Planning and Zoning Commission members Al Morin- Spin#10 LONE STAR "3 Convenient Locations" July 11, 1997 Gregory Last The Planning and Zoning Commission Southlake, TX 76092 RE: Notice of Interested Property Owners; Reference Number ZA97-089, Better Known as the Sight Plan for Oakmont Plaza, Lot 3, Block 3, Diamond Circle Estates, Addition to the City of Southlake, Tarrant County Texas Dear Sirs: Several years ago I made a decision to build an office building at Lot 2, Block 3 in Diamond Circle Estates an adjacent property to the subject property referenced above. At the time of the public hearing a land plan development was laid out by the City of Southlake calling for 2 curb cuts for the three lots, which were Lots 1, 2 and 3 of Diamond Circle Estates. Since that time both curb cuts have been put in place and cross access easements were put in place between Lot 2 and Lot 1, Lot 1 belonging to Holt Dental Care. Since that time the City of Southlake published and adopted a quarter study further restricting the use of curb cuts along 1709. For obvious reasons, it is my understanding that the City of Southlake not want any two entrances and exits off 1709 to be anywhere closer than -3 00 feet apart. The sight plan proposal put forth by the developer seriously endangers the residents of Southlake and more specifically the employees, agents and customers of RENIAX Lone Star. To have two driveways within 20 feet of each other is nothing but an extreme mixture for disaster and inevitably will result in serious injury to one of my customers, agents or staff. The sight plan as presented is unacceptable to us at Southern Home Realty, the owner of the property located at Lot 2, Block 3, and I hope it is unacceptable to the City of Southlake to allow this driveway to be put in. Allowing any driveway between our driveway and Diamond Circle Estates will inevitably create an injurious situation and create potential major liability to the City of Southlake for creating an atmosphere in which injury is guaranteed. I am formally asking the City of Southlake to reject the site plan as presented and to honor the original sight plan that was proposed for the 3 lots being Lots 1, 2 and 3, Block 3 of Diamond Circle Estates. To allow a third curb would Corporate Office: rEwEl"34'A J U L 111997 2215 S. Loop 288,Suite 410 620 E.Southlake Blvd. 405 Airport Freeway,Suite 5B Denton,Texas 76205 Southlake,Texas 76092 Bedford,Texas 76021 Office:(817)484 1$=Fax:(817)891.0626 Office:(817)329-3500 Fax:(817)488-3371 Office:(817)285-9055 Fax:(817)282-6084 I seriously do nothing more than create a formula for disaster and injury to innocent people. I have had negotiations with the developers before and they have asked me to grant access to them along our current driveway,which is a non-conforming legal entry under the current City standards. I will agree to grant them access so long as the size of the building and maintenance of the common driveway issues are addressed to our satisfaction. For the safety of my neighbors, my staff, my agents and my customers, I formally request that you reject the sight plan as presented. incerely Yours, G Yarbro h Broker/Owner RE/MAX Lone Star President Southern Home Realty, Inc. A Texas Corporation 7Z 1Ui,. -16 91(WED) 16: 18 RCC TEL:8114884200 P. 002 LONE STAR "3 Convenlent locaWns" May 5, 1997 Richard A.Meyers President Realty Capitol Corporation 210 Park Blvd.,Suite 100 Grapevine,TX 76051 Dear Mr.Meyers: I appreciate you coming out and taking the opportunity to show us what you are building next door. The building's location and style should go over real well in the Southlake market and will be a welcome addition to the neighborhood. At this time,we are undergoing an overal I study of RE/MAX Lone Star expansion plans, etc.on our property. My engineer has informed me as of this morning that it may take us 60 to 90 days to complete the plans for what we want to do. Due to the time constraints that you are currently under,it is my suggestion that you go forward with the City of Southlake on the first plan you developed giving you a curb cut entry and exit off of your own property. We will be glad to give you any letters of support that would be helpful in your negotiations with the city. We just simply cannot commit to a cross access agreement at this time,until our own plans for the future are complete. Sincerely Yours, Gary Yarbrough Bmkcr/Owner RE/MAX Lone Star JUL 161997 Corpora%ontco: 2216 S.t.00p 2ft Sulu 410 6"E.Southbb pWd 405 Alryod F►wwsy,Sufis 6a DunW%To=@ 76205 SoyU**9,Tows TSM BWfbrd,Trio 76021 Of e:(017)4 440M Fiat:(817)W-062C ONloo(*17)32!•= "64M OfAos:(817)445•M Foc(917)28240" JUL. -177 97(THUI 11 :00 RCC TELA174884200 P. 002 (awl Realty Capital Corporation July 16, 1997 TO: City of Southlake Planning and Zoning Commission From: Richard A. Myers*rinn RE: Driveway for Oakmont Office Plaza e_would prefer to share a single driveway onto SoAWAC Boulevard with Reom Lone Star. At this time, we have been unable to obtain Gary Yarbrough's permission to share his driveway. I first met with Gary on April 14th to discuss our desire to share a single driveway. I showed him two versions of our project plans; one using his driveway and one with two driveways. He seemed somewhat positive about sharing a driveway, but said he had to talk to his engineer first and would let me know in a few days. I had subsequent telephone conversations with Gary in which he reiterated that his engineer was still analyzing my shared driveway proposal. Finally, I spoke with Gary in early May,and he told me that he was not willing to grant a shared driveway. He followed up our conversation with the attached letter. This week, City Staff told me that Gary might now be willing to share his driveway. I spoke with Gary by telephone, and he told me that he would only be willing to share his driveway if I cut the size of our building in half, from 10,000 to 5,000 square feet. He indicated that he thought his building and our proposed building would create too much congestion at his driveway. He had never mentioned this before in any of our previous discussions. As stated above,we want to share a driveway. If the City of Southlake will approve our current site plan,we will commit to the following: 1. Negotiate in good faith for an additional thirty days with Gary Yarbrough to obtain a shared driveway easement with him. 2. Pay 100%of the costs of design and construction of the cross-access drive. 3. Pay 50% of any future maintenance and repairs needed on his driveway. If we are able to reach agreement with Gary, we would like to proceed with building construction without re-submitting our site plan for approval. If we are unable to reach agreement, we would need to proceed with our current site plan and build our own driveway. Thank you for your consideration of our proposal. ZCD JUL 17 1997 2425 East Southlake Blvd., Suite 150. Southlake, Texas 76092 - (817)488-4200 • Fax (817)488-5257 77=i3 17 MEN WA Realty Capital Corporation 1 { Richard A.Myers FEC'D AUG 2 51997 President August 22, 1997 Mr. Gary Yarbrough Via Facsimile and US Mail 620 East Southlake Boulevard Southlake,Texas 76092 RE: Shared driveway and common access easement between Oakmont Plaza and Remax Lone Star Dear Mr. Yarbrough: In April we first discussed with you our hope of establishing a common access between our properties to allow for one shared driveway on Southlake Boulevard. During the past few months, you indicated to us that you were not willing to share a driveway. We realize that a shared access driveway will require some additional construction and maintenance,therefore; we want to re-confirm our proposal to you: 1. To pay for 100% of the construction and maintenance costs of the paved connection between our two properties; 2. To pay for 100% of the construction costs of widening the existing access driveway on Southlake Boulevard to include one lane for ingress to the properties, and two lanes for egress from the properties(one right turn lane and one left turn lane); 3. To pay for 100%of the attorney's fees involved in drafting a mutual access easement; 4. To pay 100%of the cost of the maintenance of the shared driveway entrance. We propose the cross access easement in the front section of our properties (see site plan with location marked). Our proposed widened driveway should dramatically improve the ingress and egress to both of our properties. As you know, our site plan (without a connection between our properties and with our own driveway on Southlake Boulevard) has been presented to Southlake's staff and Planning and Zoning Commission. They feel a shared driveway on Southlake Boulevard with a cross access easement (similar to the one you have with the adjacent site to the west) will create the safest access to our properties. We are in agreement with them,but without your approval, we will be forced to build our own driveway. Please feel free to contact me at (817) 488 — 4200 if you have any questions. If we can agree on the above terms, we will draft a mutual access easement agreement for your review. Thank you for your consideration of this matter. tnc r y, tchard A. Myers President Enclosure Cc: Greg Last,Director of Community Development, City of Southlake 2425 E Southlake Boulevard.Suite 150,Southlake,Texas 76092 (817)488-4200 FAX(817)488-5257 t, ,,11� RF/MW LONE STAR "3 Convenient Locations" T August 26, 1997 Mr. Richard A. Myers President Realty Capital Corporation 2425 E. Southlake Blvd., Suite 150 Southlake, TX 76092 Dear Mr. Myers: I am in receipt of your letter dated August 22, 1997 requesting us to work with you on a common access easement between the RE/MAX Lone Star building and the proposed Oakmont Plaza. I, like you, believe that to have side by side parallel driveways, with both the driveways being too close to Diamond Circle Blvd., under current City standards would be a disaster. The prospects of someone turning right out of your driveway and someone turning left out of our.driveway and hitting head on in front of 1709 traffic would be a real possibility under your proposed scenario. 1 have been in favor of a common driveway to be shared by the two projects For several years. However, at this time we'll have to join with the 45 Emerald Lakes homeowners in protesting the type of project that you are planning to put adjacent to the RE/MAX Lone Star building. If you will give the neighbors what they want, and cut the size of the building from a 2-story to a 1-story facility, I will be more than eager to enter into serious negotiations with you to grant a common access between the two projects. Sincerely yours, Gary Yarbrough Broker/Owner RE/MAX Lone Star cc: Mr. Greg Last, Director of Community Development, City of Southlake City Council Members, City of Southlake Diamond Circle Estates RECD AUG 2 71997 1 Corporate Office: 2215 S.Loop 288,Suite 410 620 E.Southlake Blvd. 405 Airport Freeway,Suite 58 Denton,Texas 76205 Southlake,Texas 76092 Bedford,Texas 76021 Office:(817)484-8900 Fax:(817)891-0626 Office:(817)329.3500 Fax:(817)488-3371 Office:(817)285-9055 Fax:(817)282-6084 ■ _=,. ' --j�� _ ■Ili 1,�� .�•■��=■� Em _'■■■■�■� ii■�1�►II�.■�►r : ••`yam ES CA ELI# \III■1=11��11 jm INN �,••�t.... 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I t I;t ,I 1 1 1 �,tl 4 = t City of Southlake,Texas SITE PLAN REVIEW SUMMARY se No.: ZA '97-089 Review No:Three Date of Review:8/29/97 Project Name:Site Plan Oakmont Plaza being,a portion of Lot 3 Block 3 Diamond Circle Estates being 44.570 sf(1 02 ac)located in the W W Hall Survey.Abstract No 687 APPLICANT: ARCHITECT: Really Capital Corp. J. Bolton and Associates 210 Park Boulevard. Suite 100 5n__0 Grapevine Hwy.. Ste. 220 Grapevine. Texas 76051 Hurst, Texas 76054' Phone : (817),488-4200 Phone: (817)281-1822 I Fax : (817)488-5257 Attn: Richard DWrs Fax • (812)656-1355 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/25/97 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, , PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787. i i 1. The following changes are needed with regard to ingress and egress driveways for the site according to the Driveway Ordinance No. 634: (P&ZAction 8/21/97:Recommending that the driveway be denied as submitted and if the applicant is unable to acquire an off-site,easement on the adjacent west property, encouraging the City of Southlake to negotiate the acquisition of an easement by whatever process is required) a. The proposed driveway does not meet the spacing requirement of 500'from Diamond Blvd.The provided spacing is approximately 123'. b. The proposed driveway does not meet the minimum centerline spacing requirement of 500'from the existing driveway to the west.The provided spacing is estimated to be 74'. C. Proposed driveways does not meet the minimum stacking depth of 75'. The provided depth is approximately 38'. Since required stacking depth is determined by the number of parking spaces, if parking is reduced from 5,1 spaces to the required 49 spaces(inclusive of accessible spaces)the proposed driveway will comply with the stacking depth requirement.Please note that the required parking for general office is 29 spaces(instead of 31 as shown)and the the required parking for medical offices is 20 spaces.Accessible spaces are counted toward the required parking. d. Staff recommends that a Common Access Easement be acquired for joint use of the existing driveway to the west. 2. The building must be setback so as not to encroach a 4:1 slope line form the rear property line(common with residentially zoned property).Roof peak and west chimney of the building encroaches the slope line approximately 1'-7 1/4" and the east chimney encroaches the slope line approximately 2' - 10 1/4". (P& ZAction 8/21/97:Raising chimneys back to original height) I rIl-l� j City of Southlake,Texas P&Z Action July 17, 1997: Approved(7-0)Applicant's request to table until the August 21, 1997,Planning ! -�r Zoning Commission meeting. E &Z Action August 21, 1997: Approved(7-0) subject to Site Plan Review Summary No. 2, dated August 15, 1997 amended as follows: i 1) Requiring opaque glass in the stairwell window; 2) Requiring any lighting on the side or back of the building to be motion sensitive and to be placed approximately between the first and second floors; 3) Recessing or boxing the three(3)west windows on the second floor by approximately 1 V2 feet; 1 4) Requiring that awnings be placed on the four(4)north windows on the second floor so as not to see past the top of the fence when sitting at a desk; 5) Increasing number of accent trees(to be Mondell pines)from six(6)to fifteen(15)on the west side; F 6) Reducing number of canopy trees from ten(10)to six(6)on the west side; 7) Requiring the clustering of trees close to the windows on the west side; 8) Raising chimneys back to original height; 9) Recommending that the driveway be denied as submitted