1997-12-16 CC PacketCity of Southlake, Texas
MEMORANDUM
December 12, 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 December 16, 1997
1. Note: You will notice that several items are listed for presentation during the City
Manager's Report. These are all items of significance that we will be addressing after the
first of the year, and I wanted to take the opportunity to provide you with a brief update on
I each project during the meeting. Also, by reporting on these it will alert the public that we
will soon be considering these items. Note memo item #36 which discusses the library
I
issue in some detail.
2. Agenda Item No. 5A. Authorization to bid ballfield lights for fields #1 and #3 at
Bicentennial Park. The funds for this request are budgeted through the SPDC, which will
be acting on the request on Monday evening. Note that field #1 will be utilized as a joint
use field with the Carroll High School Girl's Softball team. These are the last two fields
for which lights need to be upgraded. Upgrading the lights will help use solve several
problems, including spillover lighting which annoys the neighbors.
3. Agenda Item No. 5B. Authorization to bid replacement fences for fields #4 and #5 at
Bicentennial Park. You will recall that these t-ball and coach -pitch fields were constructed
only a few years ago, with temporary fencing installed. SPDC has included funds in its
budget to replace these fences, and will act on this item on Monday evening.
4. Agenda Item No. 5C. Authorization to bid the fence for the Bicentennial Park Water
Tower. The city's agreements with Sprint and Primeco require these companies to install
a
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
December 12, 1997
Page 2
landscaping and fencing as required by the city. Park Director Kim Lenoir and her staff
(Ben Henry) have developed plans for the fencing and are ready to seek bids. The concept
plan is included in your packet and questions about it may be directed to Ben. Note that
this requirement is not included in the Nextel lease agreement, however, once the bids
come in staff will approach Nextel about their possible participation.
in the memo from Parks Director Kim Lenoir, bids have been received and staff
recommends the low bidder, J.L. Bertram Construction and Engineering, Inc., be awarded
the contract. The bid amount is within the budgeted amount. Note that SPDC will act on
this item on Monday evening.
f 6. Agenda Item No. 5E. Award of bid for fence construction at Bob Jones Park. As noted in
kllw the memo from Parks Director Kim Lenoir, bids have been received for construction of the
pipe rail fence at Bob Jones Park. Staff recommends the second lowest bidder, Ratliff Iron
Works, be awarded the contract. The low bidder, Custom Fence Company, does not meet
the bid specification of demonstrating 3-5 years experience in this type of construction.
The bid amount by Ratliff Iron Works is within the amount allocated in the SPDC budget.
Again, SPDC will act on this item on Monday.
7. Agenda Item No. 5F. Authorize the City Manager to execute the Professional Services
Contract. Amendment No. 2. with Cheatham and Associates for Bob Jones Park. Phase I.
Part B (,Grant Projects This item will also be considered by SPDC on Monday evening.
Note that Cheatham and Associates have provided similar services for Phase I, Part A of
the Bob Jones Park project. The memo from Kim Lenoir and supporting documents from
Cheatham and Associates provide the details on the scope of work.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
December 12, 1997
Page 3
8. Agenda Item No 5G Authorize the City Manager to enter into a Professional Service
Agreement with Cheatham and Associates for the design of sewer system improvements
consisting of an extension of sewer from Crossroads Square to the Lakecrest sewer
extension. This contract will allow us to begin the engineering design work for the portion
of the sewer system from the Crossroads Square lift station to the portion of the sewer
already constructed by the Shady Oaks Retail Center developer. You will recall that the
developer installed the sewer line from Caddo Lake Drive north under FM 1709, then west
to his development at Shady Oaks and FM 1709. We had agreed to reimburse the
developer for our portion of the cost associated with this project.
This project is included in the FY97-98 CIP budget. The contract amount for Cheatham
and Associates will come from the professional services line item in the budget. If you
have any further questions, contact Bob Whitehead at ext. 740.
9. Agenda Item No. 5H. Authorize the City Manager to enter into a Professional Services
Agreement with Cheatham and Associates for the design of water system improvement
consisting of an extension of a water line from Crooked Lane to Heritage Business Park.
As noted in the memo from Public Works Director Bob Whitehead, this water system
improvement is necessary for proper fire flows and water pressure to Heritage Business
Park. Note this project is included in the FY97-98 CIP budget. Approval of this agenda
item will allow us to move forward with design of the improvements. If you have any
further questions regarding this item, contact Bob Whitehead at ext. 740.
10. Agenda Item No. 5I. Authorize the City Manager to enter into a Professional Services
Agreement with Cheatham and Associates for the design of water system improvements
consisting of relocation of the 18" water line along the north side of Dove Street and S.H.
114. As noted in Bob Whitehead's memo, it is the city's responsibility to relocate the
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
December 12, 1997
Page 4
utilities for the S.H. 114 project. This is the first utility line to be relocated. The memo
from Bob Whitehead and proposal from Cheatham and Associates clearly describe the
project. Note that funds for this service are also available in the FY97-98 CIP.
11. Agenda Item No. 5J. Award of bid for installation of sanitary sewer in Mission Hill
Estates Subdivision. Bids were opened on Wednesday, and eight bids were received. The
low bidder was Mid -State Utilities for $367,614.20 (including the alternate for flowable
base), which is within the budgeted amount of $368,000 in the CIP. FYI, our survey of
the neighborhood indicated that of the 60 lots in the subdivision, 28 owners (47%) stated
they wanted sewer, 11 (18%) stated they did not, and 21 (35%) did not return the survey
card. As we continue to move forward with this program, we will need to resolve the
concerns we have previously identified pertaining to the neighborhood sewer program. I
will briefly discuss this during my report. As such, we have placed an item on your
agenda (#11A) to discuss a work session on neighborhood sewer issues.
12. Agenda Item No. 5K. Award of bid for water and sanitary sewer improvements in the
Shady Lane/Raintree Area. The Shady Lane area has been scheduled to receive water,
street and sewer improvements in the CIP Plan. This bid, for sanitary sewer, is part of the
neighborhood sewer program. The water and street improvements will be bid separately.
The low bidder for this project is SCAVA Ltd. Partnership. The alternate bid of
$818,881, ($913,111 base bid deducting $94,230 for the alternative) proposes .utilizing
native soil to backfill the trench. This option has been recommended by staff because it is
less costly and the area will have to be disturbed again when the water mains and streets
are placed. Contact Bob Whitehead at ext. 740 if you have questions regarding this item.
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Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
December 12, 1997
Page 5
13. Agenda Item No 5L Resolution No 97-79 appointing_SYAC representatives to the Joint
Drug and Alcohol Awareness Committee. With the resignation of SYAC member Kami
Adrian, her position on the Drug and Alcohol Awareness Committee is now vacant. You
may recall that SYAC chair Erin Anderson was named as an alternate to this committee.
This resolution will move her to the place vacated by Kami, and name SYAC member Joe
Montfort as the alternate. SYAC voted to recommend Joe as the alternate at its December
3 meeting.
14. Agenda Item No. 5M. Resolution No. 97-77. Appointing representatives to the SPIN
Standing Committee. The terms of the odd -numbered SPIN neighborhoods expire this
year, and with the realignment of SPIN neighborhoods, the new SPIN #16 also needs a
representative named. The term of the SPIN #16 representative will be one year to keep it
in line with the term expirations of the other even -numbered neighborhoods. Note that
Cara White (SPIN #1), Darrell Faglie (#7), Roger Hutton (#11), and Wayne and June
Haney (#15) are reappointments. Barry Friedman (#13) was named earlier this year to fill
the place vacated by Jim Goggin's resignation, and is now seeking a full term.
15. Agenda Item No. 5N. Developer Agreement for Cornerstone Business Park. Council has
already approved a partial developer agreement for this development, as discussed in the
memo from Bob Whitehead. The only deviation from the standard agreement is the
prohibition of construction traffic entering or exiting the development by way of Crooked
Lane. Staff has recommended approval.
16. Agenda Item No. 50. Developer Agreement for Versailles, Phase II. This developer
agreement covers the 48 lots in Phase II. As noted in the memo from Bob Whitehead,
there are a few provisions in this agreement which are not "standard," however they were
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
December 12, 1997
Page 6
approved with the Phase I developer agreement. Questions about any of the developer
agreements may be directed to Ron Harper, city engineer, at extension 779.
Increment Reinvestment Zone Number One. According to Section 311.009(f) of the Tax
Increment Financing Act, the governing body of the municipality must appoint one
member of the Reinvestment Zone Board to serve as Chair. The term is for one year and
is effective on January 1 of the following year. This resolution appoints Mayor Stacy to
serve as Chair of the TIF Board. Since the City Council has the majority of members on
the board, it is appropriate that the presiding officer of the City Council serve as Chair of
the board. The TIF Board has the ability to elect a vice -chair to preside in the absence of
the chairman or when there is a vacancy in the office of chair. This item will be discussed
at a future Reinvestment Zone Board Meeting.
19. Agenda Item 5S. Resolution No. 97-81. Authorizing Keep Southlake Beautiful to
Construct a Waterscape at Bicentennial Park. This resolution authorizes Keep Southlake
Beautiful to construct a Waterscape in the Naturescape area at Bicentennial Park. The
project, with an estimated total cost of $25,000, will be completed in two phases.
Construction of the first phase, the hardscape, will begin next week and should be
completed by the end of February. The softscape will be bid and planted in the Spring of
1998.
Keep Southlake Beautiful will be fully responsible for funding the waterscape. SPDC has
committed to contribute $5,000 in matching funds to the project and will be considering
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Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
December 12, 1997
Page 7
KSB's request for an additional $7,000 in matching funds on Monday December 15. Park
Board recommended approving KSB's request at their meeting on December 8.
20. Agenda Item No. 5T. NOTE THIS IS A TABLE ITEM. Request to table to January 6,
1998. Ordinance No. 480-261, ZA 97-130, 1st Reading, Rezoning and Concept Plan for
Southlake Garden Offices, at the request of the applicant.
21. Agenda Item No. 7A. Ordinance No. 683. 2nd Reading. Sidewalk Ordinance. This
ordinance has gone through extensive review, as indicated on the Sidewalk Ordinance
Chronology (pp. 7A-2 and 7A-3). The ordinance illustrates the careful review given new
regulatory control development ordinances to assure fairness and workability in the
achievement of desired objectives.
22. Agenda Item No. 7B. Ordinance No. 585-A. 2nd Reading, Tree Preservation. Attached
you will find draft six (6) of the tree preservation ordinance for your consideration.
Director Last has made the revisions as directed by the Council during your first reading.
Contact Greg Last at ext. 750 should you have any questions regarding this item.
Site Plan for the Courtyard at Timarron. There are no unresolved issues regarding this
request. There have been no changes in the applications since Council approval of the first
reading on consent 6-0. Contact Dennis Killough at ext. 787 or Karen Gandy at. ext. 743
should you have any questions regarding this item.
24. Agenda Item No 7D ZA 97-149. Site Plan for Lot 25R-1 Block 1 Woodland Heigh
Addition, There are no unresolved issues regarding this request. The Planning and
Zoning Commission recommended approval 5-1 (LeVrier dissenting) with
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
December 12, 1997
Page 8
recommendations regarding the removal of two pole lights and elimination of flood lights
on the south side of the building. There was some discussion regarding the timing
intended for the construction widening Westwood Drive at the intersection. The residents
desired the completion of those improvements prior to the beginning of the building
construction. The applicant was willing to construct the road widening at the beginning of
their construction, but did not want to wait to begin the building until after the roadway
had been constructed and accepted. The Commission seemed receptive to a commitment to
begin the road widening as the first item of construction. Contact Dennis Killough at ext.
787 should you have any questions regarding this item.
25. Agenda Item 7E. Ordinance No. 690. 2nd reading. Approving Project and Financing Plan
for Tax Increment Reinvestment Zone Number 1. This item is the result of the C.I.S.D.
work session last night, Thursday, December 11, and the TIRZ Board meeting this
afternoon. Since this item involves several legal issues, we will discuss it in executive
session Tuesday night.
26. Agenda Items No. 8A. 8B. and 8C. These items left intentionally blank.
27. Agenda Item No. 8D. Ordinance No. 480-264, ZA 97-150. Rezoning and Revised Site
Plan for Georgetown Park. The rezoning component of this request is needed for the
property that the developer acquired from the City. The site plan component is needed to
address the construction of the southernmost building. There are no unresolved issues
regarding this request. The Planning and Zoning Commission recommended approval 6-0
with modifications to the Site Plan Review Summary as noted in the staff report. Feel free
to contact Greg Last or Dennis Killough should you have any questions regarding this
item.
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Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
December 12, 1997
Page 9
28. Agenda Item No. 8E. Ordinance No. 480-265 ZA 97-155, Rezoning for Cornerstone
Business Park, Phase II. The only issue regarding this request is the opposition from the
homeowners north of the property. Included in your packet is a petition summarizing their
position and desire to have the property zoned SP-1 with 0-1 uses, similar to Cornerstone
Phase I which was adjacent to and east of their subdivision. Recall that on that project the
zoning was straight 0-1 and the developer agreed to voluntary deed restrictions. The
Planning and Zoning Commission recommended approval 5-0-1 with the provisions as
noted in the staff report. Contact Karen Gandy at ext. 743 or Dennis Killough at ext. 787
should you have any questions regarding this item.
29. Agenda Item No 8F ZA 97-156. Preliminary Plat for Cornerstone Business Park, Phase
II. There are no unresolved issues with this plat. The Commission recommended
approval 5-0-1 subject to staff review letter. Contact Dennis Killough at ext. 787.
30. Agenda Item No. 8G ZA 97-158, Plat Revision Cedar Oaks Estates There are several
issues regarding this request. The most significant issue is the technical necessity for a
variance to the lot width requirement. Attached to my memo you will find a memo from
Karen Gandy, zoning administrator, thoroughly explaining the issue regarding the lot
width. It has been the City's position since the adoption of the ordinance that the lot width
be measured at the specified minimum building line at the distance determined by the
zoning district. Mr. McMahan is taking the position that he is not requesting a variance to
this requirement because he feels that he can provide the required lot width at any distance
from the ROW. The city attorneys have reviewed the ordinances as well and concur with
staff's interpretation of the technical requirements of the ordinance.
Given the fact that the proposed configuration requires a variance to the subdivision
ordinance and the fact that there is greater than 20% surrounding owner opposition, there
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
December 12, 1997
Page 10
is a requirement for a supermajority vote in order for Council to approve the request. A
unique aspect of this is that it only requires a supermajority of the councilmembers presen
as opposed to the six votes required for a supermajority related to a zoning request.
Another related topic is the public safety aspect of this request. Mr. McMahan has met
with the fire services staff and has agreed to provide a 24' private drive, constructed to fire
lane standards, to provide access for each of the proposed lots.
The issue basically comes down to public policy. In the past it has been our policy to
require that every lot have adequate frontage on a public street (or private street meeting
public street standards). This requirement provides for a measure of continuity within our
subdivisions and also acts as a tool to regulate the density of developments. However. as
the city matures in its development, we will increasingly be approached with "in -fill"
projects of this sort rather than the large acreage master planned communities. In reality,
our ordinance does not envision or recognize this fact, and thus does not adequately
address these type of projects. While it may or may not be appropriate to allow this type
of development within an existing subdivision (the public policy issue), at some point in
time we may find it necessary to be more flexible on in -fill projects throughout the city.
Staff s position has been to enforce the ordinances as currently written. If the Council is
receptive to this type of project, it would be our recommendation that the ordinances be
revised as soon as practicable to accommodate the need, rather than continually granting
variances. The Planning and Zoning Commission recommended approval of this request
6-0. Contact Greg Last or Karen Gandy if you have any questions.
31. Agenda Item No. 10A. Developer Agreement
for Town Square,
Phase I. The Town
Square Developer Agreement is included in
your packet
for consideration. The
developer's agreement in your packet is the
"clean" copy;
there are no points of
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
December 12, 1997
Page 11
disagreement between staff and the developer. This is the culmination of over a year of
discussions and negotiations for the development of what will become a focal point for the
City of Southlake.
In spite of the complexity of this project, our standard developer agreement was able to
address most of the issues associated with this project. The major issues dealing with this
project are in the cost sharing provisions of the Tax Increment Reinvestment Zone and the
agreement to be developed relative to the city hall.
This Developer Agreement will require the TIF to bear 40 % of the cost of the Phase I
infrastructure (approximately $2.9 million), the cost of Phase I park improvements ($l.l
million), and the cost to relocate North Carroll Ave. (approximately $1.5 million).
(6w The Memorandum of Understanding for the City Hall outlines the general specifications
and responsibilities for the design and construction of this project.
A redline/strikeout copy of this agreement will be provided to you prior to your meeting.
While we try to include the redline/strikeout in your packet so that you may readily see the
differences between the subject agreement and the standard agreement, in this instance we
were unable to provide this due to problems with the computer associated with the move.
Hopefully we will have it by mid -day Monday, and if so, will deliver to you at that time.
Any specific questions regarding the agreement can be directed to myself, Darcey Imm at
ext. 759 or Ron Harper at ext. 779.
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Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
December 12, 1997
Page 12
OTHER ITEMS OF ItiTEREST
NOR
following information is extracted from the SPDC packet memo for its meeting on
Monday, December 15.
Mr. Johnston brought this item forward during the SPIN Summit for consideration,
however, it was not ranked high enough at the Summit for SPIN to consider pursuing it.
As such, he is moving forward with the project on his own.
There are a number of issues related to this request that we believe should be brought to
your attention as you consider whether or not to fund the project:
At the staff level, we have discussed the possibility of developing a tree farm almost every
year since I have been here. In fact, we had set aside a site for a limited tree farm at one
time. While we are very supportive of the concept, we have not seriously pursued it
because of concerns about lack of an appropriate site and the sufficient resources to
adequately maintain it.
A tree farm would be labor intensive. Mr. Johnston is proposing a tree farm which would
be maintained by volunteers. I am always impressed by the volunteers we are able to
utilize for city projects. Adventure Alley and the Senior Activity Center clearly illustrates
that Southlake has a large pool of dedicated residents who work hard on community
service projects. Certainly a tree farm is a project where we would enjoy help from
volunteers as Mr. Johnston has suggested.
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Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
December 12, 1997
Page 13
We would be remiss, however, if we did not point out to you our concerns about our
ability to sustain volunteers to provide the maintenance of the tree farm due to the
extensiveness of this project and the intensity of the maintenance such a project would
require. One must only look to Adventure Alley to see a good example of how volunteers
in Southlake are able to make good things happen, only to have the ongoing maintenance
of the project turned over to the city once the enthusiasm for the project has subsided. In
short, the city must be prepared to assume full responsibility for the maintenance of the
tree farm once one is developed. We must be willing to add the staff and buy the
equipment (tree digger, flatbed truck, wench truck, etc.) necessary to ensure that the tree
farm is properly maintained.
Mr. Johnston has suggested that the tree farm should be located near the new Senior
Activity Center. At this time we cannot recommend this location for a tree farm. This
property will be one of the "crown jewels" of our community. We hope in the near future
to have some sort of community center on the site. Details of the use of this property have
not yet been determined, and we cannot responsibly recommend a tree farm (which has a
life of five years) at this site before the site has been "master planned" by the City
Council. Even if a tree farm at this time were a good idea, why would we want to risk
building a tree farm in a location which may require its removal before the trees are ready
for harvesting?
The Park Board not only is recommending funds for the project, but is supporting Mr.
Johnston's request to use the aforementioned site. Their recommendation on this issue,
while good intentioned, is perhaps somewhat misguided. By ordinance (No. 646) the Park
Board has authority to make recommendations "...related to all nature of park
improvements and recreation programs..." The policy recently passed by the Park Board
and the SPDC regarding the matching funds clearly states that their consideration of
ON
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
December 12, 1997
Page 14
projects for matching funds "will be based on the extent to which the project fits in with
the overall intended use of the parks..." Clearly, this location is not in a park. Thus, the
responsibility for determining its use does not lie with the Park Board. Procedurally, this
responsibility lies with the City Council following a recommendation from P&Z.
Recall that this property has an approved concept plan. If we follow our own rules (which
I believe we will), a site plan must also be approved before any physical improvements are
made because the site lies within 500 feet of FM 1709. A tree farm is a use which
requires approval.
I understand the Park Board's willingness to support a tree farm; however, there are many
questions that need to be answered before we "get in the business" of farming trees. For
example, it may actually be a substantial savings to simply purchase trees as needed. I can
also understand the seniors wanting to have what Greg Last would label a "hobby farm."
We are in the process of removing the three fruitless mulberry trees behind (east of) the
Eubank's house. There would be room there to plant a few trees that could be cared for
and maintained by the seniors.
I would hope that any determination regarding the location of a tree farm would be
analyzed thoroughly, with several alternative sites considered. Staff has some
recommendations but, again, it is our feeling that pursuit of this project is premature at this
time.
33. Staff Moves. We have successfully completed steps one and two of our latest move. As
you may be aware, the entire City Manager's Office is now located downstairs in the
Administrative Offices. Public Works Administration now occupies the space in which
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Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
December 12, 1997
Page 15
Shana, Nona, Tracy, Kevin and Shelli were previously located. By freeing up the space at
City Hall, we will be able to accommodate the office space needed by new employees.
You may (or may not) be surprised to hear that the staff has been very positive about the
move! The space allocation is adequate, even though there is some doubling up. If you
have not already done so, I would invite you to come take a look.
34. Crime Control District Update. The first meeting of the Southlake Crime Control and
Prevention District Board of Directors is scheduled for 6:30 p.m. on Wednesday,
December 17 in the CISD Administration Building. The first meeting will be geared
towards orienting the new Board members to their role and responsibilities, as well as to
the plan and budget you adopted. We plan to kick off the "real" business with the Board
after the first of the year.
35. Public Safety House. You will recall that Council appropriated funds for the purchase of a
safety house, and recently awarded the bid. We are now in possession of the house, which
we are putting the finishing touches or, this week. It is a mobile unit which will be used to
train children about appropriate responses in emergency situations. If you would like to
view the house, please let Director of Public Safety Billy Campbell know.
36. Library Issue. - Attached to this memo is an article that appeared in the Fort Worth Star
Telegram regarding the progress which is being made in the discussion of a joint library
with Grapevine and Colleyville. Note that I am planning to brief you on our meetings
during my report on Tuesday evening. I do, however, want to make a few editorial
comments about this project prior to making the report.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
December 12, 1997
Page 16
First, as I mentioned in my last memo. I believe it is unrealistic to expect we could
consider funding a library at this point in time unless we are willing to expand the use of
SPDC funds. We simply have too many other priorities (which have no dedicated funding
source and must rely on general fund dollars), to otherwise move forward with a library at
this time. Should you agree, we will need to convince the voters to agree to expand the
use of SPDC funds if we want to be realistic about our ability to fund a library.
Second, the article included a Cynda Mast quotation through which she was questioning
the Council's continued exploration of the joint approach to providing library services,
given the Library Committee's recommendation. (I have spoken with Cynda, who tells me
her quotes were limited in the article, taken out of context, and did not convey clearly her
thoughts on the subject.).
I have explained to those who have asked that our position on this matter is two -fold. Our
citizen satisfaction survey included questions about library services, at the request of the
committee. Unfortunately the survey results were not available by the time the committee
was ready to make its recommendation, and they decided to move forward without the
benefit of the results. Respondents were asked if they favored a library system that was
jointly owned, financed, and operated by the cities of Southlake, Colleyville, and
Grapevine or a system that was independently owned and operated by the City of
Southlake. A majority of those surveyed (69.3 %) were in favor of a three -city library
system. When asked why they favored this choice of systems, those that supported a joint
system most often cited cost savings, better resources, and a larger facility. The results
certainly warrant further exploration of the joint concept.
There was also some concern that the recommendation of the committee did not represent
If fir.► the ideas of the full committee. You will recall that there were 16 members appointed.
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Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
December 12, 1997
Page 17
The recommendation to pursue a stand-alone facility passed by a vote of 7 for stand-alone,
1 for tri-city, and 2 abstentions (only 10 members were present at the meeting). Most
importantly, given the magnitude of the potentially required investment, we owe it to the
citizens to carefully examine all factors, including whether or not the reasons cited by the
committee for recommending against a 3-city library can be overcome.
Finally, the concept of building joint facilities is an approach which has merit, provided
the city's fundamental needs can be protected. We cannot rush headlong into a joint
facility without proper consideration. We are fortunate that our financial consultant, Lewis
McLain, is working on the city's long range financial plan at this time because he will be
reviewing the library consultant's analysis to determine if the city will indeed realize the
benefits anticipated.
Although, there has been some reports in the newspaper that Grapevine and Colleyville are
including action items on a letter -of -intent Tuesday night, I spoke with Bob Stripling
yesterday and he assured me he is only briefing his City Council. This is in keeping with
what we discussed at the 3-city council/city manager's committee meeting Monday
afternoon, December 8. We will hopefully have an item on your agenda in January to
consider a letter -of -intent.
37. Land Use Plan Update. The Planning and Zoning Commission has finalized its
recommendations to the Land Use Plan update. P&Z will be holding their formal public
hearing at the beginning of their next P&Z meeting on 12-18-97. Please remember that,
barring unforeseen delays, we have scheduled a joint work session with Council and P&Z
for January 15, 1998 in order to discuss the LUP recommendations from the Commission.