and,if the applicant is unable to acquire an off-,site easement on the adjacent west property,encouraging the City of Southlake to negotiate the acquisition of an easement by whatever process is required; 10) Requiring the masonry to be brick and stone. * Proposed elevations comply with the articulation requirements of Ordinace 480, Section 43.9c 1 c. * All lighting must meet the residential adjacency lighting standards of Ord.480, Sect.43.12. All mechanical units must be fully screened of view from residential properties and adjacent rights-of- way. * No review of proposed signs is intended with this site plan.A separate building permit is required prior to construction of any signs.Please be aware that signs must be a minimum of 15'from property lines.. Current location of the proposed sign would not comply. * The applicant should be aware that prior to issuance of a building permit a fully corrected site plan, landscape plan, irrigation plan,and building plans,must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee,Perimeter Street Fee, Water& Sewer Impact and Tap Fees,and related Permit Fees. * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * Denotes Informational Comment cc: Realty Capital Corp. J. Bolton and Associates LAWP-FILES\REV\97\97089SP3.WPD . x VZVrId INOWXVO I - ,P�l • NN h. l.,PP tz t �+ City of Southlake,Texas MEMORANDUM August 29, 1997 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 682, 2nd reading, designating a contiguous area in Southlake as Reinvestment Zone Number One and creating a Board of Directors for such zone. Attached is Ordinance No. 682 which will establish the boundaries of the Reinvestment Zone and create the board of directors. During the month of September we anticipate determining if, and at what level, the overlapping taxing jurisdictions are interested in participating. Since many uncertainties remain, we are discussing with our bond attorney the proper way to complete the ordinance. As you will notice, the attached ordinance has several incomplete sections which we anticipate resolving prior to the Council meeting. Please place Ordinance No. 682 on the Regular City Council Agenda for September 2, 1997 for consideration. LAH/di ORDINANCE NO. AN ORDINANCE designating a contiguous geographic area in Southlake as Reinvestment Zone Number One, City of Southlake, Texas; creating a Board of Directors for such zone; making certain findings and determinations in relation to such reinvestment zone and resolving other matters incident and related thereto. WHEREAS, the City Council of the City of Southlake, Texas (the "City") , desires to promote the development or redevelopment of a certain contiguous geographic area (a 646 acre tract of land bounded by East Highland Street, North Kimball Avenue, East Southlake Boulevard (FM 1709) and North Carroll Avenue) within the City by the creation of a reinvestment zone as authorized by the Tax Increment Financing Act, V.T.C.A. , Tax Code, Chapter 311 (the "Act") ; and WHEREAS, in compliance with the Act, a public hearing on the creation of the proposed reinvestment zone and its benefits to the City and the property in the proposed zone was ordered to be held on August 26, 1997, during the regular meeting of the Council scheduled to begin at 7 : 00 o'clock P.M in the City Council Chambers of the City Hall, 667 North Carroll Avenue, Southlake, Texas; and WHEREAS, in accordance with the provisions of Section 311. 003 (e) of the Act, a written notice of the City's intention to establish such reinvestment zone was sent on the day of June, 1997 , to the governing body of each taxing unit that levies real property taxes in the proposed reinvestment zone, i.e. , the Carroll Independent School District, Tarrant County, Tarrant County Hospital District and Tarrant County Junior College District; and WHEREAS, on the day of , 1997 , the City Council of Southlake made a formal presentation to the governing bodies of the Carroll Independent School District, Tarrant County, Tarrant County Hospital District and. Tarrant 4ounty Junior College District, which presentation included a description of the proposed boundaries of the zone, the tentative plans for the development or redevelopment of the zone; and a�timate- of tH eneral impact of the proposed zone on property values and tax revenues; and WHEREAS, notice of the August 26, 1997 public hearing was duly published in the , a newspaper having general circulation in the City, in its issue dated , 1997, the date of such publication being at least seven (7) days prior to the date of the public hearing; and 0444M WHEREAS, prior the public hearing on the creation of the reinvestment zone, a preliminary reinvestment zone financing plan (W was prepared containing information relating to the estimated project costs of the zone, the kind, number and location of all proposed public works or public improvements in the zone, an economic feasibility study, the estimated amount of bond indebtedness to be incurred, the methods of financing all estimated project costs and the expected sources of revenue to fiance or pay project costs, including the percentage of tax increment to be derived from the property taxes of each taxing unit that levies taxes on real property in the district, and other data; a copy of such preliminary reinvestment zone financing plan being attached hereto as Exhibit A; and WHEREAS, on August 26, 1997, a public hearing on the creation of the reinvestment zone was held at the time and place noted in the aforesaid notice, and all interested persons, or their attorneys, were invited to speak for or against the creation of the reinvestment zone, the boundaries of the proposed reinvestment zone as described in Exhibit B attached hereto and depicted in the map attached hereto as Exhibit C, the concept of tax increment financing and the appointment of a board of directors for the proposed reinvestment zone; and WHEREAS, all owners of property located within the proposed reinvestment zone and all other taxing units and other interested persons were given the opportunity at such public hearing to protest the creation of the proposed reinvestment zone and/or the inclusion of their property in such reinvestment zone; and WHEREAS, the proponents of the reinvestment zone offered evidence, both oral and documentary, in favor of all of the foregoing matters relating to the creation of the reinvestment zone, and opponents of the reinvestment zone appeared to contest creation of the reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: _ SECTION 1: The factsand recitations contained in the preamble of this ordinance are hereby found anc}�leclared to be true and correct. - _:- -y - SECTION 2 : The City Council, after conducting such hearing and having heard such evidence and testimony, has made the following findings and determinations based on the evidence and testimony presented to it: (awl 0444M -2- (a) The public hearing on adoption of the reinvestment zone has been properly called, held and conducted and notice of such hearing has been published as required by law and delivered to all taxing units overlapping the territory inside the proposed reinvestment zone. (b) The creation of the proposed zone with boundaries as described in Exhibits "B" and "C" will result in benefits to the City, its residents and property owners, in general, and to the property, residents and property owners in the reinvestment zone. (c) The reinvestment zone, as defined in Exhibits "B" and "C" , meets the criteria for the creation of a reinvestment zone as set forth in the Act in that: (1) It is a contiguous geographic area located wholly within the corporate limits of the City. (2) The area is predominately open and because of obsolete platting or deterioration of structures or site improvements, substantially impairs or arrests the sound growth of the City. (3) The area within the reinvestment zone substantially impairs or arrests the sound growth of the City; and has deterioration of site or other improvements. (d) Ten (10) percent or less of the property in the proposed reinvestment zone, excluding property dedicated to public use, is used for residential purposes, which is defined in the Act as any property occupied by a house which has less than five living units. (e) The total appraised..value of Al taxable real property in the proposed reinvestment zone according to the most recent appraisal -rolls of they--City, together with the total appraised va],ue of •taxableal property in all other existing reinvestment zones within the City, if any, according to the most recent appraisal rolls of the City, does not exceed fifteen (15) percent of the current total appraised value of taxable real property in the City and in the industrial districts created by the City, if any. -3- 0"4M (f) The proposed reinvestment zone does not contain more than fifteen (15) percent of the total appraised value of real property taxable by a county or school district. (g) The improvements in the reinvestment zone will significantly enhance the value of all the taxable real property in the reinvestment zone and will be of general benefit to the City. (h) The development or redevelopment of the property in the proposed reinvestment zone will not occur solely through private investment in the reasonably foreseeable future. SECTION 3 : The City hereby creates a reinvestment zone over the area described by the metes and bounds in Exhibit "B" attached hereto and depicted in the map attached hereto as Exhibit "C" and such reinvestment zone shall hereafter be identified as Reinvestment Zone Number One, City of Southlake, Texas (the "Zone" or "Reinvestment Zone") . SECTION 4 : There is hereby established a board of directors for the Zone which shall consist of ( ) members. The board of directors of the Reinvestment Zone shall be appointed as follows: members shall be appointed by the City Council, and the governing bodies of each of the following taxing units which levies taxes on real property in the Zone (Carroll Independent School District, Tarrant County, Tarrant County Junior College District, Tarrant County Hospital District) , shall each appoint one member to the board; provided, however, that if a taxing unit waives its right to appoint a member to the board, the City may appoint such board member, in its stead. The initial board of directors shall be appointed by resolution of the governing bodies of the City and the taxing units as provided herein._within sj?5ty (60) days of the passage of this Ordinance. All members appointed to the board shall meet eligibility-requirements as set forth in the Act. - The terms of the board members shall be for two year terms. The governing body of the City shall designate a member of the board to serve as chairman of the board of directors, and the board shall elect from its members a vice chairman and other officers as it sees fit. o -4- The board of directors shall make recommendations to the City concerning the administration of the Zone. It shall prepare and adopt a project plan and a reinvestment zone financing plan for the Zone and must submit such plans to the City Council for its approval. SECTION 5: The Zone shall take effect on January 1, 1998, and that the termination of the Zone shall occur on December 31, 2018, or at an earlier time designated by subsequent ordinance of the City Council in the event the City determines that the reinvestment zone should be terminated due to insufficient private investment, accelerated private investment or other good cause, or at such time as all project costs and tax increment bonds, if any, and the interest thereon, have been paid in full. SECTION 6: The Tax Increment Base for the Zone, which is the total appraised value of all taxable real property located in the reinvestment zone, is to be determined as of January 1, 1997, the year in which the Zone was designated as a reinvestment zone. SECTION 7 : There is hereby created and established a Tax Increment Fund for the Zone which may be divided into such subaccounts as may be authorized by subsequent resolution or ordinance, into which all Tax Increments, less any of the amounts not required to be paid into the Tax Increment Fund pursuant to the Act, are to be deposited. The Tax Increment Fund and any subaccounts are to be maintained in an account kept at a depository bank of the City, and money deposited to the credit of such Fund shall be secured in the manner prescribed by law for funds of Texas cities. In addition, all revenues from the sale of any tax increment bonds and notes hereafter issued by the City, revenues from the sale of any property acquired as part of the tax increment financing plan and other revenues to be dedicated to and used in the reinvestment zone shall be deposited into such fund or subaccount from which money will be disbursed to pay project costs for the Zone or to satisfy the claims of holders of tax increment bonds or notes issued for the Zone. _ -- l P_ SECTION 8: If any section, paragraph, clause or provision of this Ordinance shall for any reason be held--to be invalid or unenforceable, the invalidity or--unenforzeabilit =of such section, paragraph, clause or, provision shall not affect any of the remaining provisions of this Ordinance. -5- SECTION 9: It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A. , Government Code, Chapter 551, as amended. SECTION 10: This Ordinance shall take effect and be in force immediately from and after its passage on the date shown below. PASSED ON FIRST READING, August 5, 1997. PASSED ON SECOND READING AND ADOPTED, this 26th day of August, 1997 . CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary (W (City Seal) APPROVED AS TO LEGALITY: City Attorney owe -6- 'A -� City of Southlake, Texas 1 STAFF REPORT August 29, 1997 i CASE NO: ZA 97-093 PROJECT: First Reading/Ordinance No. 480-253 i Rezoning[Brock Addition ! j STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as the south 20' of Lot 2, Brock Addition, an addition to the City of Southlake, Tarrant County,Texas, according to the plat recorded in Volume 388-44, Page 40, Plat Records, Tarrant County, Texas. i LOCATION: On Brock Drive, approximately 520' south of West Southlake Boulevard(F.M. 1709). OWNER/APPLICANT: E. I. Wiesman CURRENT ZONING: "CS" Community Service District REQUESTED ZONING: "SF-lA" Single Family Residential District LAND USE CATEGORY: Low Density Residential CORRIDOR RECOMMENDATION: Residential NO. NOTICES SENT: Six (6) RESPONSES: One (1) response was received within the 200' notification area: • E.I. Wiesman, 2607 Southlake Blvd., Southlake, in favor. "The South 20' of Lot 2 in the Brock Addition has always been a part of Lot 3 since its original purchase on April 25, 1973 as Single Residential District. (See Attachment) The error was recently made after the Southlake Church of Christ purchased Lot 2 from A.H. Peters, and rezoned the entire Lot 2 as Community Service District." See attached deed. P & Z ACTION: August 7, 1997; Approved(6-0)Applicant's request to table until the August 21. 1997, Planning & Zoning Commission meeting. City of Southlake, Texas August 21, 1997; Approved(7-0). STAFF COMMENTS: Please note that a change of zoning to the ""SF-IA"" Single Family Residential District does not require a Concept Plan Review by Staff. ' i L:\WP-FILES\MEMO\97CASES\97-093Z.WPD i i i I 4 i 8a-D- GF#8213-11 IiKK yjI o..d 1 �. — WO APRZGI 4Iz91 LS j;� STATE OF TEXAS KNOW ALL MEN BY TH.ESE-4�RESENTa:'5 3J' PECE36 )UNTY OF TARRANT THAT WE D. BROCK and wife, ANj��_ BROCK II of Tarrant County, Texas ,in consideration of the sum of i� TEN AND N01100 DOLLARS ($ 10.00 ), t�N a,id other good and valuable consideration, cash f to said grantor in hand paid by the grantee hereinafter named,the receipt of which is hereby acknowledged, have GRANTED, SOLD anb CON VEYEI) and by these presents do GRANT, SELL and CONVEY unto 1E. I. WIESMAN and wife, GLENDA—WIESMAN I IIi of Lavranc county, 'Texas, Mi that certain property situated in Tarrant II i County,Texas, described as follows, to-wit: Lot 3 and the South 20 foet of Lot 2, BROCK ADDITION to the Town of South Lake, "=arrant County, Texas, according to plat recorded in Volu_e 388-4b, page 40, Deed Records, ff t II Tarrant County, Texas j� I This conveyance is made subject to: �` 1 ill. Any and all restrictions, covenants, conditnns and easements, if any, relating to the einabove described property, but only to the extent they are still in effect, shown 1 record in Tarrant County, Texas, and to all zoning laws, regulations and ordinances municipal and other governmental authorities, if any, but only to the extent they are still in effect, relating to the hereinabove described property. ..I �'11 I Ili .. . IIf TO HAVE AND TO HOLD the said premises, together with all rights, hereditaments and appurte- nances thereto belonging, unto the said grantees above named, their heirs and assigns forever.And !� 'we do hereby bind ourselves, our heirs, executors and administrators to WARRANT i I� 6.ND FOREVER DEFEND the title to said property unto the said,f p p grantees above named, their li irs and assigns, against every person whomsoever lawfully claiming or to claim the same, or any pa.t thereof. i • !! EXECUTED this the 25th day of APRIL, 1973. ack/D. Brock / Anita Brock ill _ Milli WW-1�111 MEN MEN jai � r I�II�■ ��1���� ����■ � MEN MEN , ■ ter► ,= 1� W i�►CT > > > ic �w "ISCLAIMER TRACT MAP ta has been compiled for T • S thlake. Various official iiCial sources were . d to -de to insure the accuracy of LL this information. Every effort TR.2F1 R2 . 2.03 O ' 'R.2C14 TR.2C15 1.72 Ac 1.78 Ac N55 O 36 2F 3 TR 2F1A �R 10B 002 O SR1 TR.2A1 1� l0A 2.64 Ac .� IA SF-1 A 100 N1/2 cs L J. PARRY LE F-1 A TR SA G A RCS � .94 AC J 1 $ A A. PETERS 4 IV 0 a — ' cz SF 1A R SOUTHLAKE CHURCH OF CHRIST p �R U �' VARGAS 6.80 O Q V 0�1V cJ xn - ✓1�, a A' E WEISMAN 3 TR. E.WEISMAN SF-1 A �. KENNEMER 5 -80 11A3 SF-1 AA 80 Ac Ac AG 68 I t.5A2 " .482 Ac "' 2 6A TR.5C 1' 9.56 Ac TR.5B 3.10 Ac AG 1 B to 5B ADJACENT OWNERS TR5A c AND ZONING r - WAY-NE AND JUKE HANEY' sP Tl� 03/27/ 1996 2090 - 460 KELLER ISD 907 �a-� Off 7flf, AM Qw (m TrT.,T T TlT) /"ITT+'%T 4 n ---- - - CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-253 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 THE SOUTH 20'OF LOT 2,BROCK ADDITION, SITUATED IN THE JESSE G. ALLEN SURVEY, ABSTRACT NO. 18 AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "CS" COMMUNITY SERVICE DISTRICT TO "SF-IA" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. REQUESTED ZONING: 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 "CS" Community Service District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise L:\CTYDOCS\ORD\CASES\480-253.WPD Page 1 CCi — producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation,water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake,Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being the south 20'of Lot 2,Brock Addition, situated in the Jesse G. Allen Survey, Abstract No. 18 and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from CS Community Service District to "SF-IA" Single Family Residential District. L:\CTYDOCS\ORD\CASES\480-253.WPD Page 2 ^ _f� 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 t 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 j particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court or not,under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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 L:\CTYDOCS\ORD\CASES\480-253.WPD Page 3 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 , 1997. MAYOR ATTEST: CITY SECRETARY i PASSED AND APPROVED on the 2nd reading the day of , 1997. i MAYOR L:\CTYDOCS\ORD\CASES\480-253.WPD Page 4 ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 1 _ r L:\CTYDOCS\ORD\CASES\480-253.WPD Page 5 } EXHIBIT "A" Property legally described as the south 20' of Lot 2,Brock Addition, situated in the Jesse G. Allen Survey,Abstract No. 18, an addition to the City of Southlake, Tarrant County,Texas, according to the plat recorded in Volume 388-44,Page 40,Plat Records,Tarrant County, Texas. L:\CTYDOCS\ORD\CASES\480-253.WPD Page 6 City of Southlake, Texas STAFF REPORT August 29, 1997 CASE NO: ZA 97-094 PROJECT: Plat Revision - Brock Addition STAFF CONTACT: Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Plat Revision for the proposed Lots 1R and 3R, Brock Addition, being approximately 10.147 acres, and being a revision of Lot 3R, J. G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A,Slide 2174,Plat Records,Tarrant County,Texas,and Lots 1,2,and 3,of the Brock Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-44,Page 40, Plat Records, Tarrant County, Texas, and a 0.015 acre tract of land out of the J. G. Allen Survey, Abstract No. 18, in the City of Southlake, Tarrant County, Texas. LOCATION: On the southwest corner of the intersection of Brock Drive and West Southlake Boulevard (F.M. 1709). I OWNERS: Southlake Church of Christ(Lot 1R,Brock Addition)and E.I. Wiesman(Lot I' 3R, Brock Addition). APPLICANT: Southlake Church of Christ CURRENT ZONING: "CS" Community Service District and "SF-IA" Single Family Residential District LAND USE CATEGORY: Public/Semi-Public and Low Density Residential CORRIDOR RECOMMENDATION: Residential NO. NOTICES SENT: Eight (8) RESPONSES: None P &Z ACTION: August 7, 1997; Approved(6-0)Applicant's request to table until the August 21, 1997, Planning & Zoning Commission meeting. August 21, 1997; Approved (7-0) subject to Plat Review Summary No. 1, dated August 15, 1997. City of Southlake,Texas STAFF COMMENTS: The applicant has met all items in Plat Review Summary No. 1,dated August 15, 1997, with the exception of those items addressed in the attached Plat Review Summary No. 2, dated August 29, 1997. L:\WP-FILES\NIEMO\97CASES\97-094PR.WPD s tROM wl•=ice W!n��'� r .c..,,, = ..�� ��♦ ♦�,r E MW err i ,■ ME 1 a ♦ ��� WIN 11-4 ■. . 4IN ■1 2� lei _ 402 Qd 7,JIM MIM ■ bar► � MEN I. CARMI • ��� aDMAW SCHOOL �PISCLAIMER TRACT MAP la has been • d for The ithlake. official icial sources were . d to this information. .. TR 2F 1A Z'<< /106 SF-1A IA TR.2A C. HALLMARK 2.64 1A .0"1 O SF-1A ---------- NJ. PARRY TR SA A 1` � . .94 Ac J A 2 No A SF-1A rj V P.VARGAS PA0: C ' .0 O O � ' w a 3 E. KENNEMER TR. 5A3 .80 SF-1 A Ac SF-1A Jv J. HORTON G.PAPILLARD TR.5A2 1, SF-1 A in 13.482 Ac �. y• 6A TR.5C 1" ti 9.56 Ac :r 1.•t %fit• I: TR.5B of 3.10 Ac 58 i 5A ADJACENT OWNERS 03/2 AND ZONING SPIN #15 WAYNE AND JUNE HANEY 2 77 �00 �' Y907 400 50 0o 700 r 13 STA- mw_ COORD � zoo � NnRt�100 � � N ce Ln z cl: z SPI 11M I I I LU 5 uj o uj cr —41,010 Minos_ u Ot 7x 00685 A.01,81.0 N ..... ..... th -oft c _ o m .o- i • �9 a ..X N� _' o ° ° •° ' y F Y5� C tea. <` °'� •� � �.< v i:z of w°iu : i •_ F _ c ; • ° - o$r°. 8 mat o o •z - r F�F o"o' F E2 g 9i < .o is u•c° cu g: iF; r°`a• �I =:CF ei`• �3 e WGO ;Yr •Nm` [..p YG� nG4 �ySis C N W ..� - f'.• ^<O pWUG ..E F uO� miV _�O4 �p.• 00 �O Flo C�i J i..i.m i IV ml t y-_E wz•o leuT Ew EYp 9: �0 =My� 1 x x ~ [� wee PLO: i�•� °C °• `` �Y m < • °E Eon°UF v a a' uo'o• 4�= �[ s of c°4 i °u' Y _ oy DO 4 ;�a p I} G t O •��, 6F 2• •m°O•u0 O'~o GY Fuu UF m mOzuc in•-°.. es)nwa:f�4t-�Ec•Eo F��o<? hmW n• Z#�°.�..• F-i O8YF'a.i'• y �v. Oui1 jF ���° S xo Y `o .y �WI'I a F W i i Wcr ' '1 •�,... ,� V) LU dV4 �A p• Au Ci �3 •i nh�.rv,'oor YrEBS V2 s y•Y d a, f �. ql 17. rc -41 .r'apf 740 co only 2 d, ' J ir P; o,9 s i s9. HRI I If- 30. j.j. 12-11 .z ! H jg sit. as o tl.2 t LU tl 1154, 1- a at— Oz Jill pA I 1. 1.7 j At tiff tt Witt ji- Z.v Ali it.` - i xmo. 1W ui ---------------------- Lij (IMP" ilk A LU 12 T"Al I L Vill! 1 5im.8 LU fit ui -7 '2�, whi'A. ,a*,h .: nz' I S 4Mp*!j!! ip an i .] jl . . tj "iPU1 A-1 .1 o 21.. 01001, > LU rr Ink O 49D )3rock , A dd j' -ion City of Southlake,Texas PLAT REVIEW SUMMARY ase No: ZA 97-094 Review No: Two ' Date of Review: 8/29/97 Project Name: Plat Revision Lots 1R&3R.Brock Additiog,being a revision of Lot 31L J.G.Allen No 18 Addition, Cabinet A. Slide 2174. P.R.T.C.T.; a revision of Lots 1, 2 & 3 of the Brock Addition Vole 388--44,Page 40.P.R.T.C.T.: and g00,015 acre tract of land being 10148 acres out of the J.G. Allen Suter .Abstract No. 18 APPLICANT: SURVEYOR: Southlake Church of Christ Larry D. Stone 2501 West Southlake Blvd, 601 Circleview Drive South Sgiahlake Texas 76092 Hurst, Texas 76054 Phone : 817)379-5298 Phone : 817)285-9680 Fax : (817) 379-9249 Fax CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/25/97 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. The following changes are needed with regard to the legal description: a. Provide all deed record information(volume and page)for all current owners in the preamble. b. Add the bearing degrees(00°)to graphic label on the southernmost west lot line of proposed Lot 3R. This should correspond to the bearing in the 9th call from the P.O.B. in the written description. 2. Provide easements for water,sewer and/or drainage in compliance with construction plans as approved by the Public Works Department. P & Z Action: August 7, 1997, Approved (6-0) Applicant's request to table until the August 21, 1997, Planning&Zoning Commission meeting. August 21, 1997,Approved(7-0)subject to Plat Review Summary No. 1, dated August 15, 1997. * If any, the Developer's Agreement for this addition should consider any perimeter street, drainage, park dedication,off-site sewer extensions and off-site drainage easement requirements. * Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals,appear on the plat. Denotes Informational Comment cc: Larry D. Stone; Southlake Church of Christ; E.I. Wiesman(817)431-1004 L:%WP-Fft E51REN1197%97094PR2.WPD a � Re d III if . ��1 r�tit a r� ' r1 r r #�# i� y 1 � � �, �rrft t � _ y��] ; -• ��1 ; � �r'�f4t�tl �;j °! -'` "1 °! f�i � t • r +� i�i��� a ]A � i �fill j fill isEE�11 •,rr� 1�t is . H .# . y. y. .( si � ; e t 'a t� AIL 7i 1� ; � � !!i : ! !� ii., ��od,i; , ! e f�,i ri �; IEBPS lot ■ fit W # p 5 51 5 a i fill arm . J --------- --- 1' �i 1 1 111 1 .m W I '` 1•. . € : m ;d i i City of Southlake,Texas STAFF REPORT August 29, 1997 CASE NO: ZA 97-103 PROJECT: First Reading/Ordinance No 480-254 Rezoning/O.W. Knight Survey Abstract No. 899, Tract 2B1 STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as approximately 3.99 acres situated in the O. W. Knight Survey,Abstract No. 899, and being Tract 2B 1. LOCATION: Northeast corner of the intersection of Lilac Lane and Pine Drive OWNER: Sandra Kay Talley APPLICANT: Brad Barrington CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-1A" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Fourteen (14) RESPONSES: One (1) response was received within the 200' notification area: • G.K. Freeza, 1713 Arbor Mill Cr., Apt 1412, Bedford, Texas. "I have no problem with this zoning change as long as it will not effect my status as "AG" Agricultural District." P&Z ACTION: August 21,1997; Approved (7-0). STAFF COMMENTS: Please note that a change of zoning to the "SF-IA" Single Family Residential District does not require a Concept Plan Review by Staff. L:\WP-FILES\MEMO\97CASES\97-103Z.WPD I HALL rTION W.W. HAT Vy A-M7 SLR%fy A-40 A TA 9F ai IyD 9E jk. 3A 4 3AI % 3AIA H A LI % 3E L AL4oOm -4- Wk WY A-6W 3CI PAW TT 3818 25 Ac JB 24 22 Ac 7RA 30 3K 3 7.665 Ac 3.4 X 30 —3D2 101A�jkj 11 4E eL;A ?EI Xr — ---- X2 5c 5F 5E 5D 5D 502 5C-3A 3A! IC JIG Ac 381 H 503 3.87 Ac 156 Ac 'S.43 Ac 195 311 rDI5 10 Ac 6 A, 1.57 Ac A, Ac 0 —.j 301 15 A< IS Ac SH L- 3F ZAIC 2A7PAI0 2�Al 2A5 2A.3 2 WE ON L 20'9-- ...... ...... . .... 3141 c-D 3H, NrK 28 51 - 7 eci .1 AC- AG IF 29 5 OSEDIco IGI 10 A: Ac 2C 2CL. 50.7I Ac 90 CK 7 HERAN R 6 Ac 5c i T. 10 AC 5D 5cl PARK 4 Ac -17, c y -4 -3.— Tr 1, 17 T TA I If TRACT MAP r -j ml Ac �6 ' s TR SH ADJACENT OWNERS 03 •� AND ZONING "° TR 2A2 SPIN #10 AL MORIN7R 2A10 14 .84 ACPk 1e TR 2A1B STR 2AIA .97 AC 3"3F 4.23 AC (3.23 AC) (1.00 AC) A 1 Ry 0 jl 1 2R1 W ) VTR 2A5 z ---- -�------ 6.03 AC S � � � 5� 2R -• � 2 C E �59 PIN ;1 �2�45 AG PINE CT E PINE ACRES C to3+es �K �cj 18 s P.WEST, �g CR� SF-1 A SF-1 A RING _ . TR HEYNE spy G. FREEZA 584 30 s SF-1 A AG �• UAR R. HEYNE S 7R 261 22 v 4.0 AC a 3 m . O J N ' 1 LILAC D. PEARSON SF-1A tle uo � y,e 1 W 1 e Z 1 LL B. MARRIOTT 1 SF-1 A A -1 A so LCE SF t 2R4 � 1.00 O ; 1.447 a 24 S. BEZNER J. RUDDUCK V. CARLIE 1 AG41 ' 1 •� 111 ' kL u WHITE CHAPEL CT � TR 2C2A � TR 2C TR 2C3 s 7.0 AC +3) 1..� �. 4.0 AC 3.54 AC 5 I ' h6 22a1 o 1 ? 2R5 •I �� �. i CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-254 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 3.99 ACRES SITUATED IN THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899, AND BEING TRACT 2131 AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"FROM"AG"AGRICULTURAL DISTRICT TO"SF- IA" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR (W PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. REQUESTED ZONING: WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to• amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise L:\CTYDOCS\ORD\CASES\480-254.WPD Page 1 —1 i I 1 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. i 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. F 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 i 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, I water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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 L:\CTYDOCS\ORD\CASES\480-254.WPD Page 3 1 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. i a PASSED AND APPROVED on the 1 st reading the day of . 