Feel free to contact Greg Last or Chris Carpenter (ext. 866) if you have any questions
regarding the 1997 LUP update.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
December 12, 1997
Page 18
38. Land Use Plan Terminology. We have previously forwarded you a summary of the
definitions of each of the Land Use Plan categories as well as the corridor study categories.
An issue came up last meeting (Garden Offices) regarding the actual wording of the "Low
Density Residential" category and we thought you might appreciate receiving this again for
your reference. I have attached this summary to my memo.
39. Economic Development Activities, Kate Barlow, Economic Development Specialist, gave
a tour of Southlake to the real estate reporter of The Business Press, Tarrant County's
business journal, on November 21, 1997. One immediate result is the attached front page
article from the Nov. 28-Dec. 4 issue. Based on discussions with the reporter, staff
anticipates further coverage, particularly regarding the soon to be launched Cornerstone
Business Park.
The Fall 1997 Southlake Economic Report was mailed to over 1,200 recipients including
local businesses and various economic development contacts.
In response to a Greater Dallas Chamber request, economic development staff has provided
information on Southlake and related entities for their Metropolitan Cities Database;
Southlake will be one of 50 cities included.
40. Proposal for the Zembrod Ranch. Attached you will find a letter and accompanying
reduction of a master plan proposed for the Zembrod Ranch property south of FM 1709,
across the street from the Kroger center and adjacent to Woodland Heights. I forward this
to you at this time so you will know what is going on if you are questioned regarding this
property. The developers, Dennis Scifres and Jim Poynter, have met with the Woodland
Heights neighborhood once and with staff several times. They have recently become
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
December 12, 1997
Page 19
aware that the Planning and Zoning Commission is recommending that this property be
changed from "Mixed Use" to "Office Commercial" in their land use plan update. They
have forwarded the attached letter to the Commission and intend to discuss the issue with
them during the public hearing next week. Contact Greg Last at ext. 750 if you have any
questions regarding this issue.
41. Mr. Jim Giffin's Complaints at Park Board Meeting. In October, Mr. Giffin submitted a
list of complaints regarding the baseball fields and facilities at Bicentennial Park to Park
Board member Ronnie Kendall. She forwarded those comments to Parks Director Kim
Lenoir, who responded in writing to each of Mr. Giffin's concerns. (A copy of his
concerns and Kim's letter is attached to my memo.) Apparently unsatisfied with Kim's
response, Mr. Giffin appeared at public forum at the December 8 Park Board meeting to
voice his complaints.
In addition to Kim's responses, the following should be noted:
Fields available for the public: The ball fields are used heavily by the Southlake
Baseball Association and per our agreement with them, we are responsible for maintaining
the fields "at competition quality." Unfortunately, because of the lack of playing fields,
those we do have are used heavily, and we need to allow some time for the grass to
recuperate. During league play, the fields are closed on Sundays, but they are in use
Monday through Saturday. Outside of the league season, the fields are closed -for three
weeks in late July/early August, and again for the months of December and January. The
fields are available to the public, but as with joint use facilities, there is very little time
available outside of the time committed to as a result of our various agreements with the
athletic associations.
0
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
t December 12, 1997
Page 20
Weekend staffing: We do not have sufficient personnel to staff the parks on weekends.
When weekend part-time staff was requested in the budget, it was suggested that volunteers
and Teen Court kids be used to chalk and line the ball fields. As per the agreement with
the SBA, the City is responsible for preparing the fields Monday through Friday and on
Saturday mornings. However, SBA has wanted to use the fields for practice on Friday
nights, so they agreed to prepare the fields Saturday morning. When we have scheduled
staff for Saturdays (and we did for the last two years), they were under-utilized because the
coaches did not want to allow the park maintenance worker to grade and re -chalk the field
between games because they wanted to practice and warm up.
Ballfields not unlocked: Per the agreement with the SBA, "SBA shall ensure that all
secured areas remain locked and/or are locked at the completion of each activity." The
SBA coaches are responsible for unlocking the fields for scheduled practice times.
I bring this to your attention in case you get complaints from Mr. Giffin or others. We are
limited in our staffing for park maintenance and we will continue to fall behind as more
facilities are brought on line and public demand continues to increase. We will continue
our efforts to make more effective use of volunteers.
42. Fire at Solana Marriott. The attached memo from Public Safety Director Billy Campbell
describes the scenario of events that occurred earlier this week. The investigation is still
continuing. Note also the attached letter from Maguire Partners attached to. Director
Campbell's memo.
43. Another thank you to the Public Safety Department. Note the attached letter from the
Drews Realty Group. Although the department receives "thank yous" on numerous
occasions, I thought this one was especially well written and deserved mention.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
December 12, 1997
Page 21
44. Update on Brunson Lawsuit. We have received from the two Court orders regarding this
case. The first order is an Order of Continuance continuing the December 10, 1997 trial
setting to sometime during the week of April 6, 1998. The second order is the Court's
Order referring this case to mediation which requires all parties to mediate by January 15,
1998. As recommended by our attorneys, we are getting an additional appraisal and an
independent engineering report (a second opinion) on the property. I can brief you more
about this in executive session.
45. Follow-up on the Carroll High School SigIl. Paul Ward, Chief Building Official has been
working with Dr. Presley, Principal of Carroll High School, to develop policy guidelines
to regulate the content and speed of the messages to be displayed on the reader board sign.
Mr. Ward has contacted the sign company, Colen Williams Inc., and requested the
operating manuals for the sign. With a better understanding of the capabilities of the sign
and associated software, an acceptable usage guide can be developed.
Dr. Presley is still attempting to work with the sponsors to see if another advertising
location (another location on campus or in printed materials) would be an acceptable
alternative to compensate for funding the sign. He is also exploring the possibility of
parents contributing to the cost. Dr. Presley appears to be working toward addressing the
concerns raised by Council, and I will provide you with the policy guidelines and other
information as it becomes available.
City of Southlake, Texas
MEMORANDUM
December 4, 1997
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: Measurement of Lot Width
Case # ZA 97-158 brings to the forefront a scenario that Staff has offered concern about many times
in the past --the issue of panhandle / flag lots and where lot width is measured. A part of the
discussion on lot width measurement also involves cul-de-sac lots. Both the Zoning Ordinance and
the Subdivision Ordinance require that all lots front on either an approved public or private street.
(Reference: Ordinance No. 480, § 7.5, Lots to Have Access; and Ordinance No. 483, § 8.01A,
Lotting Requirements). The zoning ordinance further requires that residential lots have a minimum
frontage (i.e., lot width) of 100'. (There is no minimum lot width for non-residential lots.) The
question then becomes where lot width is measured.
Staff and the City Attorneys feel that the ordinance requires that lot width be measured at the front
building line which is defined in Section 4 of the zoning ordinance as "a line parallel or
approximately parallel to the street right-of-way line at a specific distance therefrom marking the
minimum distance from the street right-of-way line that a building may be erected." Furthermore,
under the definition of lot measurement, width is defined as "the distance between the side property
lines measured at the front building line." See attached Lot Width Exhibit.
In years past, Staff s reviews always noted any residential lot that did not display the minimum 100'
at the required minimum building line, particularly on cul-de-sac lots. However, the Commission
and the Council granted so many variances to the lot width provision and allowed the applicants to
simply "push back" the front building setback line (until the minimum 100-foot lot width was
obtained) that Staff no longer comments in these situations as long as the minimum lot width is met
at the established front building line. It is our intent to again consistently comment where this issue
arises.
The case before you is not the first to seek a panhandle -type lotting arrangement; however, there
have been only a few cases previously which have had unique enough circumstances to warrant a
variance to the ordinance provisions for the required lot width at the minimum building line. When
the standard measurement of lot width is relaxed and then combined with a panhandle /flag lot, the
following lotting arrangement can occur: a series of "L-shaped" lots carved out of a parcel of land
which provides only minimal street frontage (perhaps as little as 12'). See attached Panhandle Lot
Exhibit. Each of these lots then establish their front building line at a distance where the minimum
lot width can be obtained. Only a few such cases come to mind where the applicant was able to put
forth a convincing argument that a significant hardship existed that warranted the approval of a
panhandle lotting arrangement: Bull Run Addition (Summerall/Grubbs) west of South White Chapel;
Lots 2 & 3, T. Beedy No. 72 Addition (Capili) east of North Peytonville Avenue; Lamp Estates,
west of North Peytonville Avenue; Carmel Bay, north of Burney Lane and adjacent to Grapevine
Lake; and Huse Homeplace Addition, west of Harbor Court.
City of Southlake, Texas
Curtis E. Hawk, City Manager
December 4, 1997
Page Two
In the past, it has been public policy to require that all lots have a standard frontage on a public street
to accommodate public safety services and as a method of managing lot density and of maintaining
continuity within the neighborhood. Should it be our desire to change our policy direction, Staff
would recommend changes to the ordinance to grant relief from the frontage requirement while still
ensuring adequate public safety access. In particular, this might be appropriate in "RE," Residential
Estate -type developments limited to 2 - 3 lots.
With regard to the width of cul-de-sac lots, if it is the policy decision to allow cul-de-sac lots with
less width where normally measured, a zoning ordinance amendment could be pursued which would
provide that all cul-de-sac lots having fifty percent (50%) or more of their frontage on the bulb of
the cul-de-sac be permitted to have lot widths of eighty feet (80') and that lot width be measured at
the specified minimum front yard setback. This ordinance amendment would eliminate the front
building lines on cul-de-sac lots from sometimes being twice the depth of adjoining lots. See
attached Cul-de-sac Lot Exhibit.
Should you have questions regarding any of the above, please call me at (817) 481-5581, extension
743.
KPG
att Referenced Definitions
Lot Width Exhibit
Panhandle / Flag Lot Exhibit
Cul-de-sac Lot Exhibit
Reductions of the Referenced Plats
cc Greg Last, Director of Community Development
I:\comdev\wp-files\ltr\opinion\&ontage.lot
Referenced Definitions
(Section 4, Zoning Ordinance)
BUILDING LINE - Front: A line parallel or approximately parallel to the street right of way line
at a specific distance therefrom marking the minimum distance from the street right of way line that
a building may be erected. Side: A similar line parallel to the side lot line (see drawings on pp. 4-
19 and 4-20.
LOT MEASUREMENTS - See drawings on following two pages.
a. Area of the lot shall be the area of the lot within the lot lines, expressed in square feet or
acreage, including easements, and shall not include portions of any public street or alley.
b. Depth of a lot shall be considered to be the distance between the midpoints of straight lines
connecting the foremost points of the side lot lines in front and the rearmost points of the
side lot lines in the rear (the mean horizontal distance between the front and rear lot line).
C. Width of a lot shall mean the distance between the side property lines measured at the front
building line. (As amended by Ordinance No. 480-C.)
FRONT YARD
I I
BUILDING LINE
------------
( LOT WIDTH
I I
(A)
FRONT YARD
/ FRONT YARD BUILDING LINE
_ BUILDING LINE � —
/ LOT WIDTH , LOT WIDTH
i !
1 /
(B) (C)
LOT WIDTH
------------ R.QW---------------
PANHANDLE LOTS
(Lots 2,3,4,& 5)
Flag Lotting Diagram
50' b. 100'10
1"=50'
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NEWS CLIPPLrG I Source: The Business Press I DATE: Nov. 28 - Dec. 4, 1997 1
CioOlake park adds 40,000sf office sec space..
By KELU R000A
THE BUSINESS PRESS
SOUTHLAKE — Developer Randy Pack
plans to build a 40,000-square-foot spec
office complex at the expanding Com-
merce Business Park.
The planned project comes on the
heels of three new showroom tenants
inked at the park, located in the 500
block of Commerce Street.
The office project will cater to small
tenant, office/warehouse users. Lease
spaces will start at 2,000 square feet.
Construction is slated to begin during
first quarter 1998.
"The local economy is demanding this
size of space," Pack said.
The project will be marketed to home -
improvement users that cater to the
building and consumer markets, he said.
Lee Spencer of Swearingen Realty
Group LLC will handle the preleasing,
which also is scheduled to begin first
quarter 1998.
Commerce Business Park's newly
signed tenants include Arlington -based
Park Row Lighting, which leased 15,000
square feet at 545 Commerce St., No.
100. The showroom is slated to open by
March.
Dal -Tile Corp. will share the build-
ing with Park Row. The tile company
leased 8,500 square feet for its show-
room at No. 200.
In addition, Glidden Paints leased
6,000 square feet for its paint and deco-
rating showroom at 575 Commerce St.,
scheduled to open in March.
Commerce Street is quickly becom-
ing "showroom alley," Spencer said.
"It all relates back to new home con-
struction. It's really driving the demand,"
Spencer said. "With Stacy Furniture in
the park and the Carpet One showroom
adjacent to the park, it's like one -stop
shopping."
And the new tenants add to Southlake's
PARK from page 1
tax base, said Kate Barlow, economic de-
velopment specialist with the city.
"If residents are spending money here,
they are putting money back into the
community," Barlow said.
Pack closed on the land for Commerce
Business Park in 1994 and has sold par-
cels of the park to other developers.
Pack's development at the park includes
10 office/showroom buildings. Three
spaces ranging from 3,000 to 6,000
square feet are available, and a 16,500-
square-foot office/warehouse space is
under construction and will be available
in 90 days, Pack said.
A tenant has not been signed for the
new space.
"We've got a few acres left to de-
velop, and we can do some build -to -suits
along with the new office space," Pack
said. "We cater to the service trades."
The park fills the need for the high
demand of smaller spaces, Spencer said.
see PARK on page 16
"The trend is for developers to build
100,000-square-foot and larger distribu-
tion boxes that exclude the local busi-
ness owners," Spencer said. "Those who
need 15,000 to 20,000 square feet don't
have anywhere to go."
The 50-acre park is located off of
Southlake Boulevard, one block west of
Texas 114.
"It's a great location," Pack said. "It's
close to D/FW Airport. Ail-ance and down-
town Fort Worth."
The park is now 90 percent leased with
tenants such as General Door, Technical
Transportation, General Aluminum and
Standard Aero.
OYNTER SCI FRES COMPANIES
m. rcial, Industrial Real Estate 301 Commerce Street
Suite 1205
December 10. 1998 Fort Vvorth, Texas 7 6102
Planning and Zoning Commission
City of Southlake
667 North Carroll Avenue
Southlake, TX 76092
RE: Tract 2B, A-529 J. A. Freeman Survey aka The Zembrod Ranch (Subject Property)
Dear Commissioners:
Quite recently it has come to our attention that an effort is underway to change the
Southlake Land Use Plan (LUP) from "mixed use" to "office" in the area of Southlake
where the Subject Property is located.
For a number of months the ownership of the Subject Property (which consists of a group
of mostly Tarrant County based individuals), has spent a considerable amount of time,
effort and money to develop a site plan for the Subject Property that is "mixed use" in
nature. We have met with city staff a number of times and the neighborhood SPN group
once, in an effort to develop a concept plan that, if not ideal to everyone, at least
endeavors to be sensitive to the concerns of all parties. Attached for your review is the
most recent site plan as it has evolved with the aforesaid time, effort and cost.
The neighborhood group is opposed to any retail of any kind on the south side of
Southlake Blvd., although quite recently a "strip" retail center was constructed less than
1/2 mile east of the Subject Property at the southeast corner of Southlake Blvd. and
Kimball. We can understand completely the desire of the neighborhood to protect their
considerable investment in their respective homes and neighborhood. But it is unrealistic
and unfair to dismiss our desire to develop the Subject Property in a quality manner that is
,.0..,,.3 tent with she existing I:L>t'. We have already to:u staff that we a:e u-gl"Cect:1::, to a
planned development concept (SP1 or SP2), which we are prepared to file under within 60
days. This will allow sufficient time for all parties -.neighborhood, staff, P&Z and Council
- to have significant input on the development plan for the Subject Property. Surely it is a
reasonable request that you defer changing the LUP for some period of time so that we
may continue the process of working together toward a plan for a quality development
that will be good for Southlake. You need to know that when we purchased the property
two years ago, we did so based in part on the existing LUP.
We would like to ask you to take a few minutes to familiarize yourself with the attached
site plan and aerial photograph. You may recall that the Subject Property "falls" gently to
the north and east - away from the 5 or so homes immediately adjacent to the southern
X
3 1 1 - 3 3 1590,
FAX 333 i 33'
Planning & Zoning Commission
December 10, 1997
Pa(-)-e 2
property line of the Subject Property. The rest of the neighborhood does not overlook the
Subject Property. Of note is that not one car will enter the neighborhood from our
development because there is no access point. Having said that, if the neighborhood
desires access into our development in order to use the traffic light at Village Center Dr.,
we would certainly work that out together. Given the lack of traffic impact on the
neighborhood, the remaining issues seem to be "aesthetic" in nature i.e. "what will we see
and hear". We are not attempting to speak for the neighborhood - but since this issue has
been raised, we would like to address it briefly here.
Based on the sheer number of calls from real estate brokers and retail users, there is no
question what the "market" wants at this site is quality .retail development. As the
enclosed aerial graphically shows, the "name brand" retailers like this immediate area -
including the Subject Property.
The desire of the retailers to be in our development actually helps in that they will pay
enough rent for the retail lease space to allow us to create a very nice jogging trail and
lake setting closest to the homeowners, with a buffer yard in excess of Southlake code
requirements. Put another way we can reduce the density of office development and add
amenities like the jogging trail, berms and a masonry fence around the perimeter (if
desired) on the portion of the property closest to the neighborhood. In response to SPIN
comments, we have (1) placed all of the office parking away from the residences so that
car noises such as doors opening and closing will not be close enough to hear, (ii) placed
the office buildings on the sides of the lake away from the residents to provide them a
view of the water and (iii) eliminated the "loop" drive around the lake shown on previous
concept plains to eliminate all traffic at the very southern end of the Subject Property
closest to the residents. This clustering of the office buildings on the north side of the lake
screens the retail from view. If the residents elect to have us install an eight foot tall
all -masonry screening wall around the portion of the property abutting residential (which
we have already indicated we would do), it is our feeling that there will be virtually no
negative '%iew" or "noise" impact. We will size and design the water feature so that it
always contains water and maintain it as an amenity, instead of the unsightly detention
feature on the Highway 114 side of Village Center. We are situating the office buildings
so that the successful lease -up and ultimate value is dependent on the proper installation
and maintenance of these amenities. We also will commit to install these amenities prior
to the issuance of any occupancy permit for any building.
L
Planning & Zoning Commission
December 10, 1997
Page 3
The bottom line is, without the "mixed use" component we can not afford to make
the Subject Property as attractive to the neighbors as we can by using the higher
value retail land in our financial equation.
The office buildings and related improvements will be developed by our firm. We have
built over 1,000,000 sq. ft. of office and commercial buildings since 1972. Jim Poynter
built Texas Commerce Bank -Arlington's 12-story bank building (largest in
Arlington). Please feel free to call David Jackson, Chairman of TCB Arlington at
469-3100 and/or Nathan Robinette, President of Overton Bank and Trust at 570-5100 as
references to our capabilities. Also, we own the 3 office buildings adjacent to the Subject
Property on the west. Drive by and have a look; we think you'll like how they are
maintained. The retail will be developed by the Woodmont Companies. They are
nationally regarded developers of retail centers. Two of their recent local retail
developments are (1) a 600,000 sf "Toys `R Us" anchored center across from the Vista
Ridge Mall in Lewisville and (ii) the 130,000 sf Albertson's anchored Fossil Creek Plaza
located at the southwest corner of Western Center Dr. and Beach, in Fort Worth. Both are
Class "A" centers as will be the retail development here, albeit much smaller and less
dense.
SUMMARY:
In almost any land planning situation we can think of, high -end retailers across from
high -end retailers on a major thoroughfare such as Southlake Blvd. is a reasonable
request. However, it has been drummed in to us by Staff and others that Southlakc has no
interest in being just like any other city, and for that you are to be applauded. But there is
a happy medium where we can meet and even exceed some of your expectations while
allowing us to develop the Subject Property in a prudent, market -driven manner. Please
do not react too quickly in revising your LUP for this immediate area. We have agreed to
work informally with all parties on a timely basis and to formally go through the process
on a planned development concept.
Planning & Zoning Commission
December 10. 1997
Pa-e 4
Thank you for vour thoughtful consideration to all sides of this issue. We stand readv to
appear at the December l Sth Public Hearin- and at anv other forum where you may desire
our input.
encl.
cc: Honorable Mayor Rick Stacy
Gre- Last
Kevin Avondet, Partner, Woodmont Cos.
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Dear King and Kathy,
Jim Giffin approached nie Saturday at a lwckey game to inform
nic of problems we have at Bicentennial witli buscb"tll. I asked hiin to
write thew down and be specific. 1 attached wha1,he wrote. Ile said lie
wanted to conic to a Park Board meeting to discuss them. 1 told him 1
would look into t1m, matter.
Also, Gary hawks called the specifically to complain about the
lack of access to the ballfields at Bicentennial by the general Public.
(This was also noted by Mr. Giffen as a problem.) Maybe the. Park
Board should revisit this complaint made earlier by a lionie-school
group. I know this will be an issue when the tennis courts become
available. Also, we heed a liason from the Park Board to take Gary's
place.
Kathy, I think you did a good job in handling; the problems with
the hockey game Saturday and dealing with the parents, coaches and
rcicrccs. 'Flunks for your prompt attention to that matter.
Ronnie Kendall
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Mayor:
Rick Stacy
Mayor ProTem:
W. Ralph Evans
Deputy Mayor Pro Tern:
PamelaA. Muller
Councilmembers:
Wayne Moffai
David A. Harris
Gary Fawks
Scott F. Martin
City Manager:
Curtis E. Hawk
Assistant City Manager:
Shana K. Yelverton
City Secretary:
Sandra L. LeGrand
0
City of South -lake
Monday, November 10, 1997
Jim Giffin
3002 Briar Lane
Southlake, Texas 76092
Dear Mr. Giffin,
I send this letter in regard to your concerns submitted to Park Board
member Ronnie Kendall about the ballfields at Bicentennial Park.
As you know, at Bicentennial Park, the baseball and softball fields are
shared throughout the year with the Youth Sports Associations, Carroll
High School Varsity and by the Parks and Recreation programs. Upon
completion of the seasons for each user group, we administer heavy field
maintenance as the fields at Bicentennial Park are heavily used throughout
the year. Due to this heavy use, time must be set aside so that no one uses
the fields so grass may grow without being crushed by ball players. There
are backstops available to the public for pick-up games at Durham
Elementary, Koalaty Park, Carroll Middle School, Carroll Intermediate
School, Johnson Elementary and Florence Elementary. The Parks and
Recreation Department and Park Board realize there is a shortage of
backstops for practice and are working hard to provide backstops in other
parks and schools for pick-up games in the next year.
Currently, reservations for Bicentennial Park fields are taken at the
Bicentennial Park Community Center on a week to week basis only during
the months of August, September, October and November. Our staff is
maintaining a field schedule and the 24 hour message line that reflects
reservation availability. Also, for availability you may contact our
Recreation Supervisor Kathy Schaeffer at ext. 772.
As you know, gates to the fields are locked to avoid unauthorized use. If
you are the coach with one of the associations that we have a facility usage
agreement with, then the fields are available to you for designated practice
times. It is the responsibility of the association to have the fields unlocked
for teams during scheduled practices.
For the last two years during the season, all maintenance issues have
successfully been coordinated through the field managers of the
associations and our maintenance staff. In regard to your comment about
poor infield maintenance and drainage, we have not had any complaints
directed to this area from the youth associations that use our fields
regularly.
Currently, we have a limited maintenance staff of four (4) to maintain all of
our city parks. We have no staff available for regular weekend duty, which
is when we have major use of our park facilities. Cleanliness of restmonis
400 North White Chapel Avenue • Southlake, Texas 76092
(817) 481-5581 • FAX (817) 421-2175
AN EQUAL OPPORTUNITY EMPLOYER'
and trash pick-up on the weekends is a problem. But until we are funded
for weekend staff, we will continue to have problems in this area. We are
asking the associations to take a more active role in trash and restroonn
checks on the weekend.
Last Spring, the water fountain was inoperable for several weeks due to a
freeze breaking some parts that had to be back ordered before the repairs
could be made. We maintain a regular work order system to repair any
problems in the park in a timely manner. You may call our office at any
tinne to report a problem that you see and we will update you on the status
of its repair.
Pay phones were installed next to each concession stand in Bicentennial
Park in February 1997. The problem you mention about the drainage of the
water fountain at Adventure Alley is being addressed by our maintenance
staff this winter.
Please feel free to contact me if you should have any questions or
additional comments at 817/481.5581, ext. 756.
Sincerely,
Kim Lcnoir
Director of Parks and Recreation
cc: Curtis Hawk, City Manager
Kathy Schaeffer, Recreation Supervisor
Parks and Recreation Board
-1
s
City of Southlake, Texas
MEMORANDUM
December 10, 1997
TO: Shana Yelverton, Assistant City Manager
FROM: Billy Campbell, Director, Public Safety
SUBJECT: Fire at Solana Marriott
On the morning of December 9, 1997 at 0635, the Communications Center received a call from
the Solana Marriott Hotel. The caller advised the hotel had just received a telephone call stating a
bomb was in the hotel. Two engines, Medic 402 and two police officers were dispatched to the
call initially. Evacuation of the hotel began prior to Southlake DPS arrival. PSO Jeff Vogel was
one of the first DPS members to reach the scene.