1997. I t i MAYOR 1 ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. MAYOR L:\CTYDOCS\ORD\CASES\480-254.WPD Page 4 ATTEST: I i CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: I i CITY ATTORNEY L:\CTYDOCS\ORD\CASES\480-254.WPD Page 5 ec-E-) EXHIBIT "A" (Moe 3H8-212.Pap combust corner of Lot 1,Block A of SUN SQUARE BEGINNING at the sortnortheast corner of said 4 acre to s also�i 4 Plat Records,Tartan[County,Texas ADDITION,to the City of SOAhlake accoraccordingP� in Volume pe 2. and also being in the south line of Lot 3 of SPRING CREEK ACRES.to the City of Souddake according to the Plat recorded in Volume 322-202.Pap 74.Plat Records.Tarrant County,Texas; THENCE South 00 degrees 29 minutes 18-wm&Wed done the wed line of said Lot 1.Block A of SUN SQUARE ADDITION all a a distance of 446.32 fed to a 5/8 inch iron rod ad for a corner in the new north right of way line of Lilac lane and continuing did.of 476.32 fed to a point in the eederline of Lilac Lane; THENCE North 99 degrm 28 minutes 17 seconds West a distance of 365.13 fed along said oedarline to a point at the interjection of said costa ine with the ceotaiine of Pine Drive; THENCE North 00 degrees 19 minutes 27 woonds East a distance of 473.64 feet to a paid far a Darner. O.wa line of Pine THENCE South 89 dep;ea 48 minutes 25 seconds East passing at 27.62 fat a 5/8 inch irate ad in the new east ripbt y Drive and owrtinuing is all a distance of 292.68 fed to a 5/3 inch iron rod found in the south line of said lot 3 of SPRING CREEK ACRES: 58 m ENCE North 89 depress minutes 15 seconds East a distame of 73.82 fed to the POINT OF BEGINNING andcontaining.763.1,goose fed of m more a 1.of which 21.953.02 square fed lie withiG the rigM of way of Pine Drive and Lilac Lane y e L:\CTYDOCS\ORD\CASES\480-254.WPD Page 6 Ell City of Southlake,Texas STAFF REPORT I I August 29, 1997 CASE NO: ZA 97-104 PROJECT: Plat Showing/Lots 7 & 8. O W Knight No. 899 Addition I i STAFF CONTACT: Dennis Killough, Planner I, 481-5581, ext. 787 Attached is a letter from the applicant requesting that the item be tabled until the City Council meeting on September 16, 1997. I � L:\WP-FILES\MEMO\97CASES\97-104PS.TBL i I I I August 25, 1997 Southlake City Council: I respectfully request that the council table plat showing ZA97- 104 until September 16, 1997 so that corrections may be made on the plat. Respectf lly, Brad Barrington RECD AUG 26 1997 60 "� 4 City of Southlake,Texas STAFF REPORT August 29, 1997 CASE NO: ZA 97-105 PROJECT: Revised Preliminary Plat/Timarron Addition - .yndsor Grove, Phase II STAFF CONTACT: Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Revised Preliminary Plat for Timarron Addition-Wyndsor Grove, Phase II, legally described as being approximately 27.206 acres situated in the O.W. Knight Survey, Abstract No. 899, and being a portion of Tracts 8F1, 8H, and 8H1. This plat proposes sixty-one (61) residential lots and two (2) common greens. LOCATION: Northwest corner of the intersection of Byron Nelson Parkway and East Continental Boulevard. OWNER/APPLICANT: Westerra- Timarron, L.P. CURRENT ZONING: "R-PUD" Residential Planned Unit Development District LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Twenty-three (23) RESPONSES: Two (2) responses were received within the 200' notification area: • Kerry Brennan, 811 Dominion, Southlake, TX, undecided. "Not educated on all issues. This was first chance to attend meeting. Drainage a major concern." • lane M. Hansen, 704 Lonford Dr., Southlake, in favor. Four (4) responses were received outside the 200' notification area: • Carolyn 1forris, 403 St. Charles Court, Southlake. Resident states concerns with drainage, mentions requiring a method for capturing solid matter, and asks that the developer be required to install a proper drainage system. See attached letter. • Sharon and Raymond Richardson, 400 St. Charles Court, Southlake, opposed. Residents state concerns regarding drainage and asks that a method be required to capture solid matter, and asks that underground storm sewers be constructed. See attached letter. ��-2 " City of Southlake,Texas • David R. Carey, 812 Dominion Dr., Southlake. Resident states concerns regarding drainage, silt deposits, and asks for a separate drainage facility for the Timarron i development. See attached letter. • Lesa and Richard Sherwood, 400 Bayou Vista, Southlake. Resident states concerns regarding the lack of proper drainage restrictions and the preservation of ponds within the Dominion subdivision. See attached letter. A petition with thirty-three (33) signatures was received. Two (2) signatures were within the 200' notification area, while thirty-one signatures were outside the 200' notification area. See attached petition. P & Z ACTION: August 21, 1997; Approved(4-2-1) subject to Plat Review Summary No. 1, dated August 15, 1997, deleting Item #10 (centerline of Wentwood Drive). STAFF COMMENTS: Attached is Plat Review Summary No. 1, dated August 15, 1997. Please note that the purpose of the revision is to reconfigure lotting and street alignment similar to that of Wyndsor Creek, Phase I. L:\WP-FILES\MEMO\97CASES\97-105PP.WPD PETITION We, the undersigned residents of the Dominion, Southlake, TX, respectfully request that the Planning and Zoning Commission carefully examine the proposal for Wyndsor Grove, Phase II. This proposal, to place 61 homes and two common areas on slightly over 27 acres, could have a devastating impact on nearby residents. Several of our neighbors have already had extensive damage caused by water runoff from construction during Phase I, and the drainage ponds within our subdivision have been heavily silted due to this construction. Any proposal to develop the second phase of this area should consider the potential drainage problems and include solutions to mitigate those problems. ADDRESS PHONE o c�14rdAlow Doe-- g'2!Zg63 a �lll o ��-70 W. q A, 4sA� Lima a �2A 1 ,r, 21yO27 / ^r �/r 1 PETITION i We, the undersigned residents of the Dominion, Southlake, TX, respectfully request that the Planning and Zoning Commission carefully examine the proposal for Wyndsor Grove, Phase II. This proposal, to place 61 homes and two common areas on slightly over 27 acres, could have a devastating impact on nearby residents. Several of our neighbors have already had extensive damage caused by water runoff from construction during Phase I, and the drainage ponds within our subdivision have been heavily silted due to this construction. Any proposal to develop the second phase of this area should consider the potential drainage problems and include solutions to mitigate those problems. I NAME ADDRESS PHONE i �' s' It �, 1 PETITION We, the undersigned residents of the Dominion, Southlake, TX, respectfully request that the Planning and Zoning Commission carefully examine the proposal for Wyndsor Grove, Phase II. This proposal, to place 61 homes and two common areas on slightly over 27 acres, could have a devastating impact on nearby residents. Several of our neighbors have already had extensive damage caused by water runoff from construction during Phase I, and the drainage ponds within our subdivision have been heavily silted due to this construction. Any proposal to develop the second phase of this area should consider the potential drainage problems and include solutions to mitigate those problems. NAME ADDRESS PHONE b�ti�t < �oww qoc C4-1 act - q� _ � . ►.iFrrra� • " N N r 1 f� �r✓ �I ^ Iz �� �w O ail ` ry If 8a N3383 axr'lalR Q Ar " H ac IU a o X s _ ko ^ f_ a. ^I^ V I �r ; w O �I .I m O ^ 10 N ui A I ° �I M 00 ' Y N �QQ (lA W Q W Ct ry ' ^ Cif 'Ott eta R x"d NOMN NOUB 0 - �• ts I oz < M ^ i rr =o m^ ¢p p ItMD « f C Mf � T'F �f—' ?• �h = R Y 5A ap m i = 4� I - .r 0 w 1 o - V T V N LU �J T Y R (L 1 Z .w H3�jy0°N h� ry s Z 21a NOINI1g0a ,w O O ^ O R N „ z N w x wo m Cl) Za IN ,� 7 V/ O =` C) ` °D M1 1 R 2 w¢W n N ^ 1 w N R ! ^ tO.�U< I V • N l a ^ C V - - a 3NOZ "vwylkll'1 t11>InN ADJACENT LAND OWNERS 14-Aug-97 # Owner Name SPIN#9 LAURA MIKLOSKO ! Ol JACK MICHAEL LOUIS 02 BROWNING, SHARLA S&MICHAEL O 02 DEPKER,MARK T ETUX PATRICIA F 03 CROCKETT,DONALD R 04 BINGGELI,ANTHONY W&VICTORIA 05 CHRISTENSEN,NORMAN&KRISTINE 06 BRENNAN,KERRY ETUX MELANIE 07 SOUTHLAKE DOMINION HOMEOWNER, 08 HAMMONDS,MARK&LUISA 09 SIMONAK,DAVID ETUX CATHLYNN 10 BRASHER,CHARLES&CATHERINE 11-22 TIMARRON LAND CORP-GARY SNEED 23 STROW,GLENN A&TERRY R 24 TIMARRON OWNERS ASSOC INC, 4 i 25 TIMARRON LAND CORP, 26 TIMARRON LAND CORP, 27 VAN WEY,RONALD D ETUX MARIE T 28 PIERCE HOMES INC, 28 STOLTZMAN, WAYNE&ISABEL 29 TIMARRON LAND CORP, 30 HANSEN, STEPHEN G&JANE M 31 BAAS,MICHAEL R ETUX JOAN 32 EKONOMY, KARL P&JANET 33 HILL,DANNY J ETUX PEGGY P i 34 TIMARRON OWNERS ASSOC INC, 35 WEEKLEY HOMES INC, 36 DREES 37 TIMARRON OWNERS ASSOC INC, 38 WEEKLEY HOMES INC, 39 WEEKLEY HOMES INC, 40 TIMARRON OWNERS ASSOC INC, 41 TIMARRON OWNERS ASSOC INC, 1 se " Z Z Z N 2 W tjt i 2 i t Y t ii Q y W •� `ii{;t� �; € 1tS€€ ltj jtIt R=t =€t � ffi�a. p� � & � � � � ^m� aWi'- WZ j- � r!1 ii3� tj � itcd� FjR Ej�� aE:��_y! t�2 � � _- � 5 Q � �• o � $Qt¢ �%c iFi �. t 'ySgoo 3urB°ioi°Ynoo°o3so° eom t o Or(��c k II k k k S�i k i k k i I W''� wu s +wro3`wvl r Owv,11 g j ! •_ 34d' irla xdvNM'BtW 0304oc40. rk ` ri ti w sljll = t �t t F .�� �y$ a n •.. x �.. r d-����•- � S t� i ! ! r i: [ ■ o��ydbo9r v. 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Iig; a $wII4 $•' �� 5,= } - - a _ ^, "R R R � � Y i i c i a yl@KC '97 8 At as„rC`i ^ � N pr it IQ 'jsS soave ayaX 5 0� Q Ox- .a o City of Southlake,Texas PRELIMINARY PLAT REVIEW SUMMARY e No: ZA 97-105 Review No:One Date of Review: /1 7 Project Name: Revised Preliminary Plat-Timarron Addition Wyndsor Grove Phase II being 27 206 acres out of the O W Knight Survey,Abstract No 899 APPLICANT: SURVEYOR: Timarron Land Corporation Carter & Burgess. Inc. 300E Carpenter Freeway. Suite 1425 7950 Elmbrook Drive. Suite 250 Irving. Texas 75062 Dallas, Texas 75247 Phone: (214) 791-3333 Phone: (214) 638-0145 Fax: (214) 541-0800 Fax: (214) 638-0447 Attn: Todd Janssen CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7 / 7 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS ORNEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. Place the City case number"ZA97-105" in the lower right hand corner of the drawing. i 2. Change the boundary to exclude the existing dedicated ROW. The ROW abandonment needs to be processed via separate instrument prior to submittal of a final plat at which time the abandoned ROW could be included in the Common Green lot. This change will also impact the legal description,gross acres in title block, density calculation, etc. i 3. The curve labels for the first call and the last call are reversed, i.e. "left"should be"right". 4. Label the zoning of adjacent properties. Show and label Lot 34, Block 30 (Common Green) in Ph. One. 5. Dimension existing traveled roadway widths.Label existing R.O.W width of Continental Blvd. at the intersection of Byron Nelson Pkwy. . 6. Correct lot and block numbering.Lots and blocks should be numbered in consecutive order including common areas with no doubled numberings of Lot/Blocks. If necessary,redesignate block numbers between the two phases. 7. A maximum of 50%of the lots within Ph. I and II may have a front building setback of less than 30'. A minimum of 2 lots within this phase must increase the front building setback line to a minimum of 30'. 8. Lot 18, Block 30 does not appear to meet the minimum lot depth requirement of 125'. 9. Show and label the general outline of area embraced by tree cover. �z--10 City of Southlake,Texas 10. The centerline of Wentwood Drive,at the intersection with Hanover Drive,must be offset a minimum of 125'from the centerline of Byron Nelson Parkway.The Offset provided is approximately 100'. (P & ZAction 8621197. Delete) 11. The following changes are needed with regard to easements: a. Provide easements for water sewer and/or drainage in compliance with plans as approved by Public Works.According to preliminary plans, a minimum 10'UE is required Lot 19,Block 30 for sewer,and a minimum 10' DE crossing lot 13,Block 28 expanding and connecting to a 45'DE crossing Lots 5 and 6,Block 1,Dominion. Additional easements made be required. b. Show intended easements for franchise utilities. A minimum 10'U E is required. P&Z Action August 21, 1997.•Approved (4-2-1) subject to Plat Review Summary No. 1, dated August 15, 1997, deleting Item #10(centerline of Wentwood Drive). * Although the development regulations allow for 10' side yard building setback lines adjacent to a street for both "back to back" and "reverse frontage" lots, staff recommends that side yard setback lines adjacent to the streets for Lots 39,40,49, 52 and 57,Block 31 be increased due to the 30' front setback line on the adjacent lots. Generally a 5' reduction from the required front set back line is recommended. * The Developer's Agreement for this addition should consider perimeter street and drainage, park dedication requirements, off-site sewer extensions,off-site drainage easements. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 8/25/97. If not received by that time,no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11"x 17" revised reduction must be provided. * Denotes Informational Comment cc: Timarron Land Corporation Carter&Burgess, Inc. LAWP-FILES\REV\97\97105PP 1.WPD e- A • a: D 7 e t 7 i 3 i - 7 i 7 > 33 77 ! a l 1 1 1 1 1 2 ` " �! ` 3lilSi ! ! i ! !!ss • 9 + I � ii1 ! Is x2 � i ! lir3e % 33xsS73li;f7333 : ; � o �'Y: a3 `t " �:'� f��.ty! ,,� �I 451��•J!l+il � ! � a O��:r H� �s>y si;„w� w...�_ e t a • ■ ■ ■ i a ■ i 6 i ! ! f i s • i - x S !/ $ $w;v iN,, WJ�- O Won F Z o r r i r r r r • r r � r � r i r r • r r � o � � c - o v e r e 91 r r r fir ere S ssiiissastsss ! ltii p '� �' a saiG ��► l �� a pit � r€�a IS " lad Ta RaLi t ,lu _�- It Ili' $ '� is 'Sv 1 1 � � �X_£.• r:r: "s Wr OCK Olt �,_ � 'sir � � ^ � _ —ter, � - •� :� � .jS SY+yy S-�� SL 11 ~r I --- ---- ---- - 1 i J City of Southlake,Texas STAFF REPORT August 29, 1997 CASE NO: ZA 97-107 PROJECT: First Reading/Ordinance No. 480-255 Rezoning/John A. Freeman Survey, Abstract No. 529,Tracts 4A1 and 4A4 I STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as approximately 1.1719 acres situated in the John A. Freeman Survey, Abstract i No. 529, and being Tracts 4A1 and 4A4. LOCATION: 710 South Kimball Avenue approximately 430' north of the intersection of South Kimball Avenue and Crooked Lane. OWNER: JAMB, Enterprises APPLICANT: Secure Source, Inc. CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "O-1" Office District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Ten(10) RESPONSES: Two(2)responses were received within the 200'notification area: • Jack Petty, 616 K. Kimball, Southlake, in favor. "With Kimball becoming the main 4 lane road from 114 to 26 the area will be used more for industrial and command use with lots of traffic." P & Z ACTION: August 21, 1997; Approved (5-2). STAFF COMMENTS: Please note that a change of zoning to the "0-1" Office District does not require a Concept Plan Review by Staff. L:\WP-FILES\MEMO\97CASES\97-107Z.WPD �j goo FU Ij i II IT, AAA Jill 'Ads fa k *AT ILL pA YZ TRACT MAP L7 cct I TR 3A 4 2 r" / 13.5 ACMtn I _ • . SF-20A SF-1 A � d 5 J. PETTY I I 6 B. KOONCE D. FAGLIE 3 AG I I AC TR 3D I TR AG AG - � 1 R. KOONCE ' G- FOX I 7 I AG R 6G 44A4 AAC 7Ila MEMO INDUSTRIAL PLANNING INC c TR I K. LEE AG 10 MEMO INDUSTRIAL , D. HOOD 9 I PUMPCO INC. 1 ZaSa A SF-1A T TR 6K1 I-1 I TR 11D5A1 8 AC I lip Ila -its 967 AC i. , . - FTRACT I- REE- w G dMEA LIP TR 363 V 4 3 DGEs t � � I S 3AC .. rr B 2 ODI �62l�O - 6. DR I Y 3 n y t I TRACT 1 ADJACENT OWNERS N AND ZONING SPIN #7 DARRELL FAGLIE E300 400 500 600 700 METERS SO 100 — 200 �' - CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-255 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 1.1719 ACRES SITUATED IN THE JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529, AND BEING TRACTS 4A1 AND 4A4 AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "0-1" OFFICE 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. REQUESTED ZONING: WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to. amend said ordinance and map for the purpose of promoting the public health, safety,morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by (awe, 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 L:\CTYDOCS\ORD\CASES\480-255.WPD Page 1 _ C_ I i producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation,water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed,are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately 1.1719 acres situated in the John A. Freeman Survey, Abstract (400" No. 529,and being Tracts 4A1 and 4A4 and more fully and completely described in Exhibit A attached hereto and incorporated herein, from AG Agricultural District to "0-1" Office District. L:\CTYDOCS\ORD\CASES\480-255.WPD Page 2 Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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 (40"" 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 L:\CTYDOCS\ORD\CASES\480-255.WPD Page 3 L—� j 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. c 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. i PASSED AND APPROVED on the 1 st reading the day of , 1997. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. L MAYOR L:\CTYDOCS\ORD\CASES\480-255.WPD Page 4 � r _ ATTEST: } CITY SECRETARY I EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: 1 i f CITY ATTORNEY i L:\CTYDOCS\ORD\CASES\480-255.WPD Page 5 �� w i EXHIBIT "A" BEING a portion of the J . A. FREEMAN SURVEY, Abstract #529 in the City of Southlake, Tarrant , County, Texas , and being that same tract of land conveyed to Entek Corp. by deed recorded in Volume 7914 , Page 1278, Deed Records , Tarrant County, Texas , described by metes and bounds as follows ; BEGINNING at a 5/8 inch capped iron pin stamped Hancock about 11 feet East of a wood fence corner in the West line of Kimbell Road; the Northeast corner of said Entek rract , by deed call the South- east corner of that certain 2 . 19 acre tract described in deed } recorded in Volume 4212 , Page 141 , Deed Records , Tarrant County, Tex? THENCE South, with the West line of said road, 135 . 24 feet to an "X" scribed in concrete; THENCE South 89 degrees-13 minutes-40 seconds West , at 22 . 16 feet a P. K. nail in concrete , in all 377 . 50 feet to a P. K. nail in concrete; THENCE North, at 20 . 0 feet a 6 inch wood fence post with a 1/2 inch ' iron pin at its West base, in all 135 . 24 feet to a 5/8 inch iron pin 0. 4 feet North and 0 . 2 feet West of a steel fence corner; THENCE North 89 degrees-13 minutes-40 seconds East , generally with a chainlink fence , at 355 . 63 feet a 112 inch iron pin 0 . 3 feet South of a wood rail fence, in all 377 . 50 feet to the POINT OF BEGINNING and containing 1 . 1719 acres of land. L L:\CTYDOCS\ORD\CASES\480-255.WPD Page 6 City of Southlake,Texas I STAFF REPORT August 29, 1997 CASE NO: ZA 97-109 PROJECT: First Reading/Ordinance 480-256 Rezoning and Revised Concept Plan-Saint Laurence Episcopal Church STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Rezoning of property legally described as being approximately 2.813 acres situated in the Samuel Freeman Survey,Abstract No. 525, and being Tract 5135, and a revised concept plan on property described as being 5.704 acres and being Lot 1, Block A, Saint Laurence Episcopal Church Addition an addition to the City of Southlake, Tarrant County, Texas according to the plat recorded in Volume 388-213, Page 36, Plat Records, Tarrant County, Texas and Tract 5135 in the Samuel Freeman Survey Abstract No. 525. LOCATION: 529 North Kimball Avenue approximately 1,230' north of the intersection of State Highway 114 and North Kimball Avenue OWNER/APPLICANT: Saint Laurence Episcopal Church CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "CS" Community Service District LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Fourteen(14) RESPONSES: Two(1)responses were received within the 200'notification area: • Donald A. Perry, 2712 E. Southlake Blvd., Southlake. "I have no particular objection." • Jim Carter, 519 N. Kimball, Southlake, in favor. P & Z ACTION: August 21, 1997;Approved(7-0)subject to Concept Plan Review Summary No. 1, dated August 15, 1997. City of Southlake,Texas STAFF COMMENTS: The applicant has met all items in Concept Plan Review Summary No. 1, dated August 15, 1997, with the exception of those items addressed in the attached Concept Plan Review Summary No. 2, dated August 29, 1997. On August 4, 1997, the Zoning Board of Adjustment approved (4-1) two (2) portable buildings for the Grapevine-Colleyville Independent School District for a period of one(1)year to expire August 4, 1998. 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WOE Z N J f`" LD W P" U USi OW cr n� $ $ D s^ r All I I � //r a Z �--i7 � J� r ec'--7 City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY (.�se No: ZA 97-109 Review No:Test Date of Review: 8/29/97 Project Name: Concept Plan-Zoning Request for"CS"District for Saint Laurence Episcopal Church Addition being 5,704 acres out of the Samuel Freemen Survey, Abstract No. 525 APPLICANT: ARCHITECT: Rev. W.A. Crary.Jr.. St. Lawrence Episcopal Ch rch GSB/Batenhorst Architects 519 N. Kimball Avenue 7291 Glenview Drive Southlake. Texas 76092 North Richland Hills. Texas 76180 Phone: (817)481-3335 Phone: (812) 589-1722 Fax: (817)421-8926 Attn: Mike Peacock Fax: (817)595-2916 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/25/97 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. Label adjacent tracts with owner's name. 2. Label the north 15' building setbacks. t. The existing row of parking along the south property line encroaches into the required 5' Type 'A' Bufferyard.The existing row of parking adjacent to North Kimball Ave. encroaches into the required 10'Type'B' bufferyard and appears to slightly encroach into the required east R.O.W.dedication line of North Kimball Avenue.Additional dedication of R.O.W.has been required in order to comply with the Master Thoroughfare Plan. Parking cannot encroach into bufferyards or R.O.W. r 4. The following changes are needed with regard to driveways intersecting the east line of North Kimball i Avenue and compliance with the Driveway Ordinance No. 634: j i a. The existing driveways do not meet the minimum centerline spacing requirement of 250'. The I existing spacing between the two existing on-site driveways is 155'-4".The spacing between the south driveway and an off-site driveway to the south of the site is 184' -2". b. The proposed driveway on the north end of the site does not meet the minimum centerline spacing of 259. The provided spacing from the existing on-site driveway to the south is 160'- 2" and the provided spacing from an off-site existing driveway to the north is 73' - 3". C. The existing and proposed driveways do not meet the required stacking depth.Approval of 3 driveways would require a stacking depth of 50' for each driveway. Approval of 1 or 2 driveways would require a stacking depth of 751. Stacking depth is measured from the R.O.W. line to the point the point of intersection with a drive lane or parking stall. Label the existing portable building(shown as one story classroom) located near the north line of the ex, Lpi 1,Block A. Note that the church's specific use permit for this portable building expired on;lt2i .5.'The church has made application to the City of a Special Exception Use permit for this .j SG • 8 City of Southlake,Texas P & Z ACTION August 21, 1997:Approved(7-0) subject to Concept Plan Review Summary No. 1, dated August 15, 1997. Hydrants may be required depending upon building construction type and square footage and locations of existing hydrants. All fire lanes must be per Fire Department requirements. * Although parking requirements will be determined at the time of site planning,staff recommends that the applicant review the required parking ratios in the event that additional parking would impact the site design. i * Due to the heavy tree coverage on this site, staff recommends that the applicant call Landscape Administrator Keith Martin at extension 848 regarding required tree preservation efforts. f S * It appears that this property lies within the 65'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. . * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records,and a site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 9/08/97. If not received by that time,no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11"x 17" I revised reduction must be provided. * Denotes Informational Comment cc: GSBBatenhorst Architects Rev. W.A. Crary,Jr., St. Lawrence Episcopal Church LAWP-FILES\REV\97\97109CP2.WPD arm Y 11 I j alp & „ Q t11 ) no g - 's � !I I o ,x j.1 I x x J Ey� ►� �1�8: .lids AO S -W MONO AWGMa iii µuu aaa-- _ b ,III -------- u----- ---- - 7-� U..' ~"t s� !' III I —�=i she W yl all I I it ¢ m � Q:lgjs �t I off l_J L_J/ I I tp �o ar�3 I�V W J I W ,III bt Ll IMF rtTI L \\ W tlf J � °1 i' • I \� \IiI I xJ `III•�__'-- - r I � �o \•, I t 1 � \ II I ,• III , II anniws M———— -----� 1- __�as3-wales• ti .. ... � Jr 1'It►BWI71 H-LbON fit 1 Hill 'x CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-256 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 2.813 ACRES SITUATED IN THE SAMUEL FREEMAN SURVEY,ABSTRACT NO.525,AND BEING TRACT 5B5,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"FROM"AG"AGRICULTURAL DISTRICT TO"CS" COMMUNITY SERVICE 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 (Wov PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and 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 L:\CTYDOCS\ORD\CASES\480-256.WPD Page 1 _ L; Lf 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- I crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation,water, sewerage, schools, parks and other public requirements; and, j l WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF. SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately 2.813 acres situated in the Samuel Freeman Survey, Abstract No. 525, and being Tract 5B5, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from"AG"Agricultural District to"CS" Community Service District, as depicted on the approved Concept Plan attached (ow, hereto and incorporated herein as Exhibit "B". L:\CTYDOCS\ORD\CASES\480-256.WPD Page 2 i Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not amended hereby,but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets;to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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 L:\CTYDOCS\ORD\CASES\480-256.WPD Page 3 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 , 1997. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. (We MAYOR L:\CrYDOCS\ORD\CASES\480-256.WPD Page 4 ` 14 ATTEST: i CITY SECRETARY 1 EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: t} C 1 E CITY ATTORNEY y L:\CTYDOCS\ORD\CASES\480-256.WPD Page 5 EXHIBIT "A" tract of land in the Samuel Freemen Survey, A-0525, Tarrant County, Being a , Texas, and being more particularly described as follows: t BEGINNING at a found 1/2" iron rod at the northeast ADDITION; comr of said Lot 1, Block A, SAINT LAURENCE EPISCOPAL CHURCH THENCE N 890 59' 43" W a distance of 591.23 feet to a found 1/2" iron rod for a corner in North Kimball Road; THENCE N 000 51' 01" E a distance of 206.78 feet to a found Illiron rod for a r corner; THENCE N 890 54' 26" E a distance of 591.04 feet to a found 1" pipe for a corner; W a distance of 207.78 feet to the point of beginning THENCE S 000 47' 39" a containing 2.813 acres or 122,516 square feet of land more or less. L:\CTYDOCS\ORD\CASES\480-256.WPD Page 6 • I EXHIBIT "B" .9 r $ � T a a g a Js In � 9 a r Q09 o o d edQ H m _ x w x o, z _—--—- —SL'[Z► !1 9f.ZS A_D S °1 roar®s r nw As 1111 ---------------tea-- - -- - - b� to Qrg -------N-------warms------ s�4 �E �� ,III `auw I u --� 4 2 �Y��� N,1, = I I 1 ! IJ, p m H 011 III W I I 1 1 1 ) c' E W 1II I NQJE J' N L- L—J/ ! I d1 -jo spill 1 I , / IV I � J TtT Ul o 1 �;' o 0 �E 5 III I � `�o: ��-_i__ �\ III �uj �A J w 1 Y I i w JT III I 1 I � WO \ ICI 'I I I I ��� • \\ I I I I I III r , I III --------;-=--- -- ---�------ _ nmollau+a'1 - N —©--- -- --- - -_ O -- -=CZ1 '1'VGWI"I M.LbON -—- -—-—-—-— —_—_—_—_—_ _—_ --- _. /-A __----------- tl['-- A- -Alc-1 x fill 16 1 �o �o w x w L:\CTyDOCS\ORD\CASES\480-256.WPD L Page Sew— 17 J r City of Southlake, Texas STAFF REPORT August 29, 1997 CASE NO: ZA 97-110 PROJECT: Plat Revision -Lot 1R, Block A. Saint Laurence Episcopal Church Addition i STAFF CONTACT: Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Plat Revision for the proposed Lot 1R, Block A, Saint Laurence Episcopal Church Addition, being a revision of Lot 1, Block A, Saint Laurence Episcopal Church Addition, an addition to the City of Southlake, Tarrant County,Texas, according to the plat recorded in Volume 388-213, Page 36, Plat Records, Tarrant County, Texas, and Tract 5135 situated in the Samuel Freeman Survey, Abstract No. 525, being a total of 5.704 acres. LOCATION: 519 North Kimball Avenue approximately 1,230'north of the intersection of State Highway 114 and North Kimball Avenue OWNER/APPLICANT: Saint Laurence Episcopal Church CURRENT ZONING: "AG"Agricultural District(Tract 5135,Samuel Freeman Survey,Abstract No. 525)and "CS" Community Service District(Lot 1, Block A, Saint Laurence Episcopal Church Addition) LAND USE CATEGORY: Mixed Use and Public/Semi-Public NO. NOTICES SENT: One (1) RESPONSES: None P&Z ACTION: August 21, 1997; Approved (7-0) subject to Plat Review Summary No. 1, dated August 15, 1997. STAFF COMMENTS: Attached is Plat Review Summary No. 1, dated August 15, 1997. LAWP-FILES\MEM0\97CASES\97-11 OPR.WPD 0, � �1 �.L j Scale = P FFM S i N� i� S �y I I E P S 'sr �cwY Ensr _ P Q TRACT MAP TR 5A3A TR 5CiB TR 5C1 jI 3.75 AC 1 . 15 AC 3.48 A FTRA!TR 3 (\ 6.411 AC •�� TR -� 501A TR 5CSB1 .59 TR 5A3 AC 4 AC TR 5D1 1TR.28 A� A FAEEM� 3 1.262 @' TR 3B TR 5848! 