By 0652 Grapevine and Trophy Club were responding as mutual aid. Sgt. Brown, making a
check of the fifth floor, discovered steam and water flow as he opened the fire door to the fifth
floor. Southlake DPS firefighters then made entry and discovered a small fire that had been
contained by the building fire sprinkler system. The fire was contained to a small trash cart. The
fifth floor had been undergoing remodeling so the cart was filled with old wall paper and
carpeting.
Because of the bomb threat coupled with the actual fire, the Fire Marshall accompanied by
members of the Arson Task Force and Northeast Explosives Response Team began an intensive
search of the entire building. Several members of ATF responded to assist also. Based on the
initial call of an explosive device, several members of the FBI domestic terrorism unit responded
also. As soon as a complete search of the building was completed all ancillary agencies with the
exception of one ATF special agent and one arson task force investigator were released.
Initial investigation concluded that the fire began in the trash dumpster and was set in two
separate places by open flame. No devices, timers or explosion occurred. When the fire reached
the proper temperature and height, the fire sprinkler directly overhead discharged, almost
immediately putting out the fire.
By the use of Maguire Partners Security, at the outer perimeter, police services personnel were
deployed at a minimum at or near the hotel itself.
Memo to Shana Yelverton
(40'� Fire at Solana Marriott
December 11, 1997
Page 2
Based on the investigation of the scene and good detailed observations of the initial responding
firefighters and officers, it has been determined that only two persons were in close proximity to
the fire when it began. Both of the individuals have been interviewed and are scheduled for
polygraph exams next week.
Obviously, activity in the city during the fire did not come to a halt. During the time personnel
were deployed at this scene we also responded to the following calls:
• (1) 911 Hang up
• (3) Burglar Alarms
• (1) Major Accident
• (1) Motorist Assist
• (2) Arrests relating from traffic stops
If ou have any questions, please do not hesitate to contact me.
i
BC/gg
r Nine Village Circle
Spite 500
Wesdake T% 76262
817 430-0303
817 430-8750 Fka
(0� December 10, 1997
MaguireFartners Chief Billy Campbell
City of Southlake
Department of Public Safety
667 N. Carroll Avenue
Southlake, Texas 76092
Dear Chief Campbell,
Thank you for the prompt, professional response to the incident. at the
Solana Marriott Hotel yesterday.
We are pleased that all turned out well and the event was minor in
nature. The speed in which your talented crew of firefighters and public
safety officials responded, and the organized manner in which they
efficiently and effectively conducted their business brings honor to the
City. of Southlake. The availability of top notch personnel, state of the art
equipment and training is a necessity to properly respond to emergency
situations, and it was clear that all factors were present as you and your
team conducted your business yesterday.
We are proud to be a part of Southlake and fortunate to have the best
municipal employees in North Texas.
Sincerely,
William H. Flaherty
Senior Vice President
cc: Mayor Rick Stacy -City of Southla e
Curtis Hawk -City of Southlake
Jim Smith -Marriott Solana Hotel
Tom Allen -Maguire Partners
�y
Drews Realty Group
(.�al Estate Investment
Development
November 29. 1997
Mr. Curtis Hawk
City Manager
City of Southlake
667 N. Carroll Avenue
Southlake, Texas 76092
Re: Southlake Police
Dear Curtis:
D T L f', IS '.
DEC 31997
I received a call at home Friday evening from a Southlake police officer (I unfortunately don't
remember his name) who was calling from our offices on Commerce to report they had found the
door open and wanted me to know so I could get the space secure.
What occurred after he told me of the problem deserves special recognition. I was surprised they
knew my home phone number and asked him how he knew. He said they had looked it up on my
secretary's rolodex. Needless to say, they did not have to make the extra effort to figure out how to
find me.
Next, he explained it looked like nothing was missing and asked if I wanted them to stay until I %vas
able to come over to lock the space. Once again, I really appreciated that offer which was beyond
what I would have expected.
Finally, he suggested I call the Police Department and give them emergency information. I planned
to do this Monday. Then, this morning while I was at the office another officer came in and asked
if I could give him our emergency information ... I didn't even have to wait until Monday.
Both of the officers were professional, courteous and, most important to me, sincerely interested in
1 in . The City is fortunate to have officers of such caliber and the citizens and businesses of
Southlake are fortunate to have a police department that is obviously dedicated to making Southlake
a safe place to live and do business.
0
380 Commerce Street, Suite 400 - Southlake, Texas 76092-9113 - Telephone: (817) 251-2258 - Metro: (817) 329-1684 - Fax: (817) 416-8418
Mr. Curtis Hawk
November 29, 1997
Page 2
Please pass these comments on to the appropriate people.
cc: Major Rick Stacy
A
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City of Southlake, Texas
MEMORANDUM
December 12, 1997
TO: Curtis E. Hawk, City Manager
- FROM: Kim Lenoir, Director of Parks and Recreation
SUBJECT: Authorization to bid ballfield lights for Bicentennial Park, fields #1 and #3
SPDC is considering this request Monday, December 15 and it is on the Tuesday, December 16
City Council agenda for City Council to consider SPDC's action.
Ballfield lights were budgeted this year by SPDC during the City budget process for FY 1997-
98. The replacement ballfield lights for Fields #1 and #3 are estimated to cost $45,000 and
$40,000 respectively. These are the only two fields remaining in Bicentennial Park that needed
the lighting upgraded. The bid will include new taller poles which will solve the glare problems
documented by Diamond Circle Estates Homeowners as well as the glare for those who enter the
park off of North White Chapel. The poles will also be relocated to provide quality lighting for
the players on the field. The light fixtures will match the standard fixture now available in
Bicentennial Park and all lights will be shielded to reduce spillover lighting into the
neighborhoods. Sport lighting engineers are assisting staff in preparing the specifications. As
you know, Field #1 is the joint -use CHS Girls Softball Field; therefore, our goal is to have the
new lighting installed in time for their season which begins in late February.
Please add to the City Council agenda authorization to bid ballfield lights for Bicentennial
Park, fields #1 and #3.
If you have any questions please contact me at 481-5581, extension 757 or Ben Henry at
extension 848.
KL
5A-1
City of Southlake, Texas
MEMORANDUM
December 12, 1997
TO: Curtis E. Hawk, City Manager
- FROM: Kim Lenoir, Director of Parks and Recreation
SUBJECT: Authorization to bid replacement fences for Bicentennial Park, Fields #4
and #5
SPDC is considering this request Monday, December 15 and it is on the Tuesday, December 16
City Council agenda for City Council to consider SPDC's action.
Replacement fences were budgeted this year by SPDC during the City budget process for FY
1997-98. The new fencing will replace the temporary fencing that was installed three (3) years
ago on Fields #4 and #5. These fields are t-ball and coach pitch fields. The quality grade of the
fencing will be brought up to the standard found on all other fields at Bicentennial Park. These
two fields are the only fences which need to be upgraded in Bicentennial Park. Our goal is to
have the fencing completed in time for the spring baseball season which begins in March.
Please add to the City Council agenda authorization to bid replacement fences for
Bicentennial Park, Fields #4 and #5.
If you have any questions please contact me at 481-5581, extension 757 or Ben Henry at
extension 848.
KL
L
5B-1
City of Southlake, Texas
MEMORANDUM
December 12, 1997
TO: Curtis E. Hawk, City Manager
- FROM: Kim Lenoir, Director of Parks and Recreation
SUBJECT: Authorization to bid the fence at the Bicentennial Park water tower
As you may recall, when Sprint and PCS were allowed to locate at the elevated water tower at
Bicentennial Park, they agreed to participate in the cost to build a brick fence and landscaping
around the water tower property adjacent to Bicentennial Park through their lease agreements
with the City. The staff is now prepared to bid a brick fence design. Attached is the conceptual
drawing of the fence around the ground storage tank and the Sprint facility. The elevated storage
tower, PCS and Nextel facilities are self -secured and do not require fencing. Landscaping
expenses will be less than the state law bidding requirements ($15,000). The staff expects the
total cost of this project to be funded by Sprint, PCS and Nextel. The estimated cost of the fence
is $21,000.
Please add to the City Council agenda authorization to bid the fence at the Bicentennial Park
water tower.
If you have any questions please contact me at 481-5581, extension 757 or Ben Henry at
extension 848.
KL
5C-1
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City of Southlake, Texas
MEMORANDUM
December 12, 1997
TO: Curtis E. Hawk, City Manager
- FROM: Kim Lenoir, Director of Parks and Recreation
SUBJECT: Award of bid for parking lot paving at Bob Jones Park
SPDC is considering this request Monday, December 15 and it is on the Tuesday, December 16
City Council agenda for City Council to consider SPDC's action.
On Wednesday, December 10, bids for the paving of the parking lots at Bob Jones Park were
opened. The engineers estimated the cost to be $363,000. SPDC had budgeted $300,000.
Twelve (12) qualified bids were received (bid tabulation attached). The bids have been reviewed
and references checked. Staff recommends the low bid from J.L. Bertram Construction and
Engineering, Inc. at $248,970.34. This price includes a four inch (4") asphalt base with concrete
curbing as recommended by SPDC.
Please add to the City Council agenda award of bid for parking lot paving at Bob Jones
Park.
If you have any questions please contact me at 481-5581, extension 757 or Ben Henry at
extension 848.
KL
Attached: Bid Tabulation
5D-1
CHEATHAM
AND
ASSOCIATES
December 11, 1997
Ms. Kim Lenoir
Director of Parks and Recreation
City of Southlake
667 N. Carroll Avenue
Southlake, Texas 76092
Re: City of Southlake
Proposed Park Improvements
Bob Jones Park - Phase 1B
Parking Lot Paving Improvements
Engineer's Project No. 001-938
Dear Ms. Lenoir:
We transmit herewith for your use and records, the detailed tabulation of bids received on
December 10, 1997 covering the referenced park improvements project.
Bids for the parking lot paving improvements were received from twelve (12) construction firms
as follows:
Order
of Bid Bidder & Location Bid Amount
1. J.L. Bertram Const. & Eng. $248,970.34
Arlington, Texas
2. Austin Bridge & Road $256,666.00
Dallas, Texas
3. Reynolds Asphalt & Const. $260,917.40
Euless, Texas
4. Sunmount Corporation $268,697.75
Roanoke, Texas
5. JRJ Paving, Inc. $269,691.13
Dallas, Texas
6. Sutton & Associates, Inc. $272,987.35
Keller, Texas
7. Branch & Sons Contractors $287,145.71
Midlothian, Texas
ENGINEERS • PLANNERS • SURVEYORS
A Subsidiary Firm of Southwest Planning and Design, Inc.
1601 E. Lamar Blvd. • Suite 200 • Arlington, Texas 76011
817/548-0696 • Metro 265-8836 • Fax 817/265-8532
Ms. Kim Lenoir
Director of Parks & Recreation
8. All -Tex Paving, Inc. $295,712.10
Dallas, Texas
9. Iowa Bridge & Culvert, Inc. $299,675.10
Saginaw, Texas
10. APAC-Texas, Inc. $324,398.20
Fort Worth, Texas
11. James B. Arnold Const. $352,869.40
Southlake, Texas
12. Randall & Blake, Inc. $383,834.25
Southlake, Texas
December 11, 1997
Page 2
As evidenced above, adequate competition was achieved for the bidding process and
additionally, the lowest bid is well within the City's allocation of funds for this phase of the
work.
The Bertram Construction firm (low bidder) has maintained a satisfactory work relationship in
the area, including the City of Southlake, and in view of the above, it is our considered
recommendation that the construction contract for the referenced paving improvements project
be awarded to the firm of J.L. Bertram Construction & Engineering, Inc., of Arlington, Texas for
the lowest Base Bid amount of $248,970.34.
Should you require anything further from us in this matter, please advise.
Sincerely,
Eddie Cheatham, P.E.
F:\WORD\SOLYrHLAK\603\Lenoir.bidtab.wpd
Enclosure 12 copies of bid tabulation
cc w/Enc. Ben Henry, City of Southlake
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City of Southlake, Texas
MEMORANDUM
December 12, 1997
TO: Curtis E. Hawk, City Manager
FROM: Kim Lenoir, Director of Parks and Recreation
SUBJECT: Award of bid for fence construction at Bob Jones Park
SPDC is considering this request Monday, December 15 and it is on the Tuesday, December 16
City Council agenda for City Council to consider SPDC's action.
On Wednesday, December 10, bids for the pipe rail fence at Bob Jones Park were opened. Staff
estimated the cost to be $38,750.
Six (6) bids were received (bid tabulation attached). The bids have been reviewed and references
checked. The low bidder, Custom Fence Company at $27,765, cannot demonstrate experience in
building this type of fence. Their main business is chainlink fencing and they have done one low
to the ground single pipe fence for Coppell School District. The specifications ask for bidders to
demonstrate 3 to 5 years experience in constructing the fence specified. Therefore staff is
recommending the second lowest bidder, Ratliff Iron Works, at $36,625. This bid includes a
four foot (4') height pipe rail fence as recommended at the last SPDC meeting. The gates will be
addressed with a change order at a later date. On December 8 the Park Board recommended
painting the fence black. The SPDC deferred this decision to the Park Board.
Please add to the City Council agenda award of bid for fence construction at Bob Jones
Park.
If you have any questions please contact me at 481-5581, extension 757 or Ben Henry at
extension 848.
Attached: Bid Tabulation
N
5E-1
im
04
MEMORANDUM
December 10, 1997
TO: Kim Lenoir, Director of Parks and Recreation
- FROM: Ben Henry, Park Planning and Construction Superintendent
SUBJECT: Bob Jones Park - Phase I-b, Pipe Rail Fence Bid Tabulations
Tabulation of bids as received on December 10, 1997 from six (6) construction companies.
Order of Bid is from lowest to highest.
Order of Bid Bidder & Location Bid Amount
1. Custom Fence Company $ 27,765.00
Burleson, Texas
2. Ratliff Iron Works $ 36,625.00
Colleyville, Texas
3. Rambo Contracting $ 45,000.00
Alvarado, Texas
4. Custom Services $ 46,012.50
Oakleaf, Texas
5. Apache Steel Fabricators $ 70,165.99
Justin, Texas
6. Southwest Handrail Fabricators $ 74,478.00
Azle, Texas
Bid Amounts do not reflect security gates, only a 4-foot painted pipe rail fence.
Contractor / Bid Item No. 1 Fence Option Item No. 2 Gate Alternate
(Base 2,250 l.f.) (Base Fence) (Alt. No. 2, 3) (Paint) (Alt. No. 1)
1.) Custom Fence Co.
$ 27,765.00
$ 21,577.50
$ 20,205.00
$ 6,187.50
Consider
2.) Ratliff Iron Works
$ 36,625.00
$ 32,625.00
$ 30,937.50
$ 4,000.00
Consider
3.) Rambo Contracting
$ 45,000.00
$ 41,625.00
$ 39,937.50 *
$ 3,375.00
Consider
4.) Custom Services
$ 46,012.50
$ 39,600.00
$ 37,305.00
$ 6,412.50
Consider
5.) Apache Steel Fab.
$ 70,165.99
$ 65,166.00
$ 62,456.00 *
$ 4,999.99
Consider
6.) Southwest Handrail Fab.
$ 74,478.00
$ 67,778.00
$ 64,128.00
$ 6,700.00
Consider
* Denotes a degree of error
T PER 2 2 UNIT COS 50 LY
Contractor No. l . 2. 3. 4. 5. 6.
Item No. 1
$ 9.59
$ 14.50
$ 18.50
$ 17.60
$ 28.96
$ 30.12
(Base 4-foot fence)
Item No. 2
$ 2.75
$ 1.78
$ 1.50
$ 2.85
$ 2.22
$ 2.98
(Painting )
Alternate No. I
To Be
Considered
(Gates)
Alternate No. 2
$ 1.06
$ 0.75
$ 0.55
$ 1.60
$ 1.20
$ 2.00
(Delete Cable)
Alternate No. 3
$ 0.45
$ 0.00
$ 0.75
$ 0.58
$ *
$ 0.38
(Add Panel Height)
City of Southlake, Texas
MEMORANDUM
December 12, 1997
TO: Curtis E. Hawk, City Manager
- FROM: Kim Lenoir, Director of Parks and Recreation
SUBJECT: Authorize the City Manager to execute the Professional services contract
amendment with Cheatham and Associates for Bob Jones Park Phase I,
Part B - Grant Project
SPDC is considering this request Monday, December 15 and it is on the Tuesday, December 16
City Council agenda for City Council to consider SPDC's action.
SPDC needs to expand the scope of services with Cheatham and Associates to provide
engineering, surveying, landscape architecture and architecture for the Bob Jones Park grant
supported items. The grant/SPDC budget for FY 1997-98 is $534,250.
Amendment No. 2 is requesting $100,500 for professional services needed for the grant items
budgeted.
To clarify the professional services contract process on this project, SPDC has approved the
following:
Original Contract: Surveying, grading of 50 acres of city land; not to exceed $58,000
Amendment No. 1: Construction plans for parking lots/14 soccer fields sod and irrigation; not
to exceed $134,000
Amendment No. 2: Surveying, grading, construction plans for grant items; not to exceed
$ 100,500
The total construction budget estimate for Bob Jones Park Phase I - Part A & B equals
$1,767,985. Professional fees total $292,500 which is 6% of construction costs, well within the
industry standard. Staff recommends approval of Amendment No. 2.
Please add to the City Council agenda to authorize the City Manager to execute the
professional services contract amendment with Cheatham and Associates for Bob Jones
Park Phase I, Part B, Grant Project.
If you have any questions please contact me at 481-5581, extension 757.
KL
5F-1
CHEATHAM
AND
ASSOCIATES
December 10, 1997
- Ms. Kim Lenoir
Director of Parks & Recreation
City of Southlake
667 N. Carroll Ave.
Southlake, TX 76092
Re: Amendment No. 2 to Proposal for
Engineering Services Regarding
Proposed Improvements at Bob Jones Park
As you are aware, Cheatham and Associates has recently prepared a grading plan and parking lot
plans for the proposed improvements at Bob Jones Park. Our proposal dated March 17, 1997 and
amendment No. 1 dated June 2, 1997 pertained to these phases of the project.
The next step in our design process. will be to prepare construction plans and contract documents
for the pavilion, picnic tables/grills. hike & bike trail, fishing dock foundation, additional
ballfield practice fields, playground. and landscaping and irrigation for the existing soccer fields.
Additional surveying will be required to facilitate the remainder of the proposed design
mentioned above.
The proposed scope of work will be performed by three (3) firms: Lauren Griffith Associates,
Ron Hobbs Architects and Cheatham & Associates.
Each firm's scope of work will be as follows:
Lauren Griffith Associates
• Schematic design of the proposed improvements
• Landscape and irrigation of soccer fields/berm
• Picnic tables and grills
• Hike and bike trail - layout and grading plan
• Fishing dock foundation
• Practice fields - layout, planting, irrigation plans
• Playground design/layout
Ron Hobbs Architects
Pavilion layout and design
ENGINEERS • PLANNERS • SURVEYORS
A Subsidiary Firm of Southwest Planning and Design, Inc.
1601 E. Lamar Blvd. • Suite 200 • Arlington, Texas 76011
817/548-0696 • Metro 265-8836 • Fax 817/265-8532
Ms. Kim Lenoir
City of Southlake
Cheatham & Associates
December 10, 1997
Page 2
• Surveying of the park site including aerial topographic and aerial photos
indicating tree cover.
• Grading plan for the practice ballfields, playground, and pavilion.
• Coordination with the entire design team including meeting with the city staff to
present proposed design efforts.
• Attending any meetings necessary to present plans to city council, and park
committees.
We hereby propose that our proposal dated March 17, 1997 be amended to add the remaining
work listed above, to the original proposal.
Fees:
The three (3) consultants shall be compensated for their services described above by a lump sum
fee as follows:
Lauren Griffith Associates -
$63,000.00 (includes for structural engineer $5, 000.00)
Ron Hobbs Architect -
$8,000.00
Cheatham & Associates -
$29,500.00
All remaining terms, scope of services and other conditions of our March 17 proposal shall be
applicable to the remaining work to be performed.
If this amendment to our proposal meets with your approval, please indicate by signing in the
space provided below. Please do not hesitate to call should you have any questions. The
opportunity to be of service to you and the City of Southlake is greatly appreciated.
Respectfully,
Eddie Cheatham, P.E.
F:\WORD\PROPOSAL\SOUTHLAK\Bob Jones.Amend.wpd
ELC'atw
Authorization to Proceed:
Accepted this Day of
By:
Title:
1997
City of Southlake, Texas
MEMORANDUM
cm
December 12, 1997
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Authorize the City Manager to Enter into a Professional Services
Agreement with Cheatham and Associates for the Design of Sewer
System Improvements Consisting of an Extension of Sewer from
Crossroads Square to the Lake Crest Sewer Extension
BACKGROUND
The City budgeted $125,000.00 in the CIP budget to construct a sanitary sewer line
from the existing lift station at Crossroads Square to the existing sewer line at the end
of Caddo Lake Drive in the Lake Crest Addition. Recently, with the participation of
the Shady Oaks Retail Center developers, a portion of the aforementioned line was
constructed. This portion of the sanitary sewer line was from the end of Caddo Lake
Drive extending northward across F.M. 1709. This proposal is for the design of a
sewer line from the existing lift station in Crossroads Square to the previously described
sanitary sewer line that was recently completed.
Of the total $125,000.00 budgeted for this project, $66,500.00 was estimated to
construct the portion of the sewer line in which the Shady Oaks Retail Center developer
participated. Therefore, the remaining $58,500.00 is allocated to construct the
remaining portion of the project. This project also includes the abandonment of the lift
station located at the Northwest Bank Site.
Cheatham and Associates' proposal includes the surveying, engineering, easement
acquisition, and inspection of the project. The total fees provided in the proposal are
$8,275.00.
RECOMMENDATION
Staff recommends that Council authorize the City Manager to enter into a professional
services agreement with Cheatham and Associates for the design of sewer system
improvements consisting of an extension of sewer from Crossroads Square to the Lake
Crest sewer extension. Please place this item on the December 16, 1997 Regular City
Council Agenda P
r City Council review and consideration.
CRE
Attachment: Proposed Agreement
Map of Proposed Improvements
5G-1
CHEATHAM
AND
ASSOCIATES
December 4, 1997
Mr. Robert Whitehead, P.E.
Director of Public Works
City of Southlake
667 N. Carroll Ave.
Southlake, TX 76092
Re: Proposal for Providing Professional
Services in Connection with the
Design of Sewer System Improvements
Consisting of an Extension of Sewer
from Cross -Roads Square to the
Lake Crest Sewer Extension
CONSULTANT'S UNDERSTANDING
Currently the Cross -Roads Square vicinity is being served with sanitary sewer by a lift station at
�..- the Northwest Bank site.
Recently, a sewer line was extended from the Lake Crest Addition from the south, under
Southlake Blvd., and stubbed at a manhole approximately 1200 feet west of the existing lift
station.
The proposed project will connect the sewer with a gravity line from the existing lift station to
the Lake Crest sewer extension. Thus, the lift station and existing force main will be abandoned.
The project will include the surveying, design, bidding and contract administration of the
proposed construction.
SCOPE OF SERVICES
1.0 Surveying
1.1 Our firm will furnish all necessary surveying field and office work necessary to
perform the engineering design and to prepare construction plans.
1.2 We will also furnish all construction staking.
1.3 Surveying for easement preparation, if required, will also be furnished. (See Item
3.2)
ENGINEERS • PLANNERS • SURVEYORS
A Subsidiary Firm of SoLSG_2 st Planning and Design, Inc.
1601 E. Lamar Blvd. • SL. -00 • Arlington, Texas 76011
817/548-0696 • Metro 265-8836 • Fax 817/265-8532
Mr. Robert Whitehead, P.E.
�-- City of Southlake
2.0 Engineering
December 4, 1997
Page 2
2.1 Our firm will furnish all necessary technical expertise required to accomplish the
engineering design of the sewer line. The design will be in accordance with
applicable state and local regulations.
2.2 Our firm will then prepare construction plans, specifications and contract
documents based on the engineering design.
2.3 We will assist in the advertising for and taking of construction bids. We will
issue any required addendums. Our firm will assist in the processing of contract
documents after contract award and will issue notice -to -proceed.
2.4 Periodic on -site visits by an engineer will take place during construction. We will
issue and process any required change orders.
2.5 We will provide assistance in conducting the final inspection and issuance of
certificate of completion.
3.0 Easements (if required)
3.1 Our firm will conduct the search for deeds and conduct other research at the
Tarrant County Courthouse necessary for the preparation of the required
easements.
3.2 We will then prepare the legal (metes & bounds) descriptions of the easements
with computer plotting. This work element also includes the surveying work
necessary to prepare easements and to tie easements to the base line(s).
3.3 This element includes preparation of the final written easement document and of
the accompanying drawing.
3.4 This proposal does not contemplate our firm providing assistance in acquiring
property owner's signatures, nor participating in any condemnation proceedings
without additional compensation.
4.0 Inspection
4.1 We will not furnish full-time on -site construction inspection, but will make
periodic visits to the site, and will be available for plan interpretations.
FEES
We will provide all the services and products described in the scope of services including all
services necessary for engineering surveying, engineering, preparation of construction plans and
specifications, preparation of construction cost estimates, contract administration, construction
staking and periodic visits during construction, and as -built plans for a flat feet of $5,725.00 for
engineering, $2,550.00 for surveying, including design surveys and construction staking, and
$1,250.00 for the preparation of easements. (See attachment "A" for cost breakdown.)
5G-3
Mr. Robert Whitehead, P.E.
City of Southlake
TERMS
December 4, 1997
Page 3
Invoicing will be based on percentage of completion. Billing will normally occur around the first
of each month and payment expected within ten working days.
GUARANTEE
Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date
of this proposal unchanged.
If the above meets with your approval, this proposal can also serve as our agreement, which you
may indicate by signing in the space provided below. Please do not hesitate to call should you
have any questions or requested modifications of the proposal. The opportunity to be of service
to you and the City of Southlake is greatly appreciated.
Respectfully,
Eddie Cheatham. P.E.
f:\WORD\PROPOSAL\SOUTHLAK\Crossroads.Square.wpd
AUTHORIZATION TO PROCEED:
Accepted this
LISM
Title:
day of
5G-4
, 1997
ATTACHMENT "A"
ENGINEERNG/SURVEYNG FEE CALCULATION:
PRELIMINARY DESIGN PHASE:
Field Crew $ 75.00 x 12 hrs....... $ 900.00
Staff Engineer $ 75.00 x 15 hrs..... $ 1,125.00
Cad Technician $ 55.00 x 8 hrs...... $ 440.00
SUB -TOTAL ....... $ 2,465.00
FINAL DESIGN PHASE:
Staff Engineer $ 75.00 x 24 hrs...... $ 1,800.00
Cad Technician $ 55.00 x 32 hrs...... $ 1,760.00
SUB -TOTAL ....... $ 3,560.00
CONSTRUCTION PHASE:
Field Crew $75.00 x 22 hrs...... $ 1,650.00
Staff Engineer $ 75.00 x 8 hrs........ $ 600.00
SUB -TOTAL ......... $ 2,250.00
TOTAL SURVEYING ......................................... $ 2,550.00
TOTAL ENGNEERNG....................................... $ 5,725.00
TOTAL FEE ......................................... S 8,275.00
5G-5
i
. f
. , ,' ► •
� ' 1
'i Mill.�uthla
City of Southlake, Texas
MEMORANDUM
December 12, 1997
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Authorize the City Manager to Enter into a Professional Services
Agreement with Cheatham and Associates for the Design of Water
System Improvements Consisting of an Extension of a Water Line
from Crooked Lane to Heritage Business Park
BACKGROUND
A 12-inch water line has been proposed to extend from Continental Blvd. and Crooked
Lane to Heritage Business Park. The water line is necessary to provide proper fire
flow to the development due to the amount of construction taking place in Commerce
Business Park and the new industrial areas. The line will be connected to existing
water lines from Commerce Business Park, forming a loop and providing redundancy
to ensure continuous water service in case of a line break.
The FY 1997-98 CIP budget provides $162,000.00 for this project. The current
proposal provides for the surveying, design, bidding and contract administration to
prepare for construction. The cost of this proposal totals $13,535.00.
RECOMMENDATION
Staff recommends that Council authorize the City Manager to enter into a professional
services agreement with Cheatham and Associates for the design of water system
improvements consisting of an extension of a water line from Crooked Lane to Heritage
Business Park. Please place this item on the December 16, 1997 Regular City Council
Agenda for City Council review and consideration.
Attachment: Professional Services Agreement
Map Exhibit
5H-1
CHEATHAM
AND
ASSOCIATES
December 4, 1997
Mr. Robert Whitehead, P.E.
Director of Public Works
City of Southlake
667 N. Carroll Ave.
Southlake, TX 76092
Re: Proposal for Providing Professional
Services in Connection with the
Design of Water System Improvements
Consisting of an Extension of Water Line
from Crooked Lane Heritage Business Park
CONSULTANT'S UNDERSTANDING
Due to the recent activity in the Heritage Business Park, additional water service to this area is
required. A looped system will provide considerable better fire protection and boost the water
pressure.
The proposed project will consist of a 12" water line extension from Crooked Lane East to the
Heritage Business Park.
The project will include the surveying, design, bidding and contract administration of the
proposed construction.
SCOPE OF SERVICES
1.0 Surveying
1.1 Our firm will furnish all necessary surveying field and office work necessary to
perform the engineering design and to prepare construction plans.
1.2 We will also furnish all construction staking.
1.3 Surveying for easement preparation, if required, will also be furnished. (See Item
3.2)
2.0 Engineering
2.1 Our firm will furnish all necessary technical expertise required to accomplish the
engineering design of the sewer line. The design will be in accordance with
applicable state and local regulations.
ENGINEERS • PLANNERS • SURVEYORS
A Subsidiary Firm of Sc 5H-2 -st Planning and Design, Inc.
1601 E. Lamar Blvd. • Suite 200 • Arlington, Texas 76011
817/548-0696 • Metro 265-8836 • Fax 817/265-8532
Mr. Robert Whitehead P.E. December 4, 1997
City of Southlake Page 2
2.2 Our firm will then prepare construction plans, specifications and contract
documents based on the engineering design.
2.3 We will assist in the advertising for and taking of construction bids. We will
issue any required addendums. Our firm will assist in the processing of contract
documents after contract award and will issue notice -to -proceed.
2.4 Periodic on -site visits by an engineer will take place during construction. We will
issue and process any required change orders.
2.5 We will provide assistance in conducting the final inspection and issuance of
certificate of completion.
3.0 Easements (if required)
3.1 Our firm will conduct the search for deeds and conduct other research at the
Tarrant County Courthouse necessary for the preparation of the required
easements.
3.2 We will then prepare the legal (metes & bounds) descriptions of the easements
with computer plotting. This work element also includes the surveying work
necessary to prepare easements and to tie easements to the base line(s).
3.3 This element includes preparation of the final written easement document and of
the accompanying drawing.
3.4 This proposal does not contemplate our firm providing assistance in acquiring
property owner's signatures, nor participating in any condemnation proceedings
without additional compensation.
4.0 Inspection
4.1 We will not furnish full-time on -site construction inspection, but will make
periodic visits to the site, and will be available for plan interpretations.
FEES
We will provide all the services and products described in the scope of services including all
services necessary for engineering surveying, engineering, preparation of construction plans and
specifications, preparation of construction cost estimates, contract administration, construction
staking and periodic visits during construction, and as -built plans for a flat feet of $9,485.00 for
engineering, $4,050.00 for surveying, including design surveys and construction staking. It is
assumed that the water line will be constructed within city street right-of-way, and no private
easements will be required. If easements are necessary, they will be provided at an additional fee
to be agreed to by the city. (See attachment `'A" for cost breakdown.)
TERMS
Invoicing will be based on percentage of completion. Billing will normally occur around the first
of each month and payment expected within ten working days.
5H-3
Mr. Robert Whitehead P.E.
City of Southlake
GUARANTEE
December 4, 1997
Page 3
Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date
of this proposal unchanged.
If the above meets with your approval, this proposal can also serve as our agreement, which you
rm
may indicate by signing in the space provided below. Please do not hesitate to call should you
have any questions or requested modifications of the proposal. The opportunity to be of service
to you and the City of Southlake is greatly appreciated.
Respectfully,
Eddie Cheatham, P.E.
F:IWORD\PROPOSAL\SOUTHLAK\Crooked Lane.wpd
AUTHORIZATION TO PROCEED:
Accepted this
51-12
Title:
day of
5H-4
, 1997
ATTACHMENT "A"
ENGINEERING/SURVEYING FEE CALCULATION:
PRELIMINARY DESIGN PHASE:
Field Crew $ 75.00 x 24 hrs...... $ 1,800.00
Staff Engineer $ 75.00 x 16 hrs..... $ 1,200.00
Cad Technician $ 55.00 x 28 hrs..... $ 1,540.00
SUB -TOTAL ....... $ 4,540.00
FINAL DESIGN PHASE:
Staff Engineer $ 75.00 x 33 hrs...... $ 2,475.00
Cad Technician $ 55.00 x 64 hrs...... $ 3,520.00
SUB -TOTAL ....... $ 5,995.00
CONSTRUCTION PHASE:
Field Crew $75.00 x 30 hrs...... $ 2,250.00
Staff Engineer $ 75.00 x 10 hrs....... $ 750.00
SUB -TOTAL ......... $ 3,000.00
TOTAL SURVEYING ......................................... $ 4,050.00
TOTAL ENGINEERING ..................................• .... $ 9,485.00
F
TOTAL FEE ........................................ $ 13,535.00
FBI
City of Southlake
Proposed Water Line Extension
to Heritage Business Park
DISCLAIMER
This data has been compiled for The
City of Southlake. Various official
and unofficial sources were used to
gather this information. Every effort
was made to ensure the accuracy of
this data, however, no guarantee is
given or implied as to the accuracy
of said data.
Legend
5 H-6
Right of Way
Water Line
No Scale
Public Works - GIS
City of Southlake, Texas
MEMORANDUM
December 12, 1997
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Authorize the City Manager to Enter into a Professional Services
Agreement with Cheatham and Associates for the Design of Water
System Improvements Consisting of Relocation of the 18-inch Water
Line Along the North Side of Dove Street at S.H. 114
BACKGROUND
As part of the state's proposed project to widen S.H. 114, the City has agreed to
relocate utilities that exist within the ROW. To prepare for construction of the Dove
Street Interchange an 18-inch water must be relocated to avoid excavation.
This proposal is for the engineering and design of the relocation. The project includes
the surveying, design, bidding, and contracting of the project. The proposed fee for
this project is $22,425.00.
This will begin the first phase of utility relocations for the proposed widening of S.H.
114. A total of $269,600.00 has been allocated in the FY 1997-98 CIP budget for
utility relocations necessary to prepare for the S.H. 114 project.
RECOMMENDATION
Staff recommends that City Council authorize the City Manager to enter into a
professional services agreement with Cheatham and Associates for the design of water
system improvements consisting of relocation of the 18-inch water line along the north
side of Dove St. at S.H. 114. Please place this item on the December 16, 1997 Regular
City Council Agenda for City Council review and consideration.
Attachment: Professional Services Agreement
51-1
CHEATHAM
AND
ASSOCIATES
December 4, 1997
Mr. Robert Whitehead, P.E.
Director of Public Works
City of Southlake
667 N. Carroll Ave.
Southlake, TX 76092
Re: Proposal for Providing Professional
Services in Connection with the Design of
Water System Improvements Consisting
of Relocation of the 18" Water Line along
the North Side of Dove Road at S.H. 114
CONSULTANT'S UNDERSTANDING
As you are aware, the Highway Department is proposing a grade separation interchange at S.H.
114 and Dove Road.
Upon a review of the proposed bridge and approach roadways, it is evident that the city's
existing 18" water line will be in conflict with the excavation which will take place.
Therefore, approximately 1200 ft. of the existing 18" water line will be required to be lowered
and relocated. This will require very close coordination with the Highway Department. It will
be necessary to bore and encase the existing traffic lanes, and encase the remainder of line within
the State right-of-way with steel casing.
The project will include the surveying, design, bidding and contract administration of the
proposed construction.
SCOPE OF SERVICES
1.0 Surveying
1.1 Our firm will furnish all necessary surveying field and office work necessary to
perform the engineering design and to prepare construction plans.
1.2 We will also furnish all construction staking.
1.3 Surveying for easement preparation, if required, will also be furnished. (See Item
3.2)
ENGINEERS • PLANNERS • SURVEYORS
A Subsidiary Firm of South 51_2'lanning and Design, Inc.
1601 E. Lamar Blvd. • Suite • Arlington, Texas 76011
817/548-0696 • Metro 265-8836 • Fax 817/265-8532
Mr. Robert Whitehead, P.E.
City of Southlake
2.0 Engineering
December 4, 1997
Page 2
2.1 Our firm will furnish all necessary technical expertise required to accomplish the
engineering design of the sewer line. The design will be in accordance with
applicable state and local regulations.
2.2 Our firm will then prepare construction plans, specifications and contract
documents based on the engineering design.
2.3 We will assist in the advertising for and taking of construction bids. We will
issue any required addendums. Our firm will assist in the processing of contract
documents after contract award and will issue notice -to -proceed.
2.4 Periodic on -site visits by an engineer will take place during construction. We will
issue and process any required change orders.
2.5 We will provide assistance in conducting the final inspection and issuance of
certificate of completion.
3.0 Easements (if required)
3.1 Our firm will conduct the search for deeds and conduct other research at the
Tarrant County Courthouse necessary for the preparation of the required
easements.
3.2 We will then prepare, the legal (metes & bounds) descriptions of the easements
with computer plotting. This work element also includes the surveying work
necessary to prepare easements and to tie easements to the base line(s).
3.3 This element includes preparation of the final written easement document and of
the accompanying drawing.
3.4 This proposal does not contemplate our firm providing assistance in acquiring
property owner's signatures, nor participating in any condemnation proceedings
without additional compensation.
4.0 Inspection
4.1 We will not furnish full-time on -site construction inspection, but will make
periodic visits to the site, and will be available for plan interpretations.
FEES
We will provide all the services and products described in the scope of services including all
services necessary for engineering surveying, engineering, preparation of construction plans and
specifications, preparation of construction cost estimates, contract administration, construction
staking and periodic visits during construction, and as -built plans for a flat feet of $17,625.00 for
engineering, $4,800.00 for surveying, including design surveys and construction staking. (See
attachment "A" for cost breakdown.)
51-3
Mr. Robert Whitehead, P.E.
City of Southlake
TERIMS
December 4, 1997
Page 3
Invoicing will be based on percentage of completion. Billing will normally occur around the first
of each month and payment expected within ten working days.
GUARANTEE
Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date
of this proposal unchanged.
If the above meets with your approval, this proposal can also serve as our agreement, which you
may indicate by signing in the space provided below. Please do not hesitate to call should you
have any questions or requested modifications of the proposal. The opportunity to be of service
to you and the City of Southlake is greatly appreciated.
Respectfully,
C
Eddie Cheatham, P.E.
FAWORMPROPOSAUSOUTHLAK\Water line relocation.wpd
AUTHORIZATION TO PROCEED:
Accepted this
Title:
day of
51-4
, 1997
L
ATTACHMENT "A"
ENGNEERING/SURVEYNG FEE CALCULATION:
PRELIMNARY DESIGN PHASE:
Field Crew $ 75.00 x 32 hrs...... $ 2,400.00
Staff Engineer $ 75.00 x 48 hrs..... $ 3,600.00
Cad Technician $ 55.00 x 40 hrs..... $ 2,200.00
SUB -TOTAL ....... $ 8,200.00
FINAL DESIGN PHASE:
Staff Engineer
Cad Technician
CONSTRUCTION PHASE:
Field Crew
Staff Engineer
$ 75.00 x 75 hrs...... $ 5,625.00
$ 55.00 x 80 hrs...... $ 4,400.00
SUB -TOTAL ...... $ 10,025.00
$75.00 x 32 hrs...... $ 2,400.00
$ 75.00 x 24 hrs...... $ 1,800.00
SUB -TOTAL ......... $ 4,200.00
TOTAL SURVEYING ......................................... $ 4,800.00
TOTAL ENGINEERING ...................................... $ 17,625.00
TOTAL FEE ........................................ S 22,425.00
I
City of Southlake, Texas
MEMORANDUM
December 12, 1997
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Award of Bid for the Installation of Sanitary Sewer in Mission Hill
Estates Subdivision
BACKGROUND
Mission Hill Estates is scheduled to receive sanitary sewer service as part of the
neighborhood sewer program. Plans have been finalized and all necessary easements
have been acquired.
Bid advertisement was published November 23 and 30, 1997. Bids were publicly
opened and read aloud on December 10, 1997. Low bidder for this project is Mid -
State Utilities with a base bid amount of $351,774.20, plus an alternate of $15,840.00,
which is the additional amount to include a "flowable base."
BID TABULATION
Attached is the bid tabulation prepared by Cheatham and Associates.
FUNDING/FISCAL IMPACT
Funding is provided in the FY 1996-97 CIP budget in the amount of $368,000.00. The
maximum total of this bid proposal is $367,614.20.
RECOMMENDATION
Staff recommends that Council award the bid for the installation of sanitary sewer in
Mission Hill Estates subdivision to Mid -State Utilities in the amount of $367,614.20.
Based upon the experience with ground water that the contractor experienced in the
Diamond Circle Estates sewer project, staff is recommending that the alternative be
included in this bid. If conditions do not require the use of the alternative backfill, it
will not be utilized. Please place this item on the December 16, 1997 Regular City
Council Agenda for City Council review and consideration.
CRE
Attachments: Letter from Robert Rowly of Cheatham and Associates
Bid Tabulation
Subdivision Plat 5J_1
CHEATHAM
AND
(4w ASSOCIATES
December 10, 1997
Honorable Mayor & City Council
Cim, of Southlake
667 N. Carroll Avenue
Southlake, TX 76092
Re: Project No. 001-430 MH
City of Southlake
Sanitary Sewer Service to Mission Hill Estates
As advertised, bids for the referenced project were received, opened and read publicly at 10:00
o'clock A.M., December 10, 1997. The low bidder for this project is:
Mid State Utilities
P.O. Box 1160
Waco, TX 76703-1160
We have checked the proposal and find it to be in order. Therefore, we recommend award of the
contract, on the basis of using the alternate of fast -fix flow base, to Mid State Utilities in the amount
of $367,614.20. We enclose a bid tabulation for your use.
If we may be of further service in this matter, please advise.
Respectfully,
/0--A.'ro 44-
Robert D. Rowley, P.E.
F WnRD SO1;"rFILAK 430'Mission.Hills Recommend,award.«pd
Enclosure: Bid Tabulation
cc: Bob Whitehead
Shawn Poe
ENGINEERS • PLANNERS • SURVEYORS
A Subsidiary Firm of SouthwPet planning and Design, Inc.
1601 E. Lamar Blvd. • Suit 5J_2 Arlington, Texas 76011
817/548-0696 • Metro 265-8836 • Fax 817/265-8532
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City of Southlake, Texas
TO:
FROM
MEMORANDUM
December 12, 1997
Curtis E. Hawk, City Manager
Bob Whitehead, Director of Public Works
SUBJECT: Award of Bid for Water and Sewer Improvements in the Shady
Lane/Raintree Area
BACKGROUND
As part of the neighborhood sewer program, the Shady Lane Area is scheduled to
receive sanitary sewer; the area will also receive water and street improvements. This
proposed project has expanded to include residents north of Jones Branch Creek and
construct the ultimate culvert under Shady Ln. The water improvements consist of
replacing the existing undersized waterlines. Street reconstruction and the placement of
the culvert will be bid separately.
The low bidder for this project is SCAVA Ltd. Partnership with a base bid of
(40 $913,111.00, which includes the use of improved backfill, and a deductive alternate of
$94,230.00, to backfill with the native soil and use a filter fabric. Bid requests were
advertised on November 16 and 23, 1997. Bids were publicly opened and read aloud
on December 3, 1997.
BID TABULATION
Attached is the bid tabulation prepared by Cheatham and Associates.
FUNDING/FISCAL IMPACT
The CIP Budget includes $1,925,995.00 for these water, sewer, and street
improvements. The estimated cost of the street improvements is $500,000.00; leaving
$1,425,995.00 for water and sewer improvements. Upon the award of this proposed
bid of $818,881.00 for water and sewer improvements, funds in the amount of
$607,114.00 will be available for the completion of the sanitary sewer system, which
are proposed to consist of either gravity sewer lines to Grapevine or the installation of
two lift stations.
5K-1
Q.,
RECOMMENDATION
31
x
Staff recommends awarding the bid for water and sewer improvements in the Shady
Lane area to SCAVA Ltd. Partnership in the amount of $818,881.00. This amount
includes the deductive alternate, which means that the native soil will be used to
backfill the trench. This is because the water mains and sewer mains will be at the
edge of the pavement and the streets are to be rebuilt. Please place this item on the
December 16, 1997 Regular City Council Agenda.
Attachment: Letter from Robert Rowly of Cheatham and Associates
Bid Tabulation
Map of Area
5 K-2
CHEATHAM
AND
(ow, ASSOCIATES
X
December 10, 1997
Honorable Mayor & City Council
Cin• of Southlake
667 N. Carroll Avenue
Southlake, TX 76092
Re: Project No. 001-434
City of Southlake - Raintree Vicinity
Sanitary Sewer & Water Improvements
As advertised, bids for the referenced project were received, opened and read publicly at 10:00
o'clock A.M., December 3, 1997. The low bidder for this project is:
Scava Ltd. Partnership
P.O. Box 270249
Dallas, TX 75227
We have checked the proposal and find it to be in order. We also checked references and all have
given a favorable response. Therefore, we recommend award of the contract, using the deductive
alternate, to Scava Ltd. Partnership for $818,881.00. We enclose a bid tabulation for your use.
If Nve may be of further service in this matter, please advise.
Respectfully,
Robert D. Rowley, P.E.
F WnRUS01iTHLAK 434 Recommend. award. wpd
Enclosure: Bid Tabulation
cc: Bob Whitehead
Shawn Poe
ENGINEERS • PL RS • SURVEYORS
A Subsidiary Firm of Sou 5K-3 [ Planning and Design, Inc.
1601 E. Lamar Blvd. • Suite 200 • Arlington, Texas 76011
817/548-0696 • Metro 265-8836 • Fax 817/265-8532
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City of Southlake
Area of Proposed Water
and Sewer Improvements
DISCLAIMER
This data has been compiled for The
City of Southlake. Wrious official
and unofficial sources were used to
gather this information. Every effort
was made to ensure the accuracy of
this data, Iwwever, rw guarantee is
osaid rd implied as to the accuracy
5"
No Scale
�uthlak
Public Works - GIS
01
City of Southlake, Texas
December 12, 1997
TO: Curtis E. Hawk, City Manager
FROM: Shelli Siemer, Community Services Coordinator
SUBJECT: Resolution 97-79, Appointment to Drug & Alcohol Awareness Committee
The Drug & Alcohol Awareness Committee has three SYAC members appointed to the
committee. Kami Adrian and Nicole Berry were appointed by SYAC to fill the two regular
positions and Erin Anderson was appointed as an alternate member. Kami Adrian recently
resigned from the Drug & Alcohol Awareness Committee and it is recommended that Erin
Anderson fill the vacant SYAC position. At the December 3 meeting, SYAC voted for Joe
Monfort to fill the altemate position on the committee.
Please place this item on the next City Council agenda.
'ti)L:1
City of Southlake, Texas
RESOLUTION NO. 97-79
DF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE
JOINT COMMITTEE TO DEVELOP INITIATIVES FOR DRUG
AND ALCOHOL AWARENESS TO FILL UNEXPIRED TERMS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the citizens of Southlake are confronted with the societal issue of drug and
alcohol abuse among the youth of our community and desire to undertake a mutual effort to
address this situation; and,
WHEREAS, under Resolution No. 97-60, members were appointed to the committee
which was formed of the following members: two members of the City Council, appointed by the
City Council; two members of the School Board, appointed by the School Board; two members
of the community at large, appointed by the City Council; two members of the community at
large, appointed by the Carroll ISD Board of Trustees; -'two youth members appointed by the
Southlake Youth Action Commission; and two youth members of the community at large,
appointed by the CISD Superintendent or designee; and,
WHEREAS, currently the committee has three SYAC members appointed to the
committee. Kami Adrian and Nicole Berry were appointed by SYAC to fill the two regular
positions and Erin Anderson was appointed as an alternate members. Kami Adrian recently
resigned from the Drug & Alcohol Awareness Committee and it is recommended that Erin
Anderson fill the vacant SYAC position, and Joe Monfort appointed to fill the alternate position
on the committee; now,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1. All of the above premises are found to be true and correct and are incorporated into
the body of this resolution as if copied in their entirety.
Section 2. The City Council hereby appoints Erin Anderson to fill the vacant SYAC position and
Joe Monfort is hereby appointed to fill the alternate position on the committee.
Section 3. This resolution is effective upon passage by the City Council.
PASSED AND APPROVED THIS THE 16TH DAY OF DECEMBER, 1997.
CITY OF SOUTHLAKE, TEXAS
Mayor Rick Stacy
(400" Resolution No. 97-79
Drug and Alcohol Awareness Committee
Page two
ATTEST:
Sandra L. LeGrand
City Secretary
A
City of Southlake, Texas
MEMORANDUM
December 12, 1997
TO: Curtis E. Hawk, City Manager
FROM: Nona Whitehead, Community Services Coordinator
SUBJECT: Resolution No. 97-77, appointing representatives to the SPIN Standing
Committee
As you may be aware, it is time again to reappoint SPIN representatives for the expired terms.
A number of these neighborhood representatives have completed their terms in the SPIN
program and are seeking reappointment. In addition there are new appointments due to the
realignment of the SPIN boundaries. As a result, those positions were advertised and two
meetings were held for the various neighborhoods to select their representatives.
The resolution provides for the needed appointments. The new appointees of odd -numbered
neighborhoods will serve a regular two year term. The representative for the new SPIN # 16
will serve a one year'term to have a consistent rotation with the other even -numbered SPIN
neighborhoods.
The attached resolution provides for the appointment of Cara White and Angela George for
SPIN #1, Milan & Mary Georgia for SPIN #3, Jan Francis for SPIN #5, Darrell Faglie for
SPIN #7, Michael Boutte for SPIN #9E, Pam McCain for SPIN #9W, Roger Hutton for SPIN
#11, Barry Friedman for SPIN #13, Wayne and June Haney for SPIN #15 and Bob Walker for
the newly formed SPIN #16.