16.B6 AC I 86 AC TR AG 2 L. RODGERS �/� SF-1 A l �� n0 I SN�D.JAMES I E.TAYLOR JR 2B2 CS � 1 AC 2 565 Ic 38 G.STAKEY 0 Q ' 2 311 SS U) m TR 20 R.CHAMBERS ,�;R 5 1 AC 2. AC TR S121 B tDl 5'3 T-R S B 4 UPENGPON 4 Z z NT ONE A TR 5 8 4D TR 2K ° SAI COPP 165 1 i,o 5 ac 1 AC cr { W I EP 1 31 3. 166 @ z� Z ;,L TR 5134F a �91 TR 5136 TR 5134E oil G 4 AC 2. 1 AC TR 3A1A t `1.2g25o fi ADJACENT OWNERS iB20 AND ZONING ° Ac GOu is SPIN #6 TOM WARD ... jB2C o E S;'3 WN r �ncn XU�iot n" d MILOaF � U.110 N og� ow cl 1 * K '09 90L ,to o7c —M .90 .00 .10 C ' !� I � Z �_ VI L7 I�fit o � 3 �I n�I I I` 1 -14 411--1 R Y------------'--y I ' BH - � + inj imi Nowady NaNUD iYdowJ3 3]N3sm imm Y vole i loi E � x allink iqq Q Ss iaa b a it $' ggiKDeLZ 0 la: AH i E3i d i Q y a` udi a a r� �3 sii �3 s a •a Q .4 4 5 gg!• E] I f ff; ! < �E i1 < w a� Yet1-8 -i a v. o~.. > j � 3i i � � Z f s , �Di 0 m V .4i � j bd 46� 3 ° 3 pap E f a [j d [ x .� �z— "' M F p `n ei Yii a as ;3 Yi: ba tl f' S E» a Z All g o w L w r 1ecbr Is 4 6i d i hill ais ;;b�a ill b4 J 3 I f it%.* 1. es 3 6 x7a *�j°i• !Ijt 1- �l ° leff �fi1 9i d aI a4F) 61f$l a 16iaa ii i 8 N Yi r� 4'' ' affl - V a{t I f e r =�; I A. aoroo'oe w ??aoa' i ' W YivI Q pj � z �i !�'3� aajiEa3taa =SE�g�aa� ib=t3 � ski 7� iio5 all '-�e3ae} a6a3i =a-3L !c 'aatl ggia 3, � aSiiSidfl3,E��iaiaa3y ry33S x adr`� . a E 3"i a,if 33-5d q a3 z aE i3f��3 Eab--ti" aF �'an9�ii '. �e j't5 aei=sa ie;is H,xes e f• iy ICI LL z e s=Y1,f � Eie3{'bE= y. i3331 � a• is° � 5it56a:a t Y 3-i a.�-E;S� i i.�i,i T1 b rzbsa 3aa; z ;H 1$i3 i. saliibai;'=aa. as�iE E"�S 99a99fi9 } te$� r 6 1 b siiee�3'l3ta� [ii' __ _ a- Nop494?F 219.04 a °Nis! ' ga=• „ 1111 i-i1t V-_- teabe's6 ' XIMIALL Ea wrtnwanwrir.00e t Yp3;i gYEt"4e3f� s3 fS-Eiie3s 3135a . s • M 3isa;Ra i W�u�ra.�Y oawarar � (raH�'-Moero) Y [all `t�t;f�ia.,S_e,a9 as 's�3ii � r aAla_an t?_E 216 94_ - e a = ?1 4f Z EEd6tii ° r � 5i aba3p3i�'1."a�afa;a: � i[- wi�'�..`..�' �r �i Y O i! �iif3bSc�g�a i�?iafb8 A'Ai i - 8H -S City of Southlake,Texas PLAT REVIEW SUMMARY ase No: ZA 97-110 Review No: One Date of Review: 8/15/97 Project Name: Plat Revision - Lot 1R, Block A Saint Laurence Episcopal Church Addition being a revision of Lot 1,Block A.St.Laurence Episcopal Church,Addition,Vol 388-213 Pg.-36,being 5.704 acres out of the Samuel Freemen Survey,Abstract No 525 APPLICANT: - SURVEYOR: Rev. W.A. Crary.Jr.. St. Lawrence Episcopal Church John D. Zimmerman.P.E..R.P.L.S. 519 N. Kimball Avenue 908 West Main Street Southlake. Texas 76092 Arlington.Texas 76013 Phone: (817)481-3335 Phone: (817)461-0188 Fax: Fax: (817) 795-7880 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/28/97 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. Place the City case number"ZA97-110" in the lower right-hand corner of the plat. 2. The following changes are needed in the title block: a. Change the plat designation to "Plat Revision". b. Include the gross acreage,number of lots and date of preparation below the title. 3. Add the following notes to the face of the plat: a. "Selling a portion of any lot within this addition by metes and bounds is a violation of state law and city ordinance and is subject to fines and Withholding of utilities and building permits. " b. "The City of Southlake reserves the right to require minimum finish floor elevations on this lot. The minimum elevations shown are based on the most current information available at the time the plat is fled and may be subject to change. 4. The following changes are needed with regard to the legal description and plat dedication: a. Provide the owner's deed references(volume and page)in the preamble. b. Add"This plat does not alter or remove existing deed restrictions or covenants, if any, on the property" following the last sentence of the plat dedication. C. Add the title and corporation name after the name of the person executing the plat below the signature line and in the notary's acknowledgment. 6a.& City of Southlake,Texas d. Add" ... and as the act and deed of the Episcopal Diocese of Fort Worth" to the last sentence of the notary's acknowledgment 5. Provide an approval block for the Planning and Zoning Commission(Date, P &Z Chairman,P&Z Secretary)and the City Council (Date, Mayor, City Secretary) 6. The following changes are needed with regard to adjacent properties within 200'to include owners across any adjacent R.O.W.: a. Unplatted property: name of record owner&corresponding deed record(volume&page). b. Platted property: show lots lines,lot&block numbers,and subdivision name and plat record (volume&page or cabinet&slide)and adjacent easements. Show Rodgers Addition,Cabinet A, Slide 3538 PRTCT and Lot 1 Block 1,MESCO Addition Cabinet A, Slide 3232 PRTCT. Label.Provide the Cabinet and Slide for Shropshire Addition. and show adjacent easements. C. Label all previously approved concept plans, site plans,preliminary or final plats. Show the approved Preliminary Plat for Lot 2, Block 1 MESCO Addition. Show proposed easements. 7. It appears that the existing drainage easement has been slightly realigned. If so, indicate on the plat in bold that an alignment correction has been made. Verify existing channel location with easement location. Designate DE as a D&UE. The following changes are needed with regard to right-of-way: a. Right-of-way along west line of N.Kimball Ave.has been dedicated to the City by the platting of Lot 1,Block 1,MESCO Addition and Rodgers Addition. Show the existing R.O.W. . b. According to the City Thoroughfare Plan adopted 3/4/97,a 94'R.O.W. is now required along N. Kimball Ave. . A R.O.W. dedication established a minimum 47'from centerline must be provided. C. Dimension the centerline and existing west R.O.W. line of N. Kimball Ave. from each boundary corner. 9. If any, show and label the ultimate 100-year floodplain limits and tie down the ultimate condition 100-year floodway by metes and bounds. Designate the area inundated by the ultimate 100-year storm as a drainage easement. 10. Provide minimum finish floor elevation. City of Southlake,Texas P&z Action August 21, 1997:Approved(7-0)subject to Plat Review Summary No. 1, dated August 15, 1997 If any, the Developer's Agreement for this addition should consider any perimeter street, drainage, park dedication,off-site sewer extensions and off-site drainage easement requirements. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 8/25/97. If not received by that time,no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11"x 17" revised reduction must be provided. * Denotes Informational Comment cc: John D. Zimmerman,P.E.,R.P.L.S. Rev. W.A. Crary,Jr., St. Laurence Episcopal Church L.\WP-FILES\REV\97\97110PR1.WPD =i fl Eli } s s E E si i 11 i� .YV?skjj i per') a _ € ;o•; HE co omOx:17- LA ���� s�� 3� #. .� . .Y � ��€ � I � �� � i FQ-Way_':�� � � : :�• L= ��- E fi f fb ey i i I JW� i1b � � �e ,�• 1s11. 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F is a:i+;l€I �H-9 ORDINANCE NO. 01 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, CALLING A SPECIAL ELECTION FOR NOVEMBER 4, 1997, FOR THE PURPOSE OF AMENDING THE CITY CHARTER; PROVIDING BALLOT PROPOSITIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Southlake, Texas, is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, it is the intention of the City Council to call a special election to submit proposed amendments to the City Charter to the voters in accordance with Section 9.004 of the Texas Local Government Code; and ,• WHEREAS, an election to submit to the voters proposed amendments to the city charter is required by law to be held on a uniform election date; and WHEREAS, Section 41.001 of the Texas Election Code (the "Code") specifies that the first Tuesday after the first Monday in November is a uniform election date; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The City Council does hereby, on its own motion, order a special election to submit to the voters of the City of Southlake proposed amendments to the City Charter substantially as set forth in Exhibit "A," attached to and incorporated in this ordinance for all purposes. The election shall be conducted according to the laws of the State of Texas, and shall be held on November 4, 1997, from 7:00 a.m. to 7:00 p.m. f:\Sles\mumisUc\ordi me\chmler2.elc(9-2-97) Q Page 1 SECTION 2. The official ballot for the charter election shall be prepared in accordance with Section 52.073(e) of the Texas Election Code so as to permit voters to vote "YES" or "NO" on each proposition,with the ballots to contain such provisions, markings, and language as required by law, and with the propositions to be expressed substantially as set forth in Exhibit "B", attached to and incorporated in this ordinance for all purposes. SECTION 3. The Mayor and City Secretary of the City, in consultation with the City Attorney, are authorized and directed to take any and all action necessary to comply with provisions of the Texas Election Code or other state and federal statutes and constitutions in carrying out the conduct of the election. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and resolutions 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 and resolutions are hereby repealed. _ - - SECTION 5. It is hereby declared to be the intention of the .City Councl_that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such f:\files\znum%.bke\ordinanc\cha ter2.elc(9-2-97) Page 2 unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1997. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1997. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney -- - 3 f\McsunwulsUc\ordinmcichaur2.elc(9-2-97) Page 3 EXHIBIT A TO ORDINANCE NO. PROPOSED CITY CHARTER AMENDMENTS Redlined Amendments 1.11. Street Powers. The City shall have exclusive domain, control and jurisdiction in, upon, over and under all alleys, streets, gutters and sidewalks, situated in the City, and the power to lay out, establish, open, alter, widen, lower, extend, grade, drain, abandon and improve streets, alleys, sidewalks, squares, parks, public places and bridges and regulate the use thereof, and require the removal from streets, sidewalks, alleys, and other public property or places of all obstructions, telegraph, telephone or other poles, carrying electric wires or signs, encroachments of every nature or character upon any said streets and sidewalks, and to vacate and close private ways; and when a street or alley has been vacated or abandoned, the City shall have the right to sell the same at an appraised value with the present adjoining owners having the first right of refusal, as now provided by the General laws of the State of Texas. The provisions of Chapter 31 3, Tens Trsporta�It n Cad' , -tieth Legislature, First ealled Session, Acts , a thereto,amendments as lie,eafter may be made, and acts Supplementary are expressly adopted and made a part of the Charter. Such exclusive dominion, control and jurisdiction in, upon, over under the public streets, avenues, sidewalks, parkways, alleys and highways of the City shall also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of all utility pipes, lines, wires or other property. 2.02. Elective Officers. (a)The members of the Council shall be elected and hold office as herein provided. All members of the Council, and the Mayor, shall be elected under the Place system. The Mayor and each member of the Council shall hold office for a three (3) year term. Upon expiration of the terms of the current e Mayor and Council members their successors shall be elected for terms as follows: -=- Place 1 and Place 6 shall be elected for a term of two (2-) years,b_ ginning with the regular City election held on the first Saturday in May, 1991. Place 2 and the Mayor shall be elected for three (3) year terms, beginning with the regular City election held on the first Saturday in May, 1991. Place 3, Place 4, and Place 5 shall be elected to terms of three (3) years, beginning with the regular City election held on the first Saturday in May, 1992. Upon the expiration of the above terms of the Mayor and Council members, their successors shall be elected for terms of three (3) years. All places, including Mayor, will be elected at large. Place's PROPOSED CITY CHARTER AMENDMENTS FOR THE NOVEMBER 4, 1997 CHARTER ELECTION PAGE 1 �7 Place 4, mid Place 5 shall be elected in even numbeied years. Place f, Place 2, Place 6, and the 2.03. Limitation on 'accessive Terms; No person shall serve as Mayo, foi mote than two (2) successive elected teinis and no person shaH serve as eouncH member fbi-mot e than t vy o (2) successi ve ef ected teI ins. A terni of office shaf I be defined as an elected peiod of three (3) years. 9Ns provision shall appfy to all elections held subsequent to the adoption of tf�s eha,ter 2.05. Compensation. . .. (n.} The members of the Council shall reeery as. compensation for their serv� e50�per month and than S756 per rn©xth ; i ad� an,the , howevei, that they shall be entitled to reimbursement for expenses in the performance of their specific duties when approved by the Council. (b) Thy compensation proy id6d in Subsection:(a} shall.n ;apply t the lldayoz;or CA members for tl duration ofthe tuns ftZ are fezumg as afJanuary 17, t $ I : ha l apply p terr> s tv whici they are reeeted 2.08. Vacancies; Forfeiture of Office; Filling of Vacancies. (c) Filling of Vacancies. If a vacancy occurs in the position of Mayor or Council member, a special election shall be held on the next election date authorized by the Texas Election Code that is 1 45 at east da ys s after the va cancy acanc c r o cu s Y Y :vn c� aeh 3t1 day after the date the electxpz is>v r *'e i for the purpose of filling the vacancy. If the vacancy occurs within ninety(90) days prior .....................::. to a general election, the vacancy shall be filled at the general election. All vacancies filled under this Section 2.08(c) shall be for the unexpired term of the office filled. 2.09. Meetings of the City Council. The Council shall hold at least two regular meetings each month on the first and third Tuesday _ evenings of the month at a time to be fixed by ordinance, unless the dates fall on a regularly observed -_ City holiday, provided that the Council may; -- (1)cancel csr rrtoe a rlar meeixng t4 ann€her dayfn�ficexastedn accordancevith:;the 'exas E pcn a � le ac. tz tQn,an ..... d establish as many additional regular meetings during the month as may be necessary for the transaction of the business of the City and its citizens. All meetings of the Council shall be open in accordance with and except as provided by the Texas Open Meetings Act, V.T.C.A., Government Code ch. 551, and shall be held at the City Hall, except that the Council may designate another place for the meetings. PROPOSED CITY CHARTER AMENDMENTS FOR THE NOVEMBER 4, 1997 CHARTER ELECTION PAGE 2 9-f-,5 2.11 Rules of the Council; Minutes and Procedures (a) The council shall provide for citizen participation at any meeting regard an with re d to matter Y under consideration in accordance with rules and regulations as the Council may provide. The Council shall provide for minutes being taken and recorded for all meetings, and such minutes shall be a public record. Minutes of all meetings of the Council shall be promptly entered within forty- eight(48)hours after approval in the permanent official records of the City, and the City Secretary, or other designated person, shall at the same time provide a permanent and adequate index showing the action of the Council in regard to all matters submitted to it at both regular and special sessions. (l) Voting, except on procedural motions, shall be by roll call or ectroWc device which visually 1ndiates tohcse in ctttetdanCe hpw each. 4dnc11 rreml�erQted. 