Please place this item on the Council's December 16, 1997 agenda. I will be happy to answer
any questions you may have about these recommended appointments.
NW
Sm- I
City of Southlake, Texas
RESOLUTION 97-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
APPOINTING NEIGHBORHOOD REPRESENTATIVES TO THE STANDING COMMITTEE FOR
THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN);
PROVIDING FOR TERMS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council is of the opinion that a citizen advisory committee would be of
assistance to the City Council and City staff by providing a more available form of citizen participation
in the affairs of the City and to create a forum for neighbor to neighbor communication; and,
WHEREAS, the City Council has created such a committee by ordinance; and,
WHEREAS, the City Council is to appoint one representative for each of the designated
neighborhoods from recommendations provided by their neighborhoods; and,
WHEREAS, vacancies occur when SPIN terms expire, and when representatives decide to seek
elective office and/or other board appointments and new appointments are required; now
THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1. All of the above premises are found to be true and correct and are incorporated
into the body of this Resolution as if copied in their entirety.
Section 2. The following is hereby appointed as neighborhood representative for the term
specified:
Neighborhood #1
Cara White & Angela George
1999
Neighborhood #3
Milan & Mary Georgia
1999
Neighborhood #5
Jan Francis
1999
Neighborhood #7
Darrell Faglie
1999
Neighborhood #9E
Michael Boutte
1999
Neighborhood #9W
Pam McCain
1999
Neighborhood #11
Roger Hutton
1999
Neighborhood #13
Barry Friedman
1999
Neighborhood #15
Wayne & June Haney
1999
Neighborhood #16
Bob Walker
1998
gym- a
Resolution No. 97-77
SPIN Appointment
Page Two
Section 3. This resolution is hereby effective upon passage by the City Council.
PASSED AND APPROVED THIS THE DAY OF 1997.
ATTEST:
Sandra L. LeGrand
City Secretary
CITY OF SOUTHLAKE, TEXAS
BY:
'6m-3
Mayor Rick Stacy
0
I
City of Southlake, Texas
MEMORANDUM
(4w December 12, 1997
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Authorize the Mayor to Enter into a Commercial Developers
Agreement for Cornerstone Business Park Located at the West End
of Exchange Boulevard
BACKGROUND
During the October 21, 1997 Regular City Council Meeting, Council authorized a
partial commercial developers agreement for Cornerstone Business Park. This
permitted the developer to begin approved grading and earthwork prior to review and
acceptance of the remaining development plans. All plans have been submitted and
approved.
l This agreement is standard except for section IV.A., which prohibits construction
traffic from entering or exiting the development by way of Crooked Lane. Park fees
totaling $21,650.00 have been received.
RECOMMENDATION
Staff recommends the Mayor be authorized to enter into a commercial developers
agreement for Cornerstone Business Park located at west end of Exchange Blvd. Please
place this item on the December 16, 1997 Regular City Council Agenda for City
Council review and consideration.
Attachments: Commercial Developers Agreement
Plat Exhibit
5N-1
CORNERSTONE BUSINESS PARK
COMMERCIAL DEVELOPERS AGREEMENT
An agreement between the City of Southlake, Texas, hereinafter referred to as the City, and the
undersigned Developer, hereinafter referred to as the "Developer", of Cornerstone Business
Park, hereinafter referred to as the "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
Cornerstone Business Park (a commercial development) and to the off -site improvements
necessary to support the subdivision.
I. GENERAL REQUIREMENTS:
A. It is agreed and understood by the parties hereto that the Developer shall employ a
civil engineer licensed to practice in the State of Texas for the design and
preparation of the plans and specifications for the construction of all facilities
covered by this agreement.
B. 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 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.
5N-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, the 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 of 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 ensure 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
5N-3
C. Concrete cylinder tests and concrete coring samples.
The City can delay connection of buildings to service lines or water mains
constructed under this Agreement until said water mains and service lines have
been completed to the satisfaction of and accepted by the City.
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. FACILITIES:
A. ON -SITE WATER:
The Developer hereby agrees to install water facilities to service lots as shown on
the final plat of Cornerstone Business Park 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
5N-4
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 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. 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 that may be in force at the time that
development proposals are being presented for approval by the City.
C. STREETS:
If applicable, the street construction in the Cornerstone Business Park,
commercial development of the City of Southlake 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.
1. The Developer will be responsible for: a) installation and two year
operation of street lights; b) installation of all streets 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 the City ordinances; c)
installation of all regulatory signs recommended by the Manual of
Uniform Traffic Control Devices and as directed by an engineering study
performed by the Director of Public Works.
2. 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.
5N-5
`.... It is understood that in every construction project a decision later may be
made to realign a line or service that 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 Cornerstone Business 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 approved by
the City. Further, the Developer agrees to complete this installation in
compliance with all applicable city ordinances, regulations and codes and shall be
responsible for all construction costs, materials, 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 is understood by and between the City and Developer that Cornerstone Business
Park 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,
5N-6
pond and lake improvements.
G. USE OF PUBLIC RIGHT-OF-WAY:
It is understood by and between the City and Developer that the Developer may
provide unique amenities within public right-of-way, such as landscaping,
irrigation, lighting, etc., for the enhancement of the addition. The Developer
agrees to maintain these amenities until such responsibility is turned over to a
homeowners association. The Developer 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 CONSTRUCTION:
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 "Approved for
Construction" by the City Engineer.
3. 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. GENERAL 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
5N-7
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND 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
INDIRECTLYM THE CONSTRUCTION, MAINTENANCE,
OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID
IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE
LIAVLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING
OUT OF OR IN CONNNECTION 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
OFICERS 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
5N-8
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 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. CONSTRUCTION ACCESS:
Construction traffic shall not enter or exit the Addition by way of Crooked Lane.
B. PARK FEES:
The park fees have been paid on this project.
C. TREE PRESERVATION ORDINANCE:
All construction shall meet the requirements of the Tree Preservation Ordinance
No. 585.
5N-9
SIGNED AND EFFECTIVE on the date last set forth below.
CITY OF SOUTHLAKE, TEXAS
Rick Stacy, Mayor
ATTEST:
Sandra LeGrand, City Secretary
Date:
DEVELOPER:
By:
Title:
Address:
Date:
5N-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 may be substituted for utility security deposits exceeding $10,000.00. The
City reserves the right to specify the face amount of the letter of credit.
3. The L of C must be issued by an FDIC insured bank in a form acceptable to the Cite 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 q)
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.
5N-11
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ON-14
City of Southlake, Texas
MEMORANDUM
I
December 12, 1997
- TO: Curtis E. Hawk, City Manager
FROM: Ron Harper, City Engineer
SUBJECT: Authorize the Mayor to Enter into a Developer Agreement for Versailles,
Phase II, Located on the East Side of South Carroll Avenue, North Side of
East Continental Boulevard
:•III'/ )►1
Attached is the Developer Agreement for Versailles, Phase II. The usual requirements of a
cash escrow, or letters of credit, or performance bonds or payment bonds are provided in this
Agreement. There are several items that need Council attention and these items are as
follows:
ITEM IV.B - OFF -SITE DRAINAGE:
The Developer has constructed a box culvert system under Continental Boulevard. The
Developer has requested that any pro-rata contributions for drainage be reimbursed to the
Developer. Since the adoption of the Impact Fee Ordinance, the City has not collected
Drainage Pro-Rata Fees; however, any fees that may have been collected prior to this
point could be reimbursed to the Developer. Staff recommends that the Developer's
requested language remain so that reimbursements could be made from past pro-rata
contributions or future drainage funds.
ITEM IV.C. - OFF -SITE WATER:
The Developer has oversized water lines at the request of the City and is eligible for
reimbursement under the Impact Fee Ordinance.
ITEM IV.D. - PARK FEES:
As part of Phase I, the Developer dedicated a five acre park (Noble Oaks Parks). This
dedication was sufficient for both phases of Versailles.
50-1
Curtis E. Hawk
DA Versailles, Phase II
December 16, 1997
Page Two
ITEM IV.E. - STREET IMPROVEMENTS:
As part of Phase I, the Developer agreed to dedicate the ultimate roadway for the
realignment of S. Carroll Ave. and to construct one-half of the ultimate roadway (two
lanes out of four). In conjunction with this construction, the City agreed to waive
Impact Fees. The Developer has requested that this agreement be continued for Phase
II.
PH-Welmd_ I 1 • (t
Staff recommends that this item be placed on the Regular City Council Agenda for December
16'�997, for City Council review and consideration.
1
/ls
Attachments: Developer Agreement
Qe Plat Exhibit
31
50-2
DEVELOPER AGREEMENT 12/16/97
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 Vefr ailles Addifloo Phase II,
hereinafter referred to as the "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 48 dots contained
within the Versailles Addition, PhaseI and to the off -site improvements necessary to support the
subdivision.
GENERAL REQUIREMENTS:
A. It is agreed and understood by the parties hereto that the Developer shall employ a
civil engineer licensed to practice in the State of Texas for the design and preparation
of the plans and specifications for the construction of all facilities covered by this
agreement.
B. 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 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
50-3
maintenance.
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:
l . To pay to the City three (3%) percent -of the construction cost for inspection
fees of the 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 on Saturday or Sunday. These fees are considered over
and above the 3% inspection fee as stated above. Acceptance of the project
will not be given until all inspection fees are paid.
2. To delay connection of buildings to service lines or water mains constructed
50-4
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
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.
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. FACILITIES:
A. 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 Yersa111es Adctton Pisell 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 approved by the City.
Further, the Developer agrees to complete this installation in compliance with all
applicable city ordinances, regulations and codes and shall be responsible for all
construction costs, materials and engineering.
50-5
B. 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.
C. USE OF PUBLIC RIGHT-OF-WAY:
It is understood by and between the City and Developer that the Developer may
provide unique amenities within public right-of-way, such as landscaping, irrigation,
lighting, etc., for the enhancement of the addition. The Developer agrees to maintain
these amenities until such responsibility* is turned over to a homeowners association.
The Developer 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.
D. START OF CONSTRUCTION:
Before the construction of the water, sewer, streets or drainage facilities can begin,
the following must take place:
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 "Approved for
Construction" by the City Engineer.
3. 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
50-6
liability insurance.
5. A Pre -Construction Meeting to be held with all Contractors, major Sub -
Contractors, Utilities and appropriate Government Agencies.
III. GENERAL 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,
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,
�.� 50-7
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 judgments 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
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.
50-8
IV. OTHER ISSUES:
A. OFF -SITE SEWER AND/OR SEWER PRO-RATA:
It has been the City's policy to pay the difference between required facilities versus
upgraded facilities required by the City to serve future developments.
B. OFF -SITE DRAINAGE:
The Developer understands that the Drainage Ordinance, Section 6.06B, requires that
each development contribute on a pro-rata basis towards the cost of replacing critical
drainage structures downstream from the development. This development is within
the basin served by a new box culvert system under Continental Boulevard, which
was installed by the Developer as part of Phase I.
The` City`agrees to forward to the Developer "the" appfoptiate contributions made by
other Developers upstream of the above mentioned structure, in accordance wit the
Drainage Ordinance, Section 6.06B, at the time when said contributions are made.
C. OFF -SITE WATER:
Water facilities will be installed in 'accordance with plans and specifications to be
prepared by the Developer's engineer and reviewed 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. This
project includes a water main in Lorraine Drive, Lorraine Court, and South Carroll
Avenue, which is to be oversized from 8-inch to 12-inch diameter due to City
requirements. The City agrees to reimburse the Developer for the oversize cost of
this water main.
D. PARK FEES:
The City acknowledges that, as part of Versailles Addition, Phase I, the Developer
dedicated five acres of park land. As per the Developer Agreement for the Versailles
Addition, Phase I, no further Park Fees of dedications are required for Phase II.
E. STREET IMPROVEMENTS
On April 18, 1995, the Developer requested a "Special" Developer Agreement,
which was approved by City Council. This Special Agreement is attached and will
become part of this agreement. The following completes or adds to some -of the
issues mentioned in the Special Developer Agreement.
50-9
1. Article 1 of the Special Developer Agreement has been fulfilled by the
Developer.
2. The Developer shall construct one-half of the ultimate width of South Carroll
Avenue, from the intersection with Old Carroll Road to a point approximately
1,500 feet southeast. The Developer agrees to construct asphalt street
connections from the new pavement to connect to existing Carlisle Road, and to
remove existing portions of the existing Carlisle Road pavement which are no
longer of any public use or benefit.
3. The Developer agrees to complete the above described improvements in
accordance with plans and specifications to be prepared by the Developer's
engineer and reviewed by the City. The Developer shall be responsible for all
construction costs, material, and engineering.
F. TREE PRESERVATION ORDINANCE:
All construction shall meet the requirements of the Tree Preservation Ordinance
No. 585.
SIGNED AND EFFECTIVE on the date last set forth below.
CITY OF SOUTHLAKE, TEXAS
Rick Stacy, Mayor
DEVELOPER:
By:
Title:
Address:
Date:
50-10
ATTEST:
Sandra LeGrand, City Secretary
Date:
50-11
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 $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.
50-12
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City of Southlake, Texas
i
MEMORANDUM
December 12, 1997
TO: Curtis E. Hawk. City Manager
FROM: Darcey Imm, Assistant to the City Manager
SUBJECT: Resolution No. 97-80, Appointing the Mayor to Serve as Chair of the Reinvestment
Zone Board of Directors
According to statute, the governing body of the municipality must appoint the Chair of the
Reinvestment Zone Board. This resolution appoints the Mayor to serve as Chair for a one year term
beginning January 1, 1998.
i
The Reinvestment Zone Board has the ability to elect a vice -chair to preside in the absence of the
chairman or when there is a vacancy in the office of chair. This item will be discussed at a future
Reinvestment Zone Board Meeting.
Please contact me with any questions or concerns regarding this Resolution.
i
DAI
(we
RESOLUTION NO. 97-80
A RESOLUTION OF THE CITY COUNCIL OF
SOUTHLAKE, TEXAS APPOINTING THE MAYOR TO
SERVE AS CHAIR OF THE BOARD OF DIRECTORS OF
TAX INCREMENT REINVESTMENT ZONE NUMBER ONE,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Southlake, Texas (the "City"), after public
hearing, passed Ordinance 682 creating a Reinvestment Zone as authorized by the Tax
Increment Financing Act, V.T.C.A., Tax Code, Chapter 311 (the "Act") on September
23, 1997; and
WHEREAS, Ordinance No. 682 established a Board.of Directors to administer the
Zone; and
WHEREAS, the City passed Resolution No. 97-70 appointing eight (8) members to the
Board of Directors of the Tax Increment Reinvestment Zone on November 5, 1997;
and
WHEREAS, the City, after public hearing, passed Ordinance 682-A extending the life
of the Zone and expanding the Zone boundaries on December 2, 1997; and
WHEREAS, in accordance with Section 311.009(f) of the Act, the governing body of
the municipality must appoint one member of the board to serve as chair for a term of
one year that begins on January 1 of the following year;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
Section 1. That all matters stated in the preamble of this resolution are true and correct
and are hereby incorporated into the body of this resolution as if copied in their
entirety.
Section 2. That the City Council hereby appoints Mayor Rick Stacy to serve as
chairman of the Reinvestment Zone Board of Directors for one year to begin January 1,
1998.
Section 3. That the City of Southlake authorizes and directs that this action be made
part of the City's permanent records.
r
Section 4. That this resolution shall become effective from and after the date of its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS on this the 16th day of December, 1997.
0a1* 19
(awe Sandy LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
NJ
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APPROVED:
Rick Stacy
Mayor
i
TO:
FROM:
SUBJECT:
City of Southlake, Texas
December 12, 1997
Curtis E. Hawk, City Manager
Darcey Imm, Assistant to the City Manager
Resolution No. 97-81, Authorizing Keep Southlake Beautiful to Construct a
Waterscape at Bicentennial Park
In 1994 Keep Southlake Beautiful received a grant from Texas Parks and Wildlife for a wildflower
and wildlife habitat demonstration project to be developed in Bicentennial Park. A waterscape was
envisioned as a part of the area, but at the time funds were not available to construct such a feature.
Since that time KSB has attempted to raise funds to construct a waterscape in this area. In the past
eighteen months KSB has raised $13,000 for the project. $5,000 was raised from a variety of sources
including Southlake Women's Club and the Women's Division of the Chamber of Commerce. In
May, SPDC provided $5,000 in matching funds for the project In June, Keep Southlake Beautiful
initiated the 100 for $100 campaign, and in the past six months have raised an additional $8,000.
They will be approaching SPDC on December 15 for $7,000 in matching funds to complete the
funding of this project.
Gardens of Eden has been selected as the contractor for this project. A sketch of the waterscape they
have designed is attached. A volunteer workday/ground breaking event will be held Saturday
December 13 with the contractor beginning work on December 19. The project should be completed
j (weather permitting) by February.
This resolution authorizes Keep Southlake Beautiful to construct the waterscape on park property, and
acknowledges the contribution of SPDC funds to the Project.
Please contact me if you have any questions regarding this resolution.
DAI
5 g-\
(W RESOLUTION NO. 97-81
A
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS,
AUTHORIZING KEEP SOUTHLAKE BEAUTIFUL TO CONSTRUCT
A WATERSCAPE AT BICENTENNIAL PARK; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Southlake owns the property known as Bicentennial Park; and
WHEREAS, Keep Southlake Beautiful desires to construct a Waterscape in the
Naturescape Area of Bicentennial Park; and
WHEREAS, partial funding for this project was provided by Southake Parks Development
Corporation through their Matching Grant Program;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION l: All of the above premises are found to be true and correct and are
incorporated into the body of this resolution as if copied in its entirety.
SECTION 2: By passage of this resolution, the City Council does hereby authorize Keep
Southlake Beautiful to construct a waterscape in the Naturescape Area of Bicentennial
Park.
SECTION 3: By passage of this resolution, the City Council does hereby agree that the
Waterscape will be maintained by City Parks and Recreation Department personnel and
volunteers of Keep Southlake Beautiful. _
SECTION 4: This resolution shall become effective on the day of approval by the City
Council.
PASSED AND APPROVED, THIS THE 16TH DAY OF DECEMBER, 1997.
CITY OF SOUTHLAKE, TEXAS
Mayor
5 s-'z.
(w ATTEST:
A
City Secretary
(City Seal) APPROVED AS TO LEGALITY:
City Attorney
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City of Southlake, Texas
STAFF REPORT
December 12, 1997
CASE NO: ZA 97-130 PROJECT: Rezoning and Concept Plan - Southlake Garden
Offices
STAFF CONTACT: Dennis Killough, Planner Il, 481-5581, ext. 787
Attached is a letter from the applicant requesting that this item be tabled until the City Council
meeting on January 6, 1998.
L:\COMDEV\WP-FILES\MEMO\97CASES\97-130ZC.TBL
Date: 12-11-97
Mr. Greg Last
Community Development Director
City of Southlake
667 N. Carroll Ave
Southlake, TX 76092
Re: Case No. 97-130 Southlake Garden Offices
Dear Mr. Last:
On behalf of Best Tex Custom Homes,I (we) hereby request that the City Council
table the above referenced case until the City Council meeting on 1-6-98.
Sincerely,
Signature:
Printed Name: David Ford
RED
EL i s 1997
L:\COMDEV\WP-FILES\FORMS\LTR\TBL-RQST.WPD
SA -Z
i
City of Southlake, Texas
MEMORANDUM
December 12, 1997
TO: Curtis E. Hawk, City Manager
FROM: Kim Lenoir, Director of Parks and Recreation
Chris Carpenter, Planner
SUBJECT: SECOND READING - Sidewalk Ordinance No. 683
Attached to this memo is a revised draft of Sidewalk Ordinance No. 683. Per the direction of
Council, this draft reflects a consensus -building effort among various representatives of the city's
boards and commissions, the city staff, the city attorneys, and the development community. Two
separate work groups were held with representatives from various groups to gain a better
understanding of all perspectives.
This draft includes redline/sh4keetrt text added or stricken subsequent to the draft received from the
city attorney's office dated October 15, 1997. The most notable change in this draft (indicated by
(WG) for "work group") is the philosophical switch from sidewalk implementation on a "lot -by -lot"
basis with few exceptions to a sidewalk "master planning" approach, whereby new development is
required to provide a "Pedestrian Access Plan" fully describing how both internal and peripheral
access will be accomplished within the development. It is expected that this approach will allow for
far more creativity and flexibility in the provision of sidewalks in Southlake. Most of this revised
text occurs toward the beginning of the ordinance in the "Applicability" sections. Staff (indicated
by the (ST) symbol) has also made some minor wording changes where noted.
Because there have been a number of versions of the proposed ordinance forwarded and amended
by various bodies, staff has prepared a table on the next page to indicate the approximate chronology
of events leading to this draft (1:\citydocs\ord\draft\sidewalk\683_2nd. wpd), with comments by
Ronnie Kendall of the Park Board and staff:
L:\CITYDOCS\ORD\DRAFr\SIDEWALK\2ND MEMO.DOC
A , I
City of Southlake, Texas
Sidewalk Ordinance Chronology
1/28/97
Park Board meets with City
Park Board, Council
Council and receives direction to
pursue a Sidewalk Ordinance
Spring
Park Board liaison Ronnie Kendall
Ronnie Kendall, Staff
`97 -
meets with staff for direction for
Present
new ordinance at request of
Council
Spring
Public Works develops draft
Public Works, Park Board
`97 -
ordinance based on accepted
7/97
standards, Park Board input
8/4/97
Park Board recommends approval
Park Board
General:
of draft ordinance
- 1,500 ft. from schools (both sides of the
street
- Any place where safety is issue
- All to comply with Trail Plan
Residential:
-all newly platted major subdivisions
(both sides of the street)
-on all arterial and collectors abutting a
subdivision
Non -Residential:
-in front of and on the street sides of any
non-residential development
8/21/97
P&Z debates ordinance from Park
P&Z, Park Board
- remove "compliance with Trail Master
Board, team of P&Z and Park
Plan."
Board work on revisions
- "major subdivision" means 4 or more
houses
9/8/97
Park Board votes to recommend
Park Board
approval of 2nd draft ordinance w/
P&Z comments
9/18/97
P&Z makes changes to Park Board
P&Z
draft and recommends approval of
revised draft
10/7/97
City Council deliberates both
City Council, P&Z, Park
proposed drafts (P&Z, PB).
Board
Approved 1 st reading.
L:\CITYDOCS\ORD\DRAFr\SIDEWALK\2ND—MEMO.DOC
7�-- a
City of Southlake, Texas
10/16/97
Staff hosts work group meeting #1
Staff, Ronnie Kendall,
Attorneys:
with development community per
members of development
- place ordinance in existing Subdivision
Council with amended draft per the
community, city attorneys
Ordinance
City Attorneys dated 10/15/97
Work Grouo:
- commercial sidewalks by Trail Plan
only
- all development to conform with Trail
Plan
- residential subdivisions 1 ac. or less
density exempt from requirements
- where required, one side of the street is
sufficient
- process: access plan submitted with
development requests
10/21/97
City Council tables 2nd reading to
Staff, Ronnie Kendall, Tom
- request work group team to draft
12/2/97
Matthews
revisions that all agreed to
11/18/97
Staff hosts work group meeting #2
Staff, City Manager, Tom
- consensus is reached on a large majority
to address issues
Matthews, Ronnie Kendall
of issues based on documented input
from developers
12/2/97
City Council tables 2nd reading to
Staff
- requested staff to prepare combined
12/ 16/97
draft
12/12/97
Staff prepares "combined draft'
Staff
- 2nd reading at Council
based on meetings held
Please place this item on the December 16, 1997, City Council agenda for their consideration.
KL/cic
enc: Combined draft of Ordinance No. 683
L:\CITYDOCS\ORD\DRAFF\SIDEWALK\2ND—MEMO.DOC
7/}-3
(W ORDINANCE NO. 683
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF THE
CITY OF SOUTHLAKE, TEXAS BY ADOPTING REQUIREMENTS FOR
THE INSTALLATION OF SIDEWALKS; PROVIDING FOR THE DESIGN,
CONSTRUCTION, AND MAINTENANCE OF SIDEWALKS; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS, the City Council deems that it is necessary to adopt a sidewalk ordinance to
require the construction of sidewalks under certain design and construction standards in order to
(W promote the health, safety and welfare of the citizens of the City and the public in general.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
Section 1.04 of the Subdivision Ordinance of the City of Southlake is amended by adding
the following definition:
SIDEWALK: A paved area intended for the use of pedestrians and located in a
street right-of-way between the curb lines or the edge of pavement of the roadway
or public access easement (ST) and the adjacent property lines.
SECTION 2.
The Subdivision Ordinance of the City of Southlake is hereby amended by adding a new
Section 5.06 to read as follows:
L:\CITYDOCS\ORD\DRAFr\SIDEWALK\683-2ND.WPD Page I
7A-w
A
"Section 5.06 Sidewalks:
A. GENERAL PROVISIONS. The purpose of this section is to provide for the
orderly, safe and healthful construction of sidewalks within the City and to promote the health,
safety and general welfare of the community. In order to carry out these purposes, it is hereby
declared to be the policy of the City to guide and regulate sidewalk construction within the City.
B. REQUIREMENTS
1. General Requirements. Any new development in this the (ST) city shall
provide for the location and construction of sidewalks as provided in this section. This shall
include the dedication of necessary right-of-way or public access easement (ST) and the
construction of sidewalks according to the specifications provided herein.
2. Residential Requirements:
a. Applicability: (WG) Sidewalks shall be required in all residential
subdivisions with average lot sizes of less than one acre (WG)
platted or replatted (ST) after the effective date of this ordinance.
Sidewalks shall be eamtrueted along eaelt street adjaeent to a platted
lob (WG) A proposed Pedestrian Access Plan must be included as
an element of any Concept Plan application, or in the case where no
Concept Plan is required; with the Preliminary Plat or Final Plat
application. The Pedestrian Access Plan shall demonstrate a method
for the effective movement of pedestrians both within the
subdivision and to and from Trail System connections, where
applicable. (WG)
b. Trail Master Plan: (WG) The developer or builder of a residential
subdivision platted or replatted (ST) after the effective date of this
ordinance shall install sidewalks f along
the tract being developed adjacent to (ST) all arterial and collector
streets (as defined by the Master Thoroughfare Plan) within or
atbofttifT the subdivision. (GL), where applicable according to the
Trail System Master Plan. (WG)
C. Time of Construction: (WG)
Owners/homebuilders: Each owner/home builder with a
residential subdivision platted after the effective date of this
ordinance shall construct sidewalks at the time of
construction of the house. In those circumstances where a
sidewalk would impact the construction of driveways and
L:\CITYDOCS\ORD\DRAFr\SIDEWALK\683-2ND.WPD
Page 2
A
access walks, the sidewalks shall be constructed before the
final building inspection by the City. A certificate of
occupancy will not be issued until required sidewalks are in
place.
ii. Developers: Sidewalks shown in the Pedestrian Access Plan
to be constructed within common areas shall be constructed
by the developer during the development of the subdivision.
(WG)
d. Exemptions: A residential lot that is platted as a single lot of record
is exempt from this requirement unless:
L Sidewalks are existing on both sides of the lot; or
ii. The lot is located within 1,500 feet of a public or private
elementary or secondary school and is on the same side of
the street. (WG)
3. Non-residential Requirements:
a. Applicability: (WG) 1, Sidewalks shall be required on all non-
residential properties platted or replatted (ST) after the effective
date of this ordinance. Sidewalks shall be eanstmeted along eaeft
street adjaeent to a platted let. (WG) A proposed Pedestrian Access
Plan must be included as an element of any Concept Plan
application, or in the case where no Concept Plan is required, with
the Preliminary Plat or Final Plat application. The Pedestrian
Access Plan shall demonstrate a method for the effective movement
of pedestrians both within the subdivision and to and from Trail
System connections, where applicable. (WG)
b. Trail Master Plan: The developer or builder of a non-residential
subdivision platted or replatted after the effective date of this
ordinance shall install sidewalks along the tract being developed
adjacent to all arterial and collector streets (as defined by the Master
Thoroughfare Plan), where applicable according to the Trail System
Master Plan. (WG)
C. Time - of Construction: Each developer of a non-residential
subdivision platted after the effective 'date of this ordinance shall
construct sidewalks at'the time of construction of the development.
In those circumstances where a sidewalk would impact the
L:\CITYDOCS\ORD\DRAFT\SIDEWALK\683-2ND.WPD
Page 3
construction of driveways and access walks, the sidewalks shall be
constructed before ' the final building inspection by the City. 'A
certificate of occupancy will not be issued until required sidewalks
are in place. (WG)
C. SIDEWALK SPECIFICATIONS
1. Sidewalk Size (ST) and Locations: All sidewalks shall be at least four feet
wide or in conformance with the Master Trail Plan, whichever is greater, and shall be located
between the curb or grade line of the public street and the ROW line or public access easement
if approved by the city', no closer than two (2) feet to the curb or grade line. The City Engineer
or Building Official may alter alignment so that the sidewalk meanders within the area between
the curb and right-of-way line.
2. Construction Specifications:
a. Concrete Requirements: Concrete for sidewalks shall have a
minimum compressive strength of three thousand (3,000) psi at
twenty-eight (28) days. The quantity of mixing water shall not
exceed six and one-half (02) U.S. gallons per sack (ninety-four
(94) lbs.) of Portland cement. The slump of the concrete shall not
exceed four (4) inches. A minimum content of five (5) sacks of
cement per cubic yard of concrete is required. Sidewalks shall be
at least four (4) inches thick.
b. Reinforcement: Sidewalks shall be reinforced with No. 6 gauge
"" steel mesh or (ENG) 3/8 inch No. 3 bars set on 24-inch centers.
C. Expansion and Control Joints: One -half -inch premolded bituminous
expansion joints with No. 4 (,,-inch nominal diameter) smooth
dowels shall be spaced at twenty -foot intervals. Where new work
abuts driveways, pavement, curbs or any other work, expansion
joints shall be filled with premolded bituminous expansion joint
filler or redwood at least one -inch nominal thickness and shall
extend six (6) inches deep and the entire width of the concrete
sections. Bars used in this joint shall be greased sleeved (ST) to
allow for the movement of concrete on the bars. The bars shall be
smooth three -eighth (3/8) inch No. 3 bars minimum. No deformed
bars shall be allowed. Sidewalk control joints shall be grooved
three -eights (3/8) inch deep on four -foot centers.
d. Sidewalk Finishes: (ST) The surface of the sidewalk shall have a
monolithic broom finish. In no case shall the surface be left slick
L:\CITYDOCS\ORD\DRAFT\SIDEWALK\683-2ND.WPD Page 4
?ff, 7
A
or with a glossy finish. The edges of the sidewalk control joints and
expansion joints shall be tooled to a smooth finish not less than two
(2) inches in width. Exposed edges of the sidewalk shall be rounded
with an edger to a radius of one-half (,h) inch.
e. Fire Hydrant Locations: Where a sidewalk is to be constructed and
a fire hydrant would be within the forms, the forms shall curve
around the fire hydrant such that the walk misses the fire hydrant
by a minimum distance of one (1) foot. (ST) A transition of 10 feet
is required in and out of curved areas.
f. Service and Meter Boxes: Where a sidewalk is to be built and a
water meter box would be within the forms, a precast, concrete box
shall replace the plastic box. This box shall have a hinged metal lid
and be set at an elevation that will be equal to the finish grade of the
sidewalk. If the builder so chooses, the builder may move the
water meter box outside the forms at the builders expense.
g. Drainage: All sidewalks shall be built at an elevation that will not
impede or be otherwise detrimental to proper lot drainage, with
natural grade preferred. (ST)
3. Wheel -Chair Access Ramps
a. Location: A wheel -chair access ramp shall be provided must be
constructed (ST) at any point a proposed sidewalk intersects the a
(ST) city street with the exception of walks leading from the street
to the door of a residence. Access ramps wiH must (ST) be
constructed with a maximum 1" wide (ST) expansion material
between the street and ramp and a maximum f ,,,:_ do
material shall be installed (ST) flush with the finish grade.
b. Grade: Care shall be taken to ensure a uniform grade meeting
ADA requirements; (ST) on the ramp, free of sags and short grades.
Access ramps shall be built to grades no greater than 1 ft. of fall per
12 feet in length.
C. Surface Finish: Surface texture of the ramp shall be obtained by
coarse brooming, perpendicular to the slope of the ramp.
d. Curb and Gutter: The normal gutter line shall be maintained
through the area of the ramp. Curb cuts for ramps shall be located
L:\CITYDOCS\ORD\DRAFT\SIDEW ALK\683-2N D. W PD
Page 5
A
as shown on street (ST) plans or as direeted approved (ST)by the
City Engineer.
10000 V /:UhM 1 clerAe[y o!
1. Maintenanee of Sidewal Responsibility for Maintenance: (ST)
a. It shall be the duty and obligation of all owners and (ST) occupants
and users (ST) of real property abutting upon sidewalks in the city,
at their own cost and expense, to maintain and keep the sidewalks
bordering their property level and free of depressions, excavations,
elevations, inequalities inconsistencies (ST), obstacles, obstructions
or encroachments, natural or artificial, above or below ground
level, or which overlap, impinge upon, or appropriate any part of
the sidewalk area or the space eight (8) feet above it.
b. Any damage done to a sidewalk by the City or a City hired
contractor shall be repaired by the City or contractor.
C. Any damage done to a sidewalk by a franchised utility shall be
repaired by the franchised utility.
2. inspeetiea Provisions for Adequate Maintenance: (ST)
a. Inspection and Notification: (ST) When the city determines that any
section of sidewalk requires repairs or maintenance, a letter
describing the necessary repairs will be sent to the adjacent property
owner. The letter shall be given:
i. Personally to the owner in writing; or
ii. By regular or certified mail to the owner's post office
address; or
iii. If the letter cannot be delivered by personal service or by
regular or certified mail, by publication in the official
newspaper at least twice within ten (10) consecutive days.
b. Time of Response_(ST): The property owner shall have 30 days
from receipt of the (ST) letter described in Subsection a above to
make the necessary repairs. If weather conditions or other
extenuating circumstances dictate, this 30 day period may be
extended by the Director of Public Works, provided that the
L:\CITYDOCS\ORD\DRAFT\SIDEWALK\683-2ND.WPD
Page 6
A
property owner has contacted the Public Works Department with a
plan for repairs prior to the expiration of the 30 days (ST).
C. Failure to Repair: (ST)
i. City Action: (ST) Any repairs that are not performed by the
property owner, and which are determined to be hazardous
to pedestrians or other users of the sidewalk, may be
performed by the city or a city hired contractor. After
completion of repairs, the city shall send the adjacent
property owner a- notice which shall include:
(a) identification of the property;
(b) a description of the violation;
(c) a statement that the city made the necessary repairs;
(d) a statement of the city's charges and expenses in
making the repairs;
(e) an explanation of the property owner's right to
request a hearing within 10 (ten) days from receipt
of the notice; and
(f) a statement that if the owner fails or refuses to pay
the expenses within thirty (30) days from receipt of
the notice, the mayor or his designee shall obtain a
lien against the property by filing with the county
clerk a notice of lien and statement of expenses
incurred.
d. Notice to 'Property Owner` (ST) The notice shall be given in the
manner as provided in Subsection a above.
e. Request for Hearing: (ST) The property owner may, within ten (10)
days from receipt of the notice in Subsection c above, file a written
request for a hearing before the city council in order to contest the
amount or validity of such costs. Upon receipt of a timely request,
a hearing will be scheduled before the city council. At the hearing,
the city council shall determine whether the charges are reasonable
and were properly assessed.
L:\CITYDOCS\ORD\DRAFr\SIDEWALK\683-2ND.WPD
71�-10
Page 7
i. Filing of Lien: (ST) If no hearing is requested, or if a
hearing is held and the charges are determined to be valid,
and the property owner fails or refuses to pay such charges
within thirty (30) days from receipt of the notice to pay, the
city council may assess the costs incurred against the
adjacent property, whereupon the mayor shall file a notice
of lien and statement with the county clerk of the costs
incurred for the repair of the sidewalk and the city shall
have a privileged lien on the property second only to tax
liens and liens for street improvements. The notice of lien
shall state the name of the owner if known, and the legal
description of the property. Said privileged lien shall bear
interest at the rate of ten percent (10 %) per annum from the
date the work was performed or payment therefor was made
by the city.
ii. Cost Recovery: ' (ST) For any such costs and interest as
aforesaid suit may be instituted and foreclosure had in the
name of the city. Any statement so filed or a certified copy
thereof, shall be prima facia proof of the amounts expended
for any such work and repairs."
(W SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake,
Texas, except where the provisions of this ordinance are in direct conflict with the provisions of
such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
. sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since
(anve L:\CITYDOCS\ORD\DRAFnSIDEWALK\683-2ND.WPD
Page 8
the same would have been enacted by the City Council without the incorporation in this ordinance
of an such unconstitutional phrase, clause sentenceparagraph or section.
Y P >
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance or the
Subdivision Ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each
offense. Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 6.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 483, as amended, or any other ordinances governing
the installation of sidewalks which have accrued at the time of the effective date of this ordinance;
and, as to such accrued ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 7.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least ten (10) days before the second reading of this ordinance, and if
this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally publish this ordinance or its
caption and penalty in the official City newspaper one time within ten days after final passage of
this ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
(48W, L:\CITYDOCS\ORD\DRAFr\SIDEWALKN683-2ND.WPD
Page 9
SECTION 8.
This ordinance shall be in full force and effect from and after its
passage and publication
as required by law, and it is so ordained.
(400, L:\CITYDOCS\ORD\DRAFIISIDEWALK\683_2ND.WPD
Page 10
A
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
, 199 .
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 199 .
EFFECTIVE:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
(w L:\CITYDOCS\ORD\DRAFDSIDEWALK\683_2ND.WPD Page 11
I
City of Southlake, Texas
MEMORANDUM
December 10, 1997
TO: Curtis E. Hawk, City Manager
FROM: Greg Last, Community Development Director
SUBJECT: Tree Preservation Ordinance No. 585-A, Draft 6, dated December 9, 1997
Attached you will find draft 6 of the tree preservation ordinance. There are a few redline and
strikeo edit marks which reflect changes made since Council approval of the first reading. These
items were made per the recommendations of Council from the last meeting, or were oversights
noticed during preparation of this draft.
Also attached to this memo are the following items:
1. The transmittal letter from the Workgroup dated September 18, 1997.
2. A summary of "Additional Recommendations" dated September 18, 1997 from the
Workgroup.
Feel free to contact me should you have any questions regarding this item. Please place this item
on the next City Council meeting agenda as a consideration item.
GL/gl
enc. As noted above.
L:\CITYDOCS\ORD\DRAMTREE\585-A\DR6MEM.WFD
-76- 1
t
Mayor:
Rick Stacy
Mayor Pro Tem:
W. Ralph Evans
Deputy Mayor Pro Tem:
David A. Harris
Councilmembers:
Wayne Moffat
Pamela A. Muller
Gary Fawks
Scott F. Martin
City Manager:
Curtis E. Hawk
Assistant City Manager:
Shana K. Yelverton
City pry:
Sanrand
City of Southlake
Administrative Offices
September 18, 1997 Office of the City Secretary
Southlake City Council
Southlake Planning & Zoning Commission
667 N. Carroll St.
Southlake, Tx. 76092
re: Recommendations of the Tree Preservation Ordinance Workgroup
Dear Mr. Mayor, Council -members and Commissioners,
We the undersigned members of the Tree Preservation Ordinance Workgroup are
proud to present to you the attached revised Tree Preservation Ordinance for your
approval.
Recognizing that most ordinances require review and revision after having been in
effect for two to three years, Keep Southlake Beautiful undertook an exhaustive
analysis and research effort in early 1996. The fruits of their efforts were submitted
to City Staff later that year.
As has been the practice in our city, realizing the enormous workload of the Council
and the P & Z Commission, a well respected representative cross-section of
interested and impacted members of our community were requested to represent their
specific professional genre within a workgroup structure. Acknowledging that the
development community would be most impacted by the required updating, the
workgroup was organized to represent the area home builders, sub -division
developers and commercial office and retail developers and the architectural
profession. In addition, we included a certified Arborist for his technical expertise
and the President of Keep Southlake Beautiful to represent their extensive research
as well as to represent the general populous within our community. The City
Council was represented by one member and the P & Z was represented by two
members. Additionally, we were all ably assisted by the Director of Community
Development, the Assistant to the City Manager and the Landscape Administrator.
Following everyone's thorough review of the existing ordinance and the submitted
revisions, we began our deliberations in April of this year. We discussed general
philosophies of tree preservation as well as its impact on development activities. We
had lengthy discussions with our member Arborist and our Landscape Administrator
on various practical techniques and field procedures. We then deliberated the
1725 East Southlake Blvd. • Southlake, Texas 76092
(817) 481-5581 • FAX (817) 488-6796
V �Z "AN EQUAL OPPORTUNITY EMPLOYER"
Page 2 of 4
recommendations of K.S.B., as well as the "National Association of Home Builders"
twenty-nine page report on Tree Preservation Ordinances and their opinions on
acceptable criteria. In fact, the N.A.H.B. recommendations were very similar in
direction and ultimate affect to the recommendations attached. Weeks of spirited
debate and serious negotiations followed. Then, in the spirit of co-operation and
earnest desire for the very best for our community's long-term quality development
and economic viability, we concluded on a very congenial note.
The resulting document represents our very best efforts and we the undersigned do
hereby request that the Planning and Zoning Commission and the City Council
expeditiously ratify our recommendations in order to better preserve and protect our
community's precious natural resources during these days of necessary development.
p.s. Please refer to the following pages for additional comments.
Scott F. Martin, Architect
City Council
N I
�Ia ✓�4 Hcbb4 Edmondson
Planning & Zoning Commissioner
David Mc
Pima Prol
6z-
Bruce Roberts, President
N.E. Tarrant Co. Homebuilders
Assoc.
0
Lanny Tat , Builder
Planning & Zoning
Commissioner
"ent _--Rishard Myers, Pres
c. -Realty Capital Corp
-7Q 3
Mike Sandlin, Oresident
Mike Sandlin Homes
s
Mayor:
Rick Stacy
Mayor Pro Tem:
W. Ralph Evans
Deputy Mayor Pro Tern
David A. Harris
Councilmembers:
Wayne Moffat
Pamela A. Muller
Gary Fawks
Scott F. Martin
City Manager:
Curtis E. Hawk
Assistant City Manager:
Shana K. Yelverton
Cityary:
San Grand
`Z�
X
City of Southlake
Administrative Offices
Office of the City Secretary
Page 3 of 4
September 18, 1997
re: Additional Recommendations of the Tree Preservation Ordinance
Workgroup
Dear Mr. Mayor, Council -members and Commissioners,
During our extensive discussions, many suggestions were made and generally agreed
upon which would have a significant positive effect on Tree Preservation during
development. These additional recommendations did not fall within the scope of the
Tree Preservation Ordinance but would directly impact the very efforts we were
attempting to guarantee. We agreed that our task was in fact to study and make
specific recommendations to you on how best to insure that the extensive efforts that
we had made toward the overall goal of minimizing the total tree loss during
development was communicated to you.
To this end, we make the following additional recommendations for revisions to the
City of Southlake's Development Ordinances:
1) Wave the minimum parking requirements in order to mitigate tree loss within
the commercial parking lots.
2) Eliminate the rear -yard utility easement requirement.
3) Include an additional amount of $100 to each building permit fee to be
dedicated to cover the cost of one additional Landscape Administrator. We
felt that the Landscape Administrator(s) will be the single most effective way
to insure that the overall cost of tree preservation is minimized by means of
education, plan review and consultation with the development community
from the earliest possible moment and to insure that the enforcement (when
necessary) is uniformly administered.
4) Allow sewer lines to be placed under the streets in lieu of destroying an
additional huge swath of trees running parallel to the streets.
1725 East Southlake Blvd. • Southlake, Texas 76092
(817) 481-5581 • FAX (817) 488-6796
�� AN EQUAL OPPORTUNITY EMPLOYER"
Page 4 of 4
(bw
5) Allow the waterline to placed on only one side of the street to service both
sides vis under street taps.
6) Establish more extensive controls over public utility sub -contractors.
7) Establish a "Land Disturbance Permit" directive in order to enact preservation
requirements while allowing early stage sitework to progress on a site prior
to building permit application and issuance.
8) Allow flexibility in lot size requirements in order to preserve trees in R.O.W.
and on lots. This might entail "averaging" of lot sizes.
9) Creation of a Tree Preservation Manual.
10) Continue and expand the Community Development Department's "Builders
& Developers Workshop" program on at least a semi-annual basis while
requiring attendance at a minimum of one workshop for continued
certification.
11) Allow the placement of electrical and natural gas lines within the same
trench.
12) Allow the flexibility of street -side R.O.W. and easements.
13) Allow tree replacement credits for required trees planted via the Landscape
Ordinance.
14) Allow additional credits (landscaping or tree replacement) for trees saved
adjacent to street R.O.W. along commercial developments.
We have already had some discussion with city staff administrators in regard to
many, if not all, of these recommendations and all appear to be feasible if the P&Z
and Council will follow through via revisions to the specific ordinances or by
drafting new ones as required.
We hope our efforts in regard to these "broad -based" recommendations will be
recognized as an integral part .of the total overall steps necessary in order to
accomplish the goal of Tree Preservation during our city's development period.
Respectfully Submitted,
1997 Tree Preservation Ordinance Workgroup
TREE PRESERVATION ORDINANCE NO.585-A
3C AN ORDINANCE OF THE CITY OF SOUTHLAKE ESTABLISHING
4 CRITERIA AND REGULATIONS FOR THE PRESERVATION OF TREES;
5 PROVIDING FOR DEFINITIONS; PROVIDING FOR PERMIT
6 REQUIREMENTS; PROVIDING A REVIEW PROCESS; PROVIDING FOR
7 TREE PROTECTION AND REPLACEMENT; PROVIDING FOR
8 RESTRICTIONS ON PRUNING AND PLANTING OF TREES; PROVIDING
9 ENFORCEMENT PROCEDURES; PROVIDING THAT THIS ORDINANCE
10 SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
11 SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
12 VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING
13 FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
14 EFFECTIVE DATE.
15
16 WHEREAS, the City of Southlake, Texas, is a home rule City acting under its charter adopted
17 by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
18 Government Code; and
19
20 WHEREAS, trees are a valuable amenity to the urban environment and serve to create greater
21 human comfort by providing shade, cooling the air and otherwise tempering the effect of summer heat,
22 thereby reducing the requirements for air conditioning and the subsequent depletion of scarce energy
2 3L resources; and
24
25 WHEREAS, trees purify the air by filtering pollutants and dust and release oxygen into the air;
26 and
27
28 WHEREAS, trees provide natural habitat for many species of small animals; and
29
30 WHEREAS, trees protect land and structures by reducing run-off, binding soil and minimising
31 flood damage; and
32
33 WHEREAS, trees are known to add dollar value to residential and commercial property and
34 to increase income levels and tax revenues by attracting new business, industry and residents through
35 , improving a city's image; and
36
37 WHEREAS, the City of Southlake desires to actively participate in the "Tree City U.S.A."
38 program and the "Keep Southlake Beautiful", program; and
39
40 WHEREAS, the City Council of the City of Southlake has determined that tree preservation
41 is necessary to adequately protect the public health, safety and welfare.
42
43
4k4
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, 1997 (6:57pm) �Q�%_
WHEREAS, property zoned agricultural, or property which is zoned for residential uses but is
being marketed by a builder or developer, may be in transition from one use to another, and thus are
L3 subject to different requirements than homeowners in certain residential zoning districts to ensure that
4 protected trees are preserved;
5
6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 SOUTHLAKE,TEXAS:
8
9
10
11 TREE PRESERVATION ORDINANCE
12
13 1.0 PURPOSE AND INTENT
14
15 The purpose of this ordinance is to promote site planning which furthers the preservation of
16 mature trees and natural areas, to protect trees during construction; to facilitate site design and
17 construction which contribute to the long term viability of existing trees; and to control the
18 removal of trees when necessary. It is the further purpose of this ordinance to achieve the
19 following broader objectives:
20
21 - Prohibit the indiscriminate clearing of property.
22
2 - Protect and increase the value of residential and commercial properties within the City.
24
25 - Maintain and enhance a positive image for the attraction of new business enterprises to the
26 City.
27
28 - Protect healthy quality trees and promote the natural ecological environmental and aesthetic
29 qualities of the City.
30
31 2.0 DEFINITIONS
32
33 2.1 GENERAL RULES: For the purpose of this ordinance, the following rules shall be
34 applied in constructing, interpreting or otherwise defining the terms and provisions
35 hereof:
36
37 a. Words used in the present tense shall include the future, words used in the
38 singular number shall include the plural number and words used in the plural
39 shall include the singular. .
40
41 b. The word "shall" is mandatory and the word "may" is permissive.
42
43
4
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, 1997 (6:57pm) 76 - 7
1
2.2 DEFINITIONS: For the purpose of this ordinance, certain words or terms applicable
hereto are defined as hereinafter provided. Words and terms used in this ordinance, but
not defined in this ordinance shall have the meanings ascribed thereto in the Zoning
4
Ordinance, Landscape Ordinance or other ordinances of the City. Words and terms
5
defined in two ordinances shall be read in harmony unless there exists an irreconcilable
6
conflict in which case the definition contained in this ordinance shall control.
7
8
AGRICULTURAL USE: The use of land to produce plant or animal products, such as the
9
growing of crops, raising and pasturing of livestock, or farming. It does not include the
10
processing of plant or animal products after harvesting or the production of timber or forest
11
products.
12
13
BUILDABLE AREA: That portion of a building site exclusive of the required yard areas on
14
which a structure or building improvements may be erected and including the actual structure,
15
driveway, parking lot, pool and other construction as shown on a site plan.
16
17
BUILDING PAD: The actual foundation area of a building and a reasonable area around the
18
foundation necessary for construction and grade transitions.
19
20
CLEAR -CUTTING: The removal of all of the trees or a significant majority of the trees within
21
an area of land.
22
2
CRITICAL ROOT ZONE (CRZ): The area of undisturbed natural soil around a tree defined by
2 4
a concentric circle with a radius equal to the distance from the trunk to the outermost portion
25
of the dripline. (See Appendix D.)
26
27
CUT/FILL: Areas where the natural ground level has been excavated (cut) or fill brought in.
28
29
DRIP LINE: A vertical line run through the outermost portion of the canopy of a tree and
30
extending to the ground.
31
32
LIMITS OF CONSTRUCTION: A delineation on the graphic exhibit which shows the
33
boundary of the area within which all construction activity will occur.