1f ail;eleetranic device is used and the pacft 4f the Cctunc�l chsinber's exceeded or a member ofthe Council or City staffrequests kt, the Cite Secretary sk Il aud�6ly confirm:the orate Ti e votes gf bunc�l members-ancl shall be recorded in the minutes. The vote upon the passage of all ordinances and resolutions shall be taken by the "ayes" and "nays" and entered upon the minutes, and every ordinance or resolution, upon its final passage, shall be authenticated by the signature of the presiding officer and the person performing the duties of the City Secretary. ( )�bj Any item requested by one (1) or more members of the Council or by the City Manager shall be placed on the agenda by the City Secretary. The Mayor will establish the order of the agenda for each Council meeting. The City Secretary shall prepare the agenda, which shall be publicly posted at City Hall in accordance with the Texas Open Meetings Act, V.T.C.A., Government Code ch. 551. 3.02. Appointment of Members of Boards.pp o ds. The members of all boards and commissions;created by this Charter or by the Council; including, but not limited to, the Boai d of Adjustment and Plaiming and Zoning_ , shall be appointed b the Council h..embers ofth..se boards and commissiar s segue at tho pyre of the Y item rcvsnncoctuCau alandmad Cl �a � niMyo state:law,the stal o�.av�r prevails; l (b) acane�es fln wards auci. ssr n ;sh0l be lied by c 1. in: en fl£a.eplacemep _ to.:0-1 a unexpired term 3.07. State of Emergency. _- A state of emergency shall be deemed to exist during periods of impending or actual public crisis or disaster. A state of emergency may be declared by the vote of the Council, or by order of the Mayor, or, in his absence or disability, the Mayor Pro Tern, if a meeting of the Council cannot be called within the time available, whenever conditions threaten to render inadequate the normal procedures of the City for protection of persons or property. ti) During a state of emergency, the Mayor, or, in his absence or disability, the Mayor Pro Tem ......................................I.......... ................................................. shall have all the powers which would be vested in the Council as provided in f'4 €as o the extent he considers.4 to be reasonable, or necessary for the protection of persons or property. PROPOSED CITY CHARTER AMENDMENTS FOR THE NOVEMBER 4,1997 CHARTER ELECTION PAGE 3 97 & ( ) The emergency powers herein provided shall be exercised only to the extent made necessary by the nature of the emergency and during the continuation of the state of emergency. 3.11. Action Requiring an Ordinance. .................................. S. .................................. (b) Acts other than those referred to inlstiri ) may be done either .:..:..:. ..::::...:..:.. by ordinance, resolution or minute order. , Iordinances and resolutions may be passed at any regular meeting or special meeting called for that purpose, provided notice has been given in accordance with the Texas Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes Annotated. 3.13 Procedure for Enacting Ordinances, Publication (a) Upon introduction of any ordinance by a Council member, the City Secretary shall distribute a copy to the Mayor, each Council member and to the City Manager, and shall file a reasonable number of copies in the Office of the City Secretary and such other public places as the Council may designate. All ordinances, exclusive of emergency ordinances, defined by Section 3.14 of this Charter, shall be � sd arit roved-react in open meetings of the Council at-aan two 2 ................. ..............::.:::::Pl .::::. ::: P g ( ) ................................ separate Council meetings , howevet, that both readings required herehi s1raff be sufficient if the preamble of Such pi oposed o,dinances be i ead. Thepsc.ation ©i an ardlnanc-.e:k be reail:l f fe a vats rs tat en; n tlle't r in only;i tl reading is requested by a ct:: en or a xz3�mber txf otln il, The City Secretary shall publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon ,...... :::: :::.:...... and for its consideration by the Council at least ten(10) days before the second 1ek>EEturltl All persons interested shall have the opportunity to be heard. After 4rds;c;�n�d�r:..edmg P Pp Y the hearing, the Council may adopt the ordinance with or without amendment or reject it but, if it is amended as to any matter of substance, the Council may not adopt it until the ordinance or its amended sections have been subjected to all the procedures required in the case of a newly introduced ordinance. The City Attorney shall approve as to legality all ordinances prior to final adoption. cards and;iGo..MAXs,.60 . ac:: .:. : >£the:l : hall:sersre::. t Q9::;ca:. :Its at an'; ra i ;.:: .;;:.> eanbexs: foam ::asQn .: :::.::::::::::::1 ..:::::::::::::::::::::..:. .::::::::.:. :::::::1 ::............ .: .P .......... -..,. ..�...... ................ ...... .::.:YY:::i::,\;"'<.:is::?'::i:i:..::;:::: ::Y that;thta rlur : o>"<expnr Viz#`u.fii rFcsrtaice t ►e mes as board or 004=—W meter : — :.ai:i i:i:;::;':''i$i r:r::'.:: " i:a ::::: s .:. :. i; rsari< hs ha :; :saar€�ecl:::cr:.:: led . i J.ti. n wtt they l tat eghle to;serge cn:a pity L a rd or omnussi n a d� not pr v nt a p rso�whc had�a:�; aped'.. clectecl .:::... :;. pQs�t�an�xth the Sty fzvm s c1 the bgaEr fan t�ty Maited nn er stag Xa after 4t kZy tie size s a an elCioreg: lend Vic} l bolds and car>�3ml;sios`shall maintain ri€�tnutes_o£theu rneettngs vuch shah be gulalle ...:.:... r �a`d wl»€ ::Indicafie� fi rn�uzn,the zl�em�er`s grisent„the sulajectf matters cansider,>and 1alt yt$tac , tes shall Asa ndlcat hva each me e voei on each muter PROPOSED CITY CHARTER AMENDMENTS FOR THE NOVEMBER 4,1997 CHARTER ELECTION PAGE 4 ,?,Y- 7 7.10. Filing for Office/Procedures. Each candidate for an elective office shall meet the qualifications set forth in Section 2.04. n person qualified who desires to become 1.. ''` `` ' a e so so u or line c a e ifl taAd a. can a candidate for election shall file an application with the City Secretary, not earlier than seventy-five (75) days nor later than forty-five (45) days prior to the election date. Such an application shall be in compliance with the Texas Election Code. Vic} Within five (5) days after the filing of an application, the City Secretary shall notify the candidate whether or not the application satisfied the requirements prescribed by this Charter. If an application is found insufficient, the City Secretary shall return it immediately to the candidate with a statement certifying wherein it is insufficient. Within the regular time for filing applications, a new application may be filed by the same candidate. The City Secretary shall keep on file all applications found sufficient at least until the expiration of the term of which the candidates are nominated in those applications. 7.32. Petitions. (b) Form and Content: All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the signer's printed name, the signer's voter registration number, the county of registration, the signer's residence address,-and date of signing,:.w any .th z zrt rnaatlon requured by la�v. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. 11.03. The Planning and Zoning Commission. There shall be established by the Council a Planning and Zoning Commission, which shall consist of seven (7) citizens from the City. The members of the-said Commission shall be appointed by the Council for a term of two (2) years. Three members of the Planning and Zoning Commission shall be appointed each odd numbered year. The remaining four (4) members of the Planning and Zoning Commission will be appointed each even_numbered year. The Commission shall annually elect a , Chairman from its membership--and shall meet not'less than once a month. The chairman of the Commission shall be a voting member. A majority of the members shall constitute a quorum. mid vvith the consent of a tn�ority of the Council. ff a vacancy occurs upon the Planning and Zonin6- euinnissioir, by both i esi therwise, the Council shall appoint a commissioner to fill such -1 Coninfission shall keep minutes of its pioceedings Mich shall be a public ,eco,d. The . . shall serve without compensation. No membei of the Plannin and Zoning leonmytission shall hold another salaried oi elected eity office. 11.04. Purpose and Object of Planning and Zoning Commission. The purpose and object of the Planning and Zoning Commission is to act as an advisory board to the Council ins att rs es�grr ed by orc t an a adopted 1-y t}e and.i and y s �lad: relating to all nature of zoning, public improvements, civic improvements, city planning, opening, widening PROPOSED CITY CHARTER AMENDMENTS FOR THE NOVEMBER 4,1997 CHARTER ELECTION PAGE S 91 8 and changing of streets, routing of public utilities, controlling and regulating traffic upon the public streets and ways of the City and such other matters relating to City improvements as the Commission and the Council may deem beneficial to the City. .............................. ............................. 11.05. Tie r v�d Powers. and Daties of the C-011nizilibbi- ............................. (b)Reconnnend to the Council, approval or disappi oval of p,oposed Changes in tile Master Pia (c)Make reconnnendations to the 6otincil regaiding Lo dance with applicable St lam (d) Make recommendations to the eouncil regarding platting or subdividing land vvitifin the corpoi ate finfits of the eity and outside said corporate limits to the extent authmized Uy law. (e)The 6onmission shall be responsible to and act as an advisory body to the C;Uuncil, and shall 11.06. The Master Plan. (d)The Master Plan components shall be reviewed by the Planning and Zoning Commission and updated as necessary to reflect changing City conditions and requirements, on this schedule: (1) Land Use Plan--at least every two (2)years; (2) Other components--at least every four (4) years. The City Manager shall be responsible for scheduling reviews in accordance with this requirement. PROPOSED CITY CHARTER AMENDMENTS FOR THE NOVEMBER 4,1997 CHARTER ELECTION PAGE 6 91- 9 EXHIBIT B TO ORDINANCE NO. BALLOT PROPOSITIONS PROPOSITION NO. 1 - City Council Service and Meetings Shall the Charter of the City of Southlake be amended to remove the limitation on consecutive terms of service by city council members; to authorize the city council by resolution or minute order to schedule the dates for regular city council meetings if notice is posted in accordance with state law; and to authorize the city council to vote by electronic device which visually indicates the votes to those in attendance at a city council meeting;by amending Sections 2.09 and 2.11(b) and repealing Section 2.03? PROPOSITION NO. 2- City Council Compensation Shall the Charter of the City of Southlake be amended to establish compensation for the mayor at $750 per month and for a city council member at $500 per month; amending Section 2.05? PROPOSITION NO. 3- City Boards and Commissions Shall the Charter of the City of Southlake be amended to provide that members of city boards and commissions serve without compensation; that each board and commission shall keep minutes of its meetings which are public records; that a vacancy on a board or commission will be filled for the unexpired term; and that members of city boards and commissions serve at the pleasure of the council and may be removed by a majority vote of the council, except when otherwise provided by state law;that the duties of the planning and zoning commission shall be as designated by ordinance and state law; and that a person who holds a salaried or elected city office may not serve as a member of a city board or commission; amending Sections 3.02, 11.03, and 11.04, repealing Section 11.05, and adding Section 4.02? PROPOSITION NO. 4 - Adoption of Ordinances Shall the Charter of the City of Southlake be amended to require that ordinances be passed _ at two meetings; and to require reading of an ordinance caption only if requested by a citizen or city council member amending Sections 3.11 and 3.13'?� PROPOSITION NO. 5 - Correcting Provisions to Conform:W1_ State and Federal Law Correcting Language _- Shall the Charter of the City of Southlake be amended to conform with state and federal law with respect to elections and statutory references; and correcting language regarding staggering of city council terms; amending Sections 1.11, 2.02, 2.08, 3.07, 7.10, and 7.32? ExHIBrILB CHARTER AMENDMENT BALLOT PROPOSITIONS FOR THE NOVEMBER 4,1997 CHARTER ELECTION �T�o EXHIBIT B TO ORDINANCE NO. BALLOT PROPOSITIONS PROPOSITION NO. 1 - City Council Terms Shall the Charter of the City of Southlake be amended to remove the limitation on consecutive terms of service by city council members; repealing Section 2.03? PROPOSITION NO. 2 - Regular City Council Meetings Shall the Charter of the City of Southlake be amended to authorize the city council by resolution or minute order to schedule the dates for regular city council meetings if notice is posted in accordance with state law; amending Section 2.09? PROPOSITION NO. 3 - City Council Voting Shall the Charter of the City of Southlake be amended to authorize the city council to vote by electronic device which visually indicates the votes to those in attendance at a city council meeting; amending Section 211(b)? PROPOSITION NO. 4 - City Council Compensation Shall the Charter of the City of Southlake be amended to establish compensation for the mayor at $750 per month and for a city council member at $500 per month; amending Section 2.05? PROPOSITION NO. 5 - Boards and Commissions Shall the Charter of the City of Southlake be amended to provide that members of city boards and commissions serve without compensation; that each board and commission shall keep minutes of its meetings which are public records; that a vacancy on a board or commission will be filled for the unexpired term; that a person who holds a salaried or elected city office may not serve as a member of a city board or commission; and that members of city boards _ and commissions serve at the pleasure of the council and may be removed by a majority vote -y s of the council, except when otherwise provided by state law_; amending Sections 3.02, and 11.03, and adding Section 4.02? _- PROPOSITION NO. 6 - Planning and Zoning Commission Shall the Charter of the City of Southlake be amended to that the duties of the planning and zoning commission shall be as designated by ordinance and state law; amending Section 11.04 and repealing Section 11.05? PROPOSITION NO. 7 -Adoption of Ordinances Shall the Charter of the City of Southlake be amended to require that ordinances be passed at two meetings,the second of which must be a regular meeting; and to require reading of the EXHIBIT B CHARTER AMENDMENT BALLOT PROPOSITIONS FOR THE NOVEMBER 4,1997 CHARTER ELECTION PAGE 1 ordinance caption only if requested by a citizen or city council member; amending Sections 3.11 and 3.13? PROPOSITION NO. 8 - Correcting Provisions to Conform with State and Federal Law Correcting Language Shall the Charter of the City of Southlake be amended to conform with state and federal law with respect to elections and statutory references; and correcting language regarding staggering of city council terms; amending Sections 1.11, 2.02, 2.08, 3.07, 7.10, and 7.32? EXHIBIT B CHARTER AMENDMENT BALLOT PROPOSITIONS FOR THE NOVEMBER 4,1997 CHARTER ELECTION PAGE 2 Y-T-A-2- City of Southlake,Texas MEMORANDUM August 29, 1997 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 97-40, Setting the Procedures for the Special Election Resolution No. 97-40, sets the procedures for the Special Charter/Crime District Election to be held on November 4, 1997. The resolution establishes election precincts; designates the election judge and alternate judge; provides for compensation of the judges and election clerks; designates the polling places and provides for early voting. If you have further questions, please let me know. —k' /sl f aA-� City of Southlake,Texas RESOLUTION NO. 97-40 A RESOLUTION ESTABLISHING PROCEDURES FOR A SPECI.aL ELECTION CALLED BY THE CITY COUNCIL FOR NOVEMBER 4, 1997; ESTABLISHING ELECTION PRECINCTS; DESIGNATING ELECTION JUDGES; AND PROVIDING COMPENSATION THEREFORE; DESIGNATING POLLING PLACES; PROVIDING FOR EARLY VOTING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 677, the City Council has called a special election for the purpose of submitting to the voters proposed amendments to the city charter; and, WHEREAS, by this resolution the City Council intends to establish procedures for that election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. In accordance with Section 42.061 of the Texas Election Code (the "Code") the City Council hereby establishes its election precincts for all municipal elections from and after the Owl effective date of this resolution, such precincts to be coterminous with the boundaries of the below-listed election precincts established by the Denton County and Tarrant County Commissioners' Courts to the extent such election precincts are within the corporate boundaries of the City: Denton County Election Precinct No. 318 Tarrant County Election Precinct No. 3039 Tarrant County Election Precinct No. 3040 Tarrant County Election Precinct No. 3286 Tarrant County Election Precinct No. 3359 Tarrant County Election Precinct No. 3470 SECTION 2. The polling place for the election precincts of the City shall be City Hall, 667 North Carroll Avenue, Southlake, Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on November 4, 1997 in accordance with and pursuant to the requirements of the Texas Election Code. SECTION 3. qA - 2 City of Southlake,Texas Resolution No. 97-40 Procedures for Special Election page 2 The following named individuals, residing at their respective addresses, are hereby appointed presiding election judge and alternate presiding judge, respectively, at the election: Presiding Election Judge- Aloha Payne, 1213 Whispering Lane, Southlake, Texas Presiding Alternate Judge-Karen Cienki, 803 Shadow Glen Drive, Southlake, Texas The election judge may appoint election clerks to assist the Judge in the conduct of the election, not to exceed six (6) clerks. All election clerks shall be qualified voters of the City. SECTION 4. The presiding election judge, alternate presiding election judge and each election clerk shall be compensated at the rate of six dollars ($6.00) per hour in accordance with Section 32.091 of the Texas Election Code. The presiding election judge shall also be paid the additional sum of Twenty-five Dollars ($25.00) for delivering the returns of the election. SECTION 5. Early voting by personal appearance shall be conducted in the Office of the City Secretary (Administrative Offices) 1725 East Southlake Boulevard, Southlake, Texas, on the following days: October 16-17 Thursday-Friday 8:30 a.m. to 5:00 p.m. October 20-24 Monday-Friday 8:30 a.m. to 5:00 p.m. October 25 Saturday 10:00 a.m. to 4:00 p.m. October 26 Sunday Closed October 27-31 Monday-Thursday 8:30 a.m. to 5:00 p.m. Applications for early voting by mail shall be delivered to the City Secretary at the above address. Early voting, both by personal appearance and by mail, shall be by optic scan machine and shall be canvassed by the Early Ballot Board, which is hereby created. The presiding Election Judge and the alternate presiding office, respectively, or the Early Ballot Board. The other election officer serving at the election shall serve as the other members of the Early Ballot Board for the election. SECTION 6. Notice of the election must include a substantial copy of the proposed Charter amendments and shall be published in the newspaper in accordance with the provisions of the Code and Section 9.004 of the Texas Local Government Code, on October 5, 1997 and October 12, 1997 and shall be posted in the regular place for posting notice of meetings of the City Council of the City. qA- 5 City of Southlake,Texas Resolution No. 97-40 Procedures for Special Election page 3 SECTION 7. Canvassing of returns shall take place during a special City Council meeting to be held on Thursday, November 6, 1997, at 6:00 p.m., in the City Council Chambers of City Hall, 667 North Carroll Avenue, Southlake, Texas. SECTION 8. This resolution shall be effective upon its adoption. PASSED AND APPROVED THIS THE 2ND DAY OF SEPTEMBER, 1997. CITY OF SOUTHLAKE, TEXAS BY: Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary D:\WP-FILES\RES-97-4.ELE qA- City of Southlake, Texas — i MEMORANDUM i August 29, 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works I SUBJECT: Request for Variance to the Sign Ordinance No. 506-B, for Southlake Town Center Development BACKGROUND Mr. B.R. Stebbins, of Cooper and Stebbins, has applied for a variance to Sign Ordinance No. 506-B. He would like to place two signs on the proposed Southlake Town Square property presenting contact information for the development. The proposed signage consists of two 20 feet long by 12 feet high with a total height of 16 feet. The sign ordinance limits development signs to 100 square feet in area, the proposed signs are 240 square feet in area. The applicant states in his demonstration that the size and scope of the project warrants larger signs in order to present a clear rendering of the proposed development. He also states, "Because the proposed development is a large commercial mixed use, and because it is of a public nature, the hardship is not self-imposed but is inherent to the site and the development." The applicant proposes placing a sign at the corner of N. Carroll Ave. and East Southlake Blvd. and one facing S.H. 114 on the northern portion of the development. RECOMMENDATION Staff recommends placing the request for variance to the Sign Ordinance No. 506-B for the Southlake Town Center development on the September 2, 1997 Regular City Council Agenda for City Council review and consideration. CRE/cre Attachments: Memo from Charles Bloomberg, Plans Examiner Sign Variance Request Sign Drawings Site Plans 10A-1 City of Southlake,Texas (Sol MEMORANDUM August 21, 1997 TO: Bob Whitehead, P. E., Director of Public Works FROM: Charles Bloomberg, C. B. O., Plans Examiner SUBJECT: Sign Variance Appeal at Southlake Town Square Mr B. R. Stebbins of Cooper and Stebbins has applied for a variance for two signs on the subject property. They have requested these development signs to announce the contact people for the project. The requested signs are 20 feet long by 12 feet high on posts elevating it 4 feet for a total structure height of 16 feet. According to sections 20 G and 16 C a development sign is permitted on each street frontage not exceeding 20 feet in height nor 100 square feet in area. The variance would be to allow two signs of 240 square feet each instead of the 100 square feet permitted by the ordinance. Find attached an application form detailing their reasons for their request. Please schedule this on the next available council meeting. (W attachments: sign variance application sign drawings site plan RECEIVED (46W AUG 2 1 41997 DEPT.OF PUBLIC WORKS 10A-2 Ln APPLICATION FOR SIGN PERMIT �!� uG 2 i 1997 LO ==ZO City of Southlake i BUILDING DE . DATE 8/20/97 ADDRESS OF PROJECT Southlake Town Square, F.M. 1709 TENANT N/A PHONE NO. 817-329-8400 SIGN COMPANY Economy Sians & Banners PHONE NO. 214-742-7446 ADDRESS 724 S . Central Ex resswav / Richardson TX / 75080 address city zip ILLUMINATED? YES NO (circle) GROUND ILLUMINATED ELECTRICAL CONTRACTOR HUMPHRIES PHONE NO. TYPE OF SIGN Permanent Temporary Dimensions ATTACHED BANNER 16 ' HEIGHT POLE BALLOON 20' WIDTH MONUMENT MODEL HOME 240 SF AREA OTHER ✓ SPECIAL PURPOSE DESCRIPTION Development Sign OVERALL HEIGHT (attached, pole, monument) 16, SETBACK(S) FROM R.O.W. Approximately 30' DOCUMENTS ATTACHED: ✓ Plot Plan ✓ Sign Drawing Letter From Property Owner Electrician Registration SIGNATURE OF APPLICANT APPLICATION APPROVED BY: DATE: PERMIT FEE COMMENTS 10A-3 CITY OF SOUTHLAKE February 6, 1995 SIGN VARIANCE APPLICATION APPLICANT OWNER (if different) NAME: Cooper & Stebbins ADDRESS: 1721 --- . Southlake Blvd. Southlake, Texas 76092 PHONE: 817-329-8400 FAX: 817-251-8717 The following information pertains to the location for which the variance is being requested NAME OF BUSINESS OR OPERATION: Southlake Town Square PHYSICAL ADDRESS: Same as Above LEGAL DESCRIPTION : Lot N/A Block 1-8 Subdivision Southlake Town Square I hereby certify that this application is complete as per the requirements of Sign Ordinance No. 506 as summarized below. I further understand that it is necessary to have a representtaive at the City Council meeting who is authorized to discuss this request, address any unresolved issues, and /approve changes, if any. J Applicant' s Signature: 1�i� Z� %t�y Date: �/ 2i/�7 r -ity Use Only: I hereby acknowledge receipt of the sign variance application and the application f�efe in the amount of $ on this the day of 199 Signed: Title: The following checklist is a summary of requirements for sign variance requests as required by the City of Southlake. The applicant should further refer to the Sign Ordinance No. 506 and amendments, and other ordiances maps, and codes available at the City Hall that may pertain to this sign variance request. ✓ Completed sign variance request application. ✓ Completed demonstration of conditions applicable to the requested variance (see attached. ) ✓ Site plan showing the location of the sign variance request and any-other signs that conform to or are exempt from the sign ordinace. The site plan shall also indicate the building, landscaped areas, parking & approaches and adjoining street R.O.W. ✓ Scaled and dimensioned elevations of the signs for which the variance is requested. For attached signs, the elevations shall show the building, the sign for which the variance is requested, and any other signs that conform to or are exempt from the sign ordinance. 10A-4 Demonstration Pe demonstrate that the following conditions are aDnlicabe to the requested sign variance : 1 . That a literal enforcement of the sign regulations will create an unnecessary hardship or practical difficulty on the applicant . See Attached 2 . That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. See Attached 3 . That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties . See Attached 4 . That the variance will be in harmony with the spirit and purpose of the sign ordinance. See Attached 10A-5 Southlake Town Square 1721 E. Southlake Blvd. Southlake, TX 76092 Date: August 5, 1997 Subject:Southlake Town Square Variance for Development Sign The following comments address the City of Southlake, Sign Variance Application regarding the Southlake Town Square sign application. As a preamble, we believe that the size and scope of the project warrants high quality, high graphic impact signage. We also believe that two signs (one each facing 1709 and 114 respectively) are a better alternative to multiple signs at various points on the property. 1. That a literal enforcement of the sign regulations will create an unnecessary hardship or practical difficulty on the applicant. The Section 20, paragraph G of the Sign Ordinance provides for one sign per street frontage per site. The Applicant believes this would permit multiples signs for each frontage, which would be undesirable both for clear communication as well as the public image. The allowance of 100 SF per sign does not permit the clear presentation to the town of the rendering of the proposed development. The preferred direction would be to provide only one sign per frontage, single faced, 240 SF each. One would be located on FM 1709 and the other would be facing SR 114. They would carry a high quality rendering large enough to be understood from the road with-minimal text. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. Because the proposed development is a large commercial mixed use, and because it is of a public nature, the hardship is not self imposed but is inherent to the site and the development. That the variance will not injure and will be wholly compatible with the use and permitted development of the adjacent properties. Adjacent properties currently have signage which is equally or more visible than the proposed signage. That the variance will be in harmony with the spirit and purpose of the sign ordinance. The proposed sign, which shows an artist's rendering of the Streetscape, will match the shape of the Southlake Town Square logo and will be painted in colors which are consistent with the traditional nature of the development. 1 on-6 08/21/97 i z� w Z z � � 000 O , z � � zM w Q a�00 � W o 1.4 Z F o o x OWNZ C/) a H Q W N O W oaf vas a as � a u u T 00 J= X W ri c�i '�' Ci G Z Clq CV) cc O MIT T ;t0A-7 co W Iq J W C' CIO 1 'll' 1Illlttll III. ' 'III• (ID � ' a. LLI fit lot J U waL, ------- - C N J - ------ - J- I' /^�"�.ett Illul'I I �- 11111 I I«lil illy � � I O /� v — "A—A, , 3= �ID I a. 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