34
35
MUNICIPAL/PUBLIC DOMAIN PROPERTY: Examples of this would include City Hall,
36
public parks, Corps of Engineers property, State of Texas R.O.W., library, fire stations, water
37
tower sites or similar properties.
38
39
PROTECTIVE FENCING: Snow fencing, chain link fence, barbed wire fence, orange vinyl
40
construction fencing or other similar fencing with a four foot (4) approximate height.
41
42
SELECTIVE THINNING: The removal of selected trees from within a densely forested area.
43
44
4
L:\CZTYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, 1997 (6:57pm) 7�8
Tom: Any self-supporting woody perennial plant which will attain a trunk diameter of two
inches (2") or more when measured at a point four and one-half feet (4.5') above ground level
3 and normally an overall height of at least fifteen feet (I T) at maturity, usually with one (1) main
4 stem or trunk and many branches. It may appear to have several stems or trunks as in several
5 varieties of oaks.
6
7 TREE. MARGINAL: A tree which the City has determined may or may not be worthy of
8 preservation depending on the individual characteristics of the tree. (See Appendix A.)
9
10 TREE, PARK: Trees, shrubs, and all other woody vegetation in public parks and all areas
11 owned by the City to which the public has free access to as a park.
12
13 TREE, PROTECTED: A Sl= tree identified as a'quality' tree by the City or a specimen
14 tree in the 'marginal' category which the Landscape Administrator has determined should be
15 saved due to individual characteristics of the tree. (See Appendix A.)
16
17 TREE, QUALITY: A tree which the City has determined typically has significant positive
18 characteristics worthy of preservation. (See Appendix A.)
19
20 TREE. SPECIMEN: A tree other than an understory tree (See Appendix A) which has a
21 diameter of six inches (6") or greater four and one-half feet (45) above the ground and an
22 understory tree (See Appendix A) which has a diameter of two inches (2") or greater four and
2 3L one-half feet (4.5') above the ground. The diameter of a multi -trunk tree shall be determined by
24 adding the total diameter of the largest trunk to %2 the diameter of each additional trunk.
25 (Appendix `E').
26
27 TREE, STREET: Trees, shrubs, and all other woody vegetation on land lying between property
28 lines on either side of all streets, avenues, or ways within the City.
29
30 TREE. UNDERSTORY: A tree which the city has determined has significant positive
31 characteristics worthy of preservation and that does not typically attain great size. (See
32 Appendix A)
33
34 TREE PROTECTION AND REPLACEMENT REQUIREMENTS: Sections 5, 6, 7 and 8 of
35 this ordinance.
36
37 TREE TOPPING: The severe cutting back of limbs to stubs larger than three inches in diameter
38 within the tree's crown to such a degree so as to remove the normal canopy and disfigure the
39 tree.
40
41 TREE BOARD: There is hereby created and established a City Tree Board. This Board shall
42 be the Planning and Zoning Commission unless otherwise appointed by City Council.
43
4
4
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, .1997 (6:57pm) ?���
TREE -REMOVAL PERMIT REQUIRED
3C3.0
3.1 GENERAL: No person, directly or indirectly, shall cut down, destroy, remove or move,
4
or effectively destroy through damaging, any protected tree situated on property
5
regulated by this ordinance without first obtaining a tree -removal permit unless
6
otherwise specified in this ordinance.
7
8
a. Clear -cutting: The clear -cutting of land as defined in this ordinance is
9
prohibited.
10
11
b. Selective Thinning: The removal of selected trees from within a densely forested
12
area when done in a professionally accepted manner shall be allowed as a single
13
permit upon approval by the Landscape Administrator. Approval will only be
14
granted when the Landscape Administrator determines that the selective
15
thinning is being done in a manner that would enhance the environment and
16
likelihood of survival for the remaining trees.
17
18
C. Ground Level Cuts: Where protected tree removal is allowed through exemption
19
or by tree removal permit, and the root system is intertwined with protected trees
20
which are intended to be saved, the tree shall be removed by flush cutting with
21
the natural level of the surrounding ground. Where stump removal is also
22
desired, stump grinding shall be allowed or upon approval of the Landscape
23
Administrator, a trench may be cut between the two trees sufficient to cut the
24
roots near the tree to be removed, thereby allowing removal of the remaining
25
stump without destruction of the root system of the saved tree.
26
27
3.2 MUNICIPAL/PUBLIC DOMAIN PROPERTY: All municipal or public domain
28
property shall be subject to the requirements for tree protection and replacement
29
specified herein.
30
31
a. Permit Requirements: A tree -removal permit shall not be required for removal
32
of a protected tree, however protected trees to be removed must be shown on
33
construction plans approved by the Landscape Administrator.
34
35
b. Tree Board Responsibilities: It shall be the responsibility of the Tree Board to
36
study, investigate, council and develop and/or update periodically, and
37
administer a written plan for the care, preservation, pruning, planting, replanting,
38
removal or disposition of trees and shrubs in parks, along streets and in other
39
public areas. Such plan shall be presented to the Council and when adopted
40
shall represent the comprehensive tree plan for the city.
41
42
C. Acceptable Trees: The Landscape Administrator shall maintain a list of trees
43
acceptable for planting along streets, within parks, or within other public areas.
4
Trees other than those listed as acceptable may only be planted upon approval
4
of the Landscape Administrator.
L:\CZTYDOCS\ORD\DRAFT\TREE\585-A\DRAFP6.WPD dated December 9, 1997 (6:57pm) -79-10
d. Street Tree Spacing: The spacing of street trees will be in accordance with
recommendations of the Landscape Administrator. Closer spacings or group
3 plantings may be approved by the Landscape Administrator in unique situations
4 and when recommended by a registered Landscape Architect.
5
6 e. Public Tree Care: The City shall have the right to plant, prune, and maintain
7 trees street trees and park trees within the lines of all streets, alleys, avenues,
8 lanes, squares, and public grounds, as may be necessary to insure public safety
9 or to preserve or enhance the symmetry and beauty of such public grounds. The
10 City may remove or cause or order to be removed, any tree or part thereof which
11 is in an unsafe condition or which by reason of its nature is injurious to sewers,
12 electric power lines, gas lines, water lines, or other public improvements, or is
13 affected with any injurious fungus, insect or other pest.
14
15 3.3 EXISTING R.O.W. AND PUBLIC EASEMENTS: All construction and maintenance
16 activity within public R.O.W. or easements shall be subject to the requirements for tree
17 protection and replacement specified herein.
18
19 a. City Projects: The City shall be subject to the requirements for tree protection
20 and replacement specified herein on all projects.
21
22 1. Permit Requirements: A tree -removal permit shall not be required for
2 removal of a protected tree, however protected trees to be removed must
24 be -shown on construction plans approved by the Landscape
25 Administrator.
26
27 b. Franchise and Other Utility Companies: All utility company projects shall be
28 subject to the requirements for tree protection and replacement specified herein.
29
30 1. Permit requirements: A tree -removal permit must be obtained prior to
31 the removal of a protected tree. This permit must be accompanied by a
32 site plan or construction plan meeting the graphic exhibit requirements
33 specified herein. Pruning activities by a utility must comply with
34 Section 7.
35 ,
36 3.4 NEW DEVELOPMENTS: All developments which have not submitted final
37 construction plans as of the effective date of this ordinance shall be subject to the
38 requirements for tree protection and replacement specified herein.
39
40 a. Residential Subdivisions: All area within public R.O.W., utility easements or
41 drainage easements as shown on an approved Final Plat and areas designated as
42 cut/fill on the master drainage construction plan approved by the Landscape
43 Administrator shall be exempt from the tree protection and replacement
4 requirements specified herein. All other area shall be subject to these
4L requirements.
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, ,1997 (6:57pm) Bar'
1. Aerial Photo Required: An aerial photo meeting the requirements of
L3
Schedule B herein shall be required with the submittal of a concept plan
or preliminary plat, whichever occurs first. The aerial photo must be
4
accompanied by a transparent plan of the development (at the same scale
5
as the photo) showing all proposed ROW and lotting patterns. The
6
Landscape Administrator is authorized to require a tree survey meeting
7
the requirements of Schedule B herein when determined to be needed to
8
evaluate the impact on trees.
9
evaluate fth—e plan for detenrAr&fien thM the developer hm made Oteir best
10
good faith effort at . my prateetedd trees as possible.
11
-
12
13
with their review of the development.
14
15
2. Permit Requirements: A tree -removal permit shall not be required for
16
removal of a protected tree within said R.O.W. or easements, however
17
a permit must be obtained prior to the removal of any other protected
18
tree on the property.
19
20
b. Non -Residential Developments: All area within public R.O.W., public utility or
21
drainage easements as shown on an approved Final Plat, and the fire lanes,
22
required parking areas and area within six feet (6) of the building foundation as
2
shown on an approved Site Plan shall be exempt from the tree protection and
24
replacement requirements specified herein. When the developer provides
25
parking spaces in addition to the required number of parking spaces, he shall be
26
required to replace a percentage of the trees removed, or make a payment into
27
the Reforestation Fund. The number of trees the developer shall be required to
28
replace shall be calculated based on the percentage of extra spaces to total
29
number of spaces (i.e. extra stalls/all stalls) multiplied by the number of trees
30
removed in all stalls equals the numbers of trees to be replaced in accordance
31
with Section 5 herein.
32
33
1. Permit Requirements: A tree -removal permit shall not be required for
34
removal of a protected tree within an area noted in 3.4-b above, however
35
a permit must be obtained prior to the removal of any other protected
36
tree on the property.
37
38
2. Required Survey: A survey meeting the requirements of Schedule B
39
herein shall be required with the submittal of a Concept Plan, Site Plan
40
or Preliminary Plat, whichever occurs first.
41
42
43
4
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, }997 (6:57pm) 76- I Z
c. Atlstra#or,�vro�� ����scape��Admuusfrataa� �avaluate �e
pl nrtya to n�admaftvn that thdee has made
3 the bes# goo aith ffci sa g a many ptatec#ed F as p issible An
4 ariyss prep `d bytheLaidscape Admmistrator shallbe forwarded #o:the
5 PlP`fi �g and Zanuig,Co�t stun and the C2#y ;Count or then c n ider"atio
6 rgaL�diIIg derLai or a ov ofthe deve16-6ment.
8
9 3.5 PRIVATE PROPERTY:
10
11 a. Agricultural: The owner of property zoned 'AG' agricultural and being actively
12 used for agricultural purposes or being used for an individual residence or
13 homestead shall be permitted to remove seven (7) protected trees per calendar
14 year without obtaining a permit. Protected trees removed in excess of seven will
15 require permits. It is not the intent of this ordinance to prohibit the clearing of
16 land for legitimate, agricultural use. An agriculturally zoned property owner
17 shall request the Landscape Administrator to make an on -site inspection of the
18 property to be cleared and provide to the Landscape Administrator the purpose
19 and reason for the clearing. If the Landscape Administrator determines the
20 clearing of land.to be for a legitimate, agricultural reason, he shall issue a tree
21 removal permit. To give the agricultural property owner the same rights as the
22 residentially zoned property owner, he can be exempt from this ordinance for a
2 3 total of two (2) acres surrounding his dwelling.
24
25 b. Homeowners: The owner of property zoned SF20, SF30, SF1, R-PUD and RE
26 who resides at the property and use the residence as a homestead shall be exempt
27 from the requirements of this ordinance as it pertains to that property. This
28 exemption shall `also include homeowners who have contracted with a builder
29 to construct their home on"their property.
30
31
C. Builders / Contractors: All builders who have not submitted a request for a
32
building permit as of the effective date of this ordinance are subject to the
33
requirements herein. All area within the driveway, public sidewalks, patios,
34
septic tank and lateral lines, parking area, pool and associated deck area and area
35
within six feet (6) of the building foundation as shown on an approved plot plan
36
shall be exempt from the tree protection and replacement requirements of this
37
ordinance. All other areas of the lot shall be subject to the these requirements.
38
39
1. Permit Requirements: A tree -removal permit shall not be required for
40
removal of a protected tree within the area noted in 3.5-c above, however
41
a permit must be obtained prior to the removal of any other protected
42
tree on the property.
43
4X4
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, 1997 (6:57pm) 76 _1 3
2. Required Survey: A survey meeting the requirements of Schedule B
herein shall be required with the submittal of a Concept Plan, Site Plan
3C
or Plot Platy yhen sub rutted f0f a buildiri permit request, Petry
4
Pam -whichever occurs first.
5
6
3.6 EXCEPTIONS: A tree removal permit and tree protection and replacement requirements
7
shall not be required under any of the following circumstances. The burden of proof as
8
a qualified exception is upon the remover of the tree. It is highly recommended that
9
qualification as an exception be determined with the Landscape Administrator prior to
10
removal of the tree.
11
12
a. Diseased Trees: The tree is diseased, damaged beyond the point of recovery, or
13
in danger of falling as determined by the Landscape Administrator prior to the
14
removal of the tree. The removal of a diseased tree by the city or an individual
15
is required to reduce the chance of spreading the disease to adjacent healthy
16
trees.
17
18
b. Public Safety: The tree endangers the public health, welfare or safety and
19
immediate removal is required.
20
21
C. Utility Service Interruption: The tree has disrupted a public utility service due
22 to a tornado, storm, flood or other act of God. Removal shall be limited to the
2 3 portion of the tree reasonably necessary to reestablish and maintain reliable
2 4 utility service.
25
26 d. Landscape Nursery: All licensed plant or tree nurseries shall be exempt from the
27 tree protection and replacement requirements and from the tree -removal permit
28 requirements only in relation to those trees planted and growing on the premises
29 of said licensee which are so planted and growing for the sale or intended sale
30 to the general public in the ordinary course of said licensee's business.
31
32
33 4.0 PERMIT REVIEW AND APPROVAL PROCESS
34
35 4.1 AUTHORITY FOR REVIEW: The Landscape Administrator shall be responsible for
36 the review and approval of all requests for tree -removal permits submitted in accordance
37 with the requirements specified herein.
38
39 a. Deferrals: The Landscape Administrator may defer the approval of a tree
40 removal permit to the Planning and Zoning Commission for any reason. All
41 decisions made by the Commission shall be final.
42
43 b. Appeals: Any decision made by the Landscape Administrator may be appealed
4 to the Tree Board. All decisions made by the Tree Board shall be final.
4
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, 1997 (6:57pm) -16_ q
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A
4.2 SUBMITTAL REQUIREMENTS: The Landscape Administrator shall establish
administrative procedures necessary to facilitate the implementation and enforcement
of this ordinance.
a. Tree -Removal Permit: A request for a tree -removal permit must be submitted
and approved prior to the removal of any protected tree in the City unless the
tree is exempt under a provision of this ordinance. (See Appendix 'B' for
example permit.)
b. Fees: All tree -removal permits shall be accompanied by a payment made to the
City of Southlake in the amount specified by City Council.
C. Required Documents: Either an aerial photo, exhibit or survey shall be required
with any activity item as noted in the following Schedule A or as otherwise
noted herein and must include the items referenced in Schedule B.
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9,.1997 (6:57pm)
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Am
Schedule A - SUMMARY OF REQUIRED DOCUMENTS
Ref Activity Item Required Document
Aerial Photo Exhibit Survey
RESIDENTUL SUBDI S1ON
A. With submittal of a Concept Plan or Preliminary Plat, whichever Yes' Note'
comes first.
B. With submittal of a building permit request for any construction that Yes'
occurs within forty feet (40') of any protected tree on lots 20,000
square feet or larger.
CC}1VIMERCIAL I?EVELOBMENTS
C. With the submittal of a Concept Plan, Site Plan or Preliminary Plat, Yes
whichever comes first.
I D. I With submittal ofaConre� Imo, SiterPlan or Plot Plan for,building I I I Yes
permit req a'"J Jeh V " tlrs tst
RE. IWith request for tree removal or pruning to maintain services. I IYes
Notes: 1. The Landscape Administrator has the authority to require a detailed tree survey on particular areas when
determined to be needed to evaluate the impact on trees.
2. The aerial photo must be accompanied by a transparent plan of the development (at the same scale as the
photo) showing all proposed ROW and lotting patterns.
3. The area contained within the building forms and the driveway may be excluded from the survey requirements
upon approval of the plot plan required for issuance of the building permit.
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, .1997 (6:57pm) -7$-1(o
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Schedule B - SUMMARY OF DOCUMENT REQUIREMENTS
Ref
Required on Document
Item
Aerial
Exhibit
Survey
Photo
1
Yes
Yes
Appropriate Title (i.e. Tree Removal Exhibit, or Tree Survey)
2
Yes
Yes
Title block which includes street address, lot and block, subdivision name, city
and date of preparation.
3
Yes
Must be prepared by a registered professional land surveyor, certified arborist,
or other similarly qualified professional
4
Yes
Yes
Yes
North arrow, graphic and written scale in close proximity
5
Yes
Scale at a size no larger than 1" = 200' (i.e. 1 "=100' OK)
6
Yes
Yes
Name, address and phone of owner and person preparing the document
7
Note 2
Yes
Yes
Location of all ROW lines and public easements
8
Yes
Yes
Location of all buildings, structures, pools, parking and other improvements
which are existing or intended on the lot
9
Yes
Areas of cut / fill with amount of each shown and flow lines shown
10
Yes
Existing and proposed spot elevations, grades and major contours, along with
existing landscaping, streams, ponds and major natural features.
11
Yes'
Yes'
Yes'
Areas of no disturbance labeled as "No Disturbance Area". This area must be
clearly marked on the plan and surrounded with protective fencing on the
ground. A single incidence removal of underbrush and vines is allowed.
12
Yes
All protected trees shown individually on the plan.' Canopy Trees 6" or
greater in size and Understory Trees 2" or greater in size. Trees in close
proximity that all have a caliper of less than four inches (4") may be
designated as a group of trees with quantity of quality, marginal and
understory trees shown. (see appendix `A')
13
Yes
Yes
Trees must be tied by horizontal control (i.e. dimensions from lot lines, or
placed through coordinates determined via survey.)
14
Yes
All protected trees shown with diameter (4.5' from the ground), common name
and condition.
15
Yes
Any proposed replacement trees shown with caliper size, common name of
tree and mature size.
16
Yes
Yes
Yes
Graphic representations as required by Appendix "H" herein.
17
Yes
Phasing of tree survey along with phasing of the development is permitted.
Notes: 1.An area may be designated as a "No Disturbance Zone" on the plan when approved by the Landscape
Administrator and trees within that zone are not required to be individually identified on the plan.
2. The aerial photo must be accompanied by a transparent plan of the development (at the same scale as the
photo) showing all proposed ROW and lotting patterns.
3. The Landscape Administrator shall have the authority to designate areas as "no disturbance" areas where a
survey would not be required due to no intended construction.
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, 1997 (6:57pm) -78 -1-7
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d. Permit Expiration: Permits for tree removal issued in connection with a building
permit or site plan shall be valid for the period of that building permit's or site
plan's validity. Permit(s) for tree removal not issued in connection with a
building permit or a site plan shall become void one hundred eighty (180) days
after the issue date on the permit.
4.3 ACTION ON PERMIT APPLICATION: The Landscape Administrator or the Tree
Board shall grant a tree -removal permit based on the following criteria:
a. Whether or not a reasonable accommodation or alternative solution can be made
to accomplish the desired activity without the removal of the tree;
b. The cost of preserving the tree;
C. Whether the tree is worthy of preservation. Trees listed as marginal trees in
Appendix `A' usually shall not be considered worthy of preservation depending
on the individual characteristics of the tree;
d. The effect of the removal on erosion, soil moisture, retention, flow of surface
waters, and drainage systems;
e. The need for buffering of residential areas from the noise, glare, and visual
effects of nonresidential uses;
f. Whether the tree interferes with a utility service;
g. Whether the proposed tree replacement pursuant to Section 5.0 hereof
adequately mitigates the removal of the tree;
i Whether the removal affects the public health, safety or welfare.
5.0 TREE REPLACEMENT REQUIREMENTS
5.1 TREE REPLACEMENT: In the event that it is necessary to remove a protected tree as
specified in 3.0-3.5 herein, the applicant (other than franchise utility companies) shall
be required to replace the protected trees being removed with quality trees as defined
herein or canopy trees as recommended in the Landscape Ordinance. A sufficient
number of trees shall be planted to equal or exceed, in caliper, the diameter (at 4.5'
above ground level) of each tree removed. This mitigative measure is not meant to
supplant good site planning. Tree replacement will be considered only after all design
alternatives which could save more existing trees have been evaluated and reasonably
rejected. Said replacement trees shall be a minimum of 3" caliper (at 1' above ground)
and seven feet (T) in height when planted.
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, 1997 (6:57pm) -76- 19
5.2 REPLACEMENT PROCEDURES: At the time of review, the agent responsible for
replacement, the time of replacement and the location of the new trees will be
3L determined by the Landscape Administrator. The replacement trees shall be located on
4 the subject site whenever possible, however if this is not feasible, the Landscape
5 Administrator has the authority to allow the planting to take place on another property,
6 including public property. Franchise utility companies shall be exempt from this
7 requirement. If the Landscape Administrator approves the planting of replacement trees
8 more than 30 days after the removal of protected trees, the applicant shall provide the
9 Landscape Administrator with an affidavit that all replacement trees will be planted
10 within six months. A replacement tree that dies within one year of the date it was
11 planted must be replaced by another replacement tree.
12
13 5.3 REFORESTATION FUND: If approved by the Landscape Administrator, the applicant,
14 in lieu of compliance with Section 5.2 hereof, may make a payment into the
15 Reforestation Fund or other specifically dedicated fund. The funds shall be used only
16 for purchasing and planting trees on public property or acquiring wooded property
17 which shall remain in a naturalistic state in perpetuity. The amount of the payment
18 required for each replacement tree shall be calculated based on a schedule published
19 annually by the Landscape Administrator which sets forth the average cost of a quality
20 tree added to the average cost of planting a tree.
21
22
2 6.0 TREE PROTECTION
24
25 A major purpose of this ordinance is to protect all protected trees which are not required to be
26 removed to allow approved construction to occur. The following procedures are required:
27
28 6.1 CONSTRUCTION PLAN REQUIREMENTS: All construction plans shall include the
29 requirements noted in Appendix 'C'.
30
31 6.2 PROHIBITED ACTIVITIES: The following activities shall be prohibited within the
32 limits of the critical root zone of any protected tree subject to the requirements of this
33 ordinance.
34
35 a. Material Storage: No materials intended for use in construction or waste
36 materials accumulated due to excavation or demolition shall be placed within the
37 limits of the critical root zone of any protected tree.
38
39 b. Equipment Cleaning/Liquid Disposal: No equipment shall be cleaned or other
40 liquids deposited or allowed to flow overland within the limits of the critical root
41 zone of a protected tree. This includes, without limitation, paint, oil, solvents,
42 asphalt, concrete, mortar or similar materials.
43
4
4
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, 1997 (6:57pm) -719-t9
C. Tree Attachments: No signs, wires or other attachments, other than those of a
protective nature shall be attached to any protected tree Fenc�yttached%a
3L tree via "U" nails or bent nails when only at pouts" of tangency witlzthe `tree ate
4 allowed.
5
6 d. Vehicular Traffic: No vehicular and/or construction equipment traffic or parking
7 shall take place within the limits of the critical root zone of any protected tree
8 other than on an existing street pavement. This restriction does not apply to
9 single incident access within the critical root zone for purposes of clearing
10 underbrush, establishing the building pad and associated lot grading, vehicular
11 traffic necessary for routine utility maintenance or emergency restoration of
12 utility service or routine mowing operations.
13
14
e. Grade Changes: No grade changes shall be allowed within the limits of the
15
critical root zone of any protected tree unless adequate construction methods are
16
approved by the Landscape Administrator or if grading is as directed by the
17
city's drainage inspector.
18
19
f. Impervious Paving: No paving with asphalt, concrete or other impervious
20
materials in a manner which may reasonably be expected to kill a tree shall be
21
placed within the limits of the critical root zone of a protected tree except as
22
otherwise allowed in this ordinance.
2
24
6.3 PRESERVED TREE: A protected tree shall be considered to be preserved only if a
25
minimum of 75% of the critical root zone is maintained at undisturbed natural grade and
26
no more than 25% of the canopy is removed due to building encroachment.
27
28
6.4 PRIOR TO CONSTRUCTION: The following procedures shall be followed on all
29
types of construction projects (i.e. residential subdivisions, commercial, multi -family,
30
industrial developments, residential builders and municipal/public).
31
32
a. Tree Flagging: All protected trees on the subject property within forty feet (40')
33
of a construction area or surface improvements such as driveway, walks, etc.
34
shall be flagged with bright fluorescent orange vinyl tape wrapped around the
35
main trunk at a height of 4' or more such that the tape is very visible to workers
36
operating construction equipment. This shall not include the flagging of all
37
protected trees adjacent to R.O.W. within approved residential subdivisions
38
during the construction of the roadway.
39
40
b. Open Space Flagging: All trees or groups of trees within areas intended to be
41
saved as open space shall be enclosed with fluorescent orange tape along all
42
areas of possible access or intrusion by construction equipment. Tape shall be
43
supported at a maximum of 25' intervals by wrapping trees or other approved
4
methods. Single incident access for the purposes of clearing underbrush is
4
allowed.
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, 1997 (6:57pm) -7IS—
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42 7.0
43
4 L 4
C. Protective Fencing: In those situations where a protected tree is so close to the
construction area that construction equipment might infringe on the root system
or is within twenty feet (20') of the construction area, a protective fencing shall
be required between the outer limits of the critical root zone of the tree and the
construction activity area. Four feet (4') high protective fencing shall be
supported at a maximum of 10' intervals by approved methods. All protective
fencing shall be in place prior to commencement of any site work and remain in
place until all exterior work has been completed.
d. Bark Protection: In situations where a protected tree remains in the immediate
area of intended construction, the tree shall be protected by enclosing the entire
circumference of the tree with 2" x 4" lumber encircled with wire or other means
that do not damage the tree. The intent here is to protect the bark of the tree
against incidental contact by large construction equipment.
6.5 PERMANENT CONSTRUCTION METHODS:
a. Boring: Boring of utilities under protected trees shall be required in those
circumstances where it is not possible to trench around the critical root zone of
the protected tree. When required, the length of the bore shall be the width of
the critical root zone at a minimum and shall be a minimum depth of 48".
b. Grade Change: In situations where the grade change within the critical root zone
of a protected tree exceeds the limits noted in section 6.2.e herein, the
procedures noted in the City standard detail sheet shall be required.
C. Trenching: All trenching shall be designed to avoid trenching across the critical
root zone of any protected tree. Although this section is not intended to prohibit
the placement of underground services such as electric, phone, gas, etc., the
placement of these utilities is encouraged to be located outside of the critical
root zone of protected trees. Irrigation system trenching shall be placed outside
of the critical root zone with only the minimum required single head supply line
allowed within that area placed radially to the tree trunk.
d. Root Pruning: All roots 2" or larger in diameter which are exposed as a result
of trenching or other excavation shall be cut off square with a sharp medium
tooth saw and covered with pruning compound within 2 hours of initial
exposure.
TREE PRUNING RESTRICTIONS
7.1 GENERAL: No protected tree shall be pruned in a manner which significantly
disfigures the tree or in a manner which would reasonably lead to the death of the tree.
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, .1997 (6:57pm) "7 6-2,(
7.2 PERMIT REQUIREMENTS: All franchise utility companies shall be required to
maintain at the City a set of pruning specifications (updated annually) to be followed by
3 all pruning contractors working for the company within the City. Prior to beginning any
4 pruning not requested by the owner of the tree, the contractor shall submit to the City
5 an application for a pruning permit for approval. As allowed in section 3.4-c, utility
6 companies may prune trees as necessary to re-establish disrupted electric service without
7 obtaining a permit.
8
9 7.3 ALLOWED PRUNING: The Landscape Administrator may approve pruning of a
10 protected tree in cases where protected trees must be strategically pruned to allow
11 construction or demolition of a structure. When allowed, all pruning shall be in
12 accordance with Section 6.3 above, approved Arboricultural techniques and the
13 recommendations of Appendix G. This setion;is notultmcl �req�e 1 e+,permit
1415
for' 'rmed or=cori%bep £by thh on of a tree
whi A n`p tt�n act7viiy
16
17 7.4 REQUIRED PRUNING: The owners of all trees adjacent to public R.O.W. shall be
18 required to maintain a minimum clearance of ten feet (10') above the traveled pavement
19 or curb of a public street. Said owners shall also remove all dead, diseased or dangerous
20 trees, or broken or decayed limbs which constitute a menace to the safety of the public.
21 The City shall also have the right to prune trees overhanging within Public R.O.W.
22 which interfere with the proper spread of light along the street from a street light or
2 interferes with visibility of any traffic control device or sign or as necessary to preserve
2 4 the public safety.
25
26 7.5 TREE TOPPING: It shall be unlawful as a normal practice for any person, firm, or city
27 department to top any street tree, park tree, or other tree on public property. Trees
28 severely damaged by storms or other causes, or certain trees under utility wires or other
29 obstructions where other pruning practices are impractical may be exempted from this
30 ordinance at the determination of the Landscape Administrator.
31
32 7.6 STUMP REMOVALS: All stumps of street and park trees shall be removed below the
33 surface of the ground so that the top of the stump shall not project above the surface of
34 the ground.
35
36
37 8.0 TREE PLANTING RESTRICTIONS
38
39 8.1 OVERHEAD LINES: Any required replacement trees shall not be planted within an
40 area such that the mature canopy of the tree will interfere with overhead utility lines.
41
42 8.2 UNDERGROUND UTILITIES: Any required replacement trees or street trees shall not
43 be planted within an area such that the mature root zone of the tree will interfere with
4 underground public utility lines (including water lines, sewer lines, transmission lines
4 L or other utilities). No trees shall be planted within ten feet (10') of a fire hydrant.
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, 1997 (6:57pm) -719
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L8.3 STREET CORNERS: No street tree shall be planted closer than 35 feet (35') of any
3 street corner, measured from the point of nearest intersecting curbs or curblines.
4
5
6 9.0 ENFORCEMENT
7
8
9.1 DEVELOPERS AGREEMENT: No developer's agreement shall be approved which
9
does not state that all construction activities shall meet the requirements of the tree
10
preservation ordinance.
11
12
9.2 BUILDING PERMIT: No building permit shall be issued unless the applicant signs an
13
application or permit request which states that all construction activities shall meet the
14
requirements of the tree preservation ordinance. The Building Official shall make
15
available to the applicant a copy of the tree preservation ordinance or a condensed
16
summary of the relevant aspects pertaining to the type of permit requested.
17
18
9.3 ACCEPTANCE OF IMPROVEMENTS: No acceptance of public improvements shall
19
be authorized until all fines for violations of this ordinance have been paid to the City
20
or otherwise disposed of through the Municipal Court. No acceptance of public
21
improvements shall be authorized until all replacement trees have been planted or
22
appropriate payments have been made to the Reforestation Fund; provided, however,
2
that acceptance of public improvements shall be authorized before all trees have been
24
replaced if a fiscal security is posted in the amount equal to the prevailing rate for
25
installed trees with a one (1) year guarantee, plus fifteen percent (15%) to cover
26
administrative costs.
27
28
9.4 CERTIFICATE OF OCCUPANCY: No Certificate of Occupancy (C.O.) shall be issued
29
until all fines for violations of this ordinance have been paid to the City or otherwise
30
disposed of through the Municipal Court. No Certificate of Occupancy shall be issued
31
until all replacement trees have been planted or appropriate payments have been made
32
to the Reforestation Fund; provided, however, that a Certificate of Occupancy may be
33
granted before all trees have been replaced if a fiscal security is posted in the amount
34
equal to the prevailing rate for installed trees with one (1) year guarantee, plus fifteen
35
percent (15%) to cover administrative costs.
36
37
38 10.0
VIOLATIONS
39
40
Any person, firm, corporation, agent, or employee thereof who violates the provisions of Article
41
Three of this ordinance shall be guilty of a misdemeanor and upon conviction hereof shall be
42
fined One Hundred Dollars ($100.00) per diameter inch of the tree(s) removed or damaged.
43
4
Any person, firm, corporation, agent or employee thereof who violates any other provisions of
4
this ordinance shall be guilty of a misdemeanor and upon conviction hereof shall be fined not
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, .1997 (6:57pm) -76
to exceed Five Hundred Dollars and No Cents ($500.00) for each incident. The unlawful injury,
destruction or removal of each protected tree shall be considered a separate incident and each
3C incident subjects the violator to the maximum penalty set forth herein per tree.
4
5 a. Removal of Public Trees: It shall be deemed a violation of this ordinance for any person
6 or firm to engage in the business or occupation of pruning, treating, or removing street
7 or park trees within the City without first procuring approval from the Landscape
8 Administrator.
9
10
11 11.0 SEVERABILITY
12
13 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
14 paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence,
15 paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment
16 or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any
17 of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since
18 the same would have been enacted by the City Council without the incorporation in this
19 ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
20
21
22 12.0
2
CONFLICTING ORDINANCE
2
This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the
25
City; and this Ordinance shall not operate to repeal or affect any of such other ordinances except
26
insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this
27
Ordinance, in which event such conflicting provisions, if any, in such other ordinance or
28
ordinances are hereby repealed.
29
30
31 13.0
SAVINGS CLAUSE
32
33
All rights and remedies of the City of Southlake are expressly saved as to any and all violations
34
of the provisions of any ordinances affecting the regulations for installation of landscaping
35
improvements which have accrued at the time of the effective date of this ordinance; and, as to
36
such accrued violations and all pending litigation, both civil and criminal, whether pending in
37
court or not, under such ordinances, same shall not be affected by this ordinance but may be
38
prosecuted until final disposition by the courts.
39
40
41
42
43
4
4
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, }997 (6:57pm) -7&2,(f
4
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
14.0 PUBLICATIONS CLAUSE
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.
15.0 EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
16.0 APPENDICES
It is anticipated that the following appendices will be changed periodically by the Landscape
Administrator in response to changes in the administration of this ordinance.
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, 1997 (6:57pm) 7■✓ ZS
PASSED AND APPROVED ON FIRST READING ON THIS
3
C _,19
4 ATTEST:
5
6
7
8 MAYOR CITY SECRETARY
9
10
11
12
13
14 PASSED AND APPROVED ON SECOND READING ON THIS
15 ,19
16
17 ATTEST:
18
19
20
21 MAYOR CITY SECRETARY
22
23(,24
25
26 APPROVED AS TO FORM AND LEGALITY:
27
28
29
30
31 City Attorney
32
33 Date Adopted:
34
35 Effective Date:
DAY OF
DAY OF
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, 1997 (6:57pm) ? 8
4
5
6
APPENDIX A
TREE SUMMARY
The following is a summary of representative trees for each category of tree.
7
Common Name
8
Pecan
9
Cedar Elm
10
Shumard Red Oak
11
Texas Red Oak
12
Live Oak
13
Bur Oak
14
Post Oak
15
Black Jack Oak
16
Lacebark Elm
17
Chinese Pistache
18
Sweetgum
19
Austrian Pine
20
Chinquapin Oak
21
Southern Magnolia
22
Bald Cypress
23
Caddo Maple
24
Texas Hickory
25
Western Soapberry
26
Red Cedar
2( 2
2 9 Common Name
30 Cottonwood
31 Mesquite
32 American Elm
33
Slash Pine
34
Honeylocust
35
Japanese Black Pine
36
Deodar Cedar
37
38
39
Common Name
40
Redbud
41
Mexican Plum
42
PQssumhaw Holly
43
Golden Raintree
44
Yaupon Holly
45
Cherry Laurel
46
River Birch
47
Eves Necklace
48
Persimmon
49
Rusty Blackhaw
50
Wax Myrtle
51
r�
QUALITY TREES
Botanical Name
Carya illinoensis
Uhnus crassifolia
Quercus shumardii
Quercus texana
Quercus virginiana
Quercus macrocarpa
Quercus stellata
Quercus marilandica
Ulmus parvifolia
Pistacia chinensis
Liquidambar styraciflua
Pinus nigra
Quercus muhlenbergii
Magnolia grandiflora
Taxodium distichum
Acer barbatum 'Caddo'
Carya texana
Sapindus drummondii
Juniperus virginiana
Identification Notes
Pecan fruit, compound leaves
Deciduous, 1 %2" dark green leaves
Deep pointed lobes in leaves
Vertical multi -trunk shape
1 %" dark green pointed leaves
Large acorn, leaf border at end
Deep lobes, rounded tip on leaf
Leathery 3 "-7" leaf, no lobes
Small dark serrated green leaves
3" sickle leaflets, fall color
Star shaped leaf
Two needles
Oblong 4"-6" serrated leaf
Large evergreen Leaf, white flower
Feather -like foliage, fall color
Five -lobed leaf
Five leaflets, 1 %2" nut
18" compound leaf, V? clear fruit
Native, pyramidal shape
MARGINAL TREES
Botanical Name
Identification Notes
Populus deltoides
Deep fissures in bark, heart shape leaf
Prosopis glandulosa
Lacy open foliage, 10" bean fruit
Uhnus americana
'V' shaped main branching
Pinus elliotti
Tall cylindrical shape
Gleditsia triacanthos
Lacy foliage, thornless variety only
Pinus thunbergii
Twisted growth, dark green needles
Cedrus deodara
Large pyramidal evergreen
UNDERSTORY TREES
Botanical Name
Identification Notes
Cercis canadensis
Purple/white flower in spring
Prunis mexicana
White flower, exfoliating bark,thorns
Ilex decidua
Showy orange/red fruit, deciduous
Koelrutaria paniculata
Yellow flower, panicled fruit
Ilex vomitoria
Evergreen, light bark, red fruit
Prunus caroliniana
Glossy evergreen foliage, shrubby
Betula nigra
White flaky bark
Sophora affmis
Dull green tear -dropped shape leaf
Diospyros virgininana
Thin, smooth, pale grey bark
Viburnum rufidulum
Glossy, dark green leaved, white flowers
Myrica cerifera
Light olive-green leaves, pale blue berries
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, ,1997 (6:57pm) -76-277
1
2
3
7
8
9
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12
13
14
15
16
APPENDIX B
CITY OF SOUTHLAKE - TREE -REMOVAL PERMIT APPLICATION
DEVELOPMENT NAME: LOT:
STREET ADDRESS:
OWNER
NAME:
ADDRESS:
17 PHONE:
18 I hereby certify that this application meets the requirements of the Tree Preservation Ordinance and further certify that all
19 construction pertaining to this project shall meet the requirements of the Tree Preservation Ordinance.
20
21 Signed: Title: Date:
2 2
23 For City Use Only: I hereby acknowledge receipt of this application and the application fee in the amount of $ on
24 this the day of , 19
25
26 Signed: Title:
2 7
28 Shown Not
29 On Plan Applic.
3
32
CONTRACTOR/BUILDER
BLOCK:
33
34
35
36
37
38
39
40
41
42
43
GENERAL INFORMATION
Appropriate title (i.e. Tree Removal Permit Exhibit)
Title block includes street address, lot and block, subdivision name
Title includes City and date of preparation
North arrow, graphic and written scale in close proximity
Name, address and phone of owner
Name, address and phone of person preparing the exhibit
Location of tree(s) to be removed is tied down with dimensions from two nearest property lines
Location of all R.O.W. lines and public easements
Location of buildings, structures, pools and other improvements
Areas of cut/fill and flow lines
Caliper and common name of tree(s) to be removed
Any required replacement tree(s) shown with caliper size and common name —of tree
Limits of construction line shown
44 Reason Tree Must be Removed:
4 5
46
47 Permit for tree removal approved the day of , 19
48
49 By: _
50
51 Notes: _
52
53
54
55
Title:
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, 1997 (6:57pm) 7 &20
APPENDIX C
CONSTRUCTION PLAN REQUIREMENTS
The following shall be required as a part of all construction plans submitted to the City
when -tree removal or tree protection is required during any phase of site work or construction.
1. A Tree Preservation Detail Sheet shall include the following at a minimum.
a. The requirements of section 6.2 - 6.4 shall be noted.
b. A graphics legend to be used throughout the plans for the purposes of showing the
following: Trees to be flagged, protective fencing, trees requiring bark protection,
boring, areas of cut and fill impacting protected trees.
C. Graphic tree exhibit showing the features of a tree to include the critical root zone,
trunk, canopy, drip line and method of caliper measurement (per Appendices D &
E).
d. Graphic exhibits showing methods of protection to include snow fences, boarded
skirts, etc.
e. Graphic exhibits showing construction methods to include grade changes, boring,
trenching etc.
f. Graphic exhibit showing appropriate pruning practices (per Appendix G).
2. All requirements of the Tree Preservation Ordinance shall be shown graphically on all
applicable sheets within the construction plans.
3. Documents as required in Schedules A and B herein.
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, 1997 (6:57pm) -79-2-
1
2
3
L
4
APPENDIX D
TREE EXHIBIT
5 CRITICAL ROOT ZONE (CRZ)• The area of undisturbed natural soil around a tree defined by a
6 concentric circle with a radius equal to the distance from the trunk to the outermost portion of the
7 dripline.
8
9 DRIP LINE: -A vertical line run through the outermost portion of the canopy of a tree and
10 extending to the ground.
L
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, 1997 (6:57pm) (g—�O
1
2
3
�J
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2
27
28
29
30
31
32
33
34
35
36
37
38 t
39
40
41
42
43
44
45
46
4
4
APPENDIX E
MEASUREMENT METHODS
ON A SLOPE
Lines of Measur
4'-6'
Measurement
IRREGULAR SWELLING
(Requires Discretion)
MULTI -STEMMED TREE LEANING TREE
Source: COA
Diameter Measurement: The diameter of the protected tree shall be measured as shown. The
diameter of a multi -trunk tree shall be determined by adding the total diameter of the largest
trunk to % the diameter of each additional trunk.
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, 1997 (6:57pm)
1
2
3
(W
APPENDIX F
EXAMPLE BUILDER SITE PLAN
----�to' U-rILI-Ty t5MT— ----
RL'PLAtamm T
x
T1Ucc
t o zoo
1
`` 12�� POST OAK
To 0E
PRCSBRveo TREE p1EMoveo
T`(PIGAL 13`( PERmtT
3 �
Jz +
L1=GiEND
+ Ex,sT,►+4 Ttr:e
to TXLVS To
INEMYED 8e {. .= Ye REMAIN
°- ICE P70
o. I
I HOUSE, � PRoPcsEo
( = REpt-hr-St-w-Wr TREES
1
+ I 1 �+
O
I 411014E O
1
`f ° RFD 'I' ; O P%K i
OAK A
a 3
51 DEW qLy
4Rr.SS
5
6 '
7 TREE REMOVAL PERMIT REQUEST
8 Prepared by Owner:
9 2143 Oak Street, Southlake - 4/18/93
10
11
12
TREES TO 15S
KemoVED
Mr. Tree Saver
1913 Spruce Street
Dallas, Tx. 70418
Ph: 214-240-2108
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, 1997 (6:57pm) 7&-32—
1
2
3
s
4
5
A
APPENDIX G
TREE PRUNING RECOMMENDATIONS
branch
bark ridge
When removing a branch, always cut outside the
branch bark ridge and collar. Do not make a flush
cut.
btanches
codomtnant
atoms
+st branchgs
X"
Trees may have codomtnant stems, as shown on the
left. If a codomtnant stem must be removed, cut at
an angle outside of the bark ridge as shown in the
insert at right. Avoid leaving any stub.
Branches that do not have a distinct collar should be
cut at a right angle to the branch outside the branch
bark ridge.
p�, i� 2 remove limb
collar 1 under cut
3 out stub
outside of collar
When removing heavy limbs, first make an
undercut several inches outside of the collar. Then
remove limb by a second cut an inch or so outside of
the first cut. Remove stub with a third cut just
outside of the collar. 17cucht,19M
(
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9_1997 (6:57pm) 0 0
1
2
3
Le
a
0
APPENDIX H
PREFERRED SURVEY NOMENCLATURE AND LEGEND
(Page 1 of 2)
--V--�--7---
SCALE: I"= 3d
V/W — NO DIS7URakNGE ZONE
0-01"4"
4. - EXIS?iNG TREES Tb SAVE
103 C "N BIND.
SYCAM08F. MW 71M
+yy -TRF-E 'fb REMOvE
*,, — TREES-r0lRANSPLANi
7'Rl:l: SI'RVINING, INC
u!ocr..nn.
C1LJ FILL
IdD.BU•�-----
TREE SURVEY
2411 WALNUT TRAIL
Lot 4R7R1, BLOCK 1
CEDAR ELM ESTATES
THE CITY OF SOUTHLAKE
TARRANTCOUNTY,TEXAS
1.00 ACRES
17 NOVEM13CR 1997
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, .1997 (6:57pm) ��
0
APPENDIX H
PREFERRED SURVEY NOMENCLATURE AND LEGEND
(Page 2 of 2)
-TREE
SURVEY SUMMARY.
#
SPECIES
1DBH—j
CONDITION
COMMENTS
I
Post Oak
15
i
Save
2
Cedar Elm
12
1
Save
3
Post Oak
8
2
Save
4
Black Jack
7
2
Save
5
Post Oak
8
2
Save
6
Cedar Elm
6
1
Save
7
Post Oak
8
3
Remove for driveway
8
Black Jack
7
3
Save
9
Post Oak
6
2
Save
10
Deciduous Holly
2
1
Save
I 1
Ceder Pan
8
2
Save
12
Mexican Plum
3
1
Transplant
13
Post Oak
6
4
Remove for driveway
14
Post Oak
1 I
2
Save
15
Post Oak
9
2
Save
16
Black Oak
12
3
Remove for hottse
17
Cedar Elm
10
1
Save
18
Red Bud
3
1
Transplant
19
Post Oak
10
2
Save
20
Deciduous Hotly
2
1
Save
21
Black lack
7
11 3
Save
22
Juniper
3
1
Save
23
Cedar Elm
9
2
Save
24
Chittam Wood
7
I
Save, multi-trunked
25
Cedar Elm
8
1
Save
26
Post Oak
8
1
Save
27
Juniper
4
3
Remove for house
28
Red Bud
3
3
Remove for house
29
Post Oak
16
4
Remove for house
30
Mexican Plum
3
3
Remove for house
31
Black Jack
7
3
Remove for house
32
Red Oak
4
1
Transplant
33
Cedar Elm
10
1
Save
34
Cedar Elm
7
I
Save
35
Post Oak
18
3
Save
36
M
10
4
Remove, Diseased
37
Post Oak
8
2
Save
38
Cedar Elm
9
2
Save
39
Cherry Laural
3
1
Transplant
40
Post Oak
10 1
2
Save
41
Juniper
4
1
Save
42
Persimmon
6
1
Save
Condition Codes: l = Excellent, 2 = Good, 3 = Fair, 4 = Poor, 5 = Dead
-STATEMENTS-
1. Tree Grouping less than four inch (41 DBH, consists of approximately ten (10) Cedar Elms and Post
Oaks. This area will be selecfivly thinned allowing the best trees to remain.
2. A one time clearing of underbrush on the entire site will occur before construction begins.
3. All protected trees on the property within forty feet (40') of the construction area shall be flagged with
orange vinyl tape wrapped around the main hunk at a height of four feet (4').
4. Protected Trees to be saved within twenty feet (20') of the construction area shall be surrounded by
four feet (4) high orange vinyl fencing at the Critical Root Zone.
5. Trees within the immediate arcs of construction shall be protected by enclosing the entire circumference
of the tree trunk with 2"x 4" lumber.
6. The entire width of the "No Disturbance Zone" will be flagged off with orange vmyttape and no
construction equipment or workers will be allowed to intrude, except for the one-time clearing of
underbrush.
7. All trees to be remove will be cut at ground level and stumps will be ground below grade. If stumps are
removed trenching will first occur around the foot collar of the removed tree to sever any roots.
8. All transplanted trees will be contained on site for the duration of constriction and utilized in the
finished landscape.
Oww/De-Ibper
FIST M II'tMeraDR, ilt
105 E. ASH BLVD.
SYCAMORE, TEXAS 79990
(670)436.7990
Surveyun:
TREE SURVEYING, INC.
102 WILLOW ST.
CEDAR TEXAS 76543
(450)207-6754
2411 WALNUT TRAIL
Lot 4R7R1, BLOCK 1
CEDAR ELM ESTATES
THE CITY OF SOUTHLAKE
TARRANT COUNTY, TEXAS
1.00 ACRES
17 NOVEMBER 1997
L:\CITYDOCS\ORD\DRAFT\TREE\585-A\DRAFT6.WPD dated December 9, 1997 (6:57pm) -7Q —2S
City of Southlake, Texas
STAFF REPORT
December 12, 1997
CASE NO: ZA 97-136 PROJECT: Second Reading / Ordinance No. 480-262
Rezoning and Site Plan - The Cou , and
at Timarron
STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743
Dennis Killough, Planner II, 481-5581, ext. 787
REQUESTED ACTION: Zoning Change on property legally described as being Lot 2,
Hall Medlin No. 1038 Addition, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat
recorded in Cabinet A, Slide 2495, Plat Records, Tarrant
County, Texas, and being approximately 4.855 acres. A Site
Plan for The Courtyard at Timarron will be considered with
this request.
LOCATION: Southeast corner of the intersection of South White Chapel
Boulevard and East Continental Boulevard.
OWNER: Westerra - Timarron, L.P.
APPLICANT: Realty Capital Corporation
CURRENT ZONING: "R-PUD" Residential Planned Unit Development District
with "C-2" Local Retail Commercial District uses.
REQUESTED ZONING: "S-P-1" Detailed Site Plan District with "0-1" Office District
uses
LAND USE CATEGORY: Mixed Use
NO. NOTICES SENT: Fourteen (14)
RESPONSES: None
P&Z ACTION: October 23, 1997; Approved (5-0-1) subject to Site Plan
Review Summary No. 1, dated October 17, 1997, deleting
Items #4a and #4b (parking requirements) to allow a ratio of
one (1) parking space per every 275 s.f. of building floor area
and not to exceed 33% medical uses.
7C� �
City of Southlake, Texas
i
I
COUNCIL ACTION: November 4, 1997; Approved (6-0) First Reading on consent.
November 18, 1997; Approved (6-0) the applicant's request
to table and to continue the Public Hearing to December 16,
1997, City Council meeting.
STAFF COMMENTS: The applicant has met all requirements of Site Plan Review
Summary No. 1, dated October 17, 1997, and Site Plan
Review Summary No. 2, dated October 31, 1997, with the
exception of those items listed in the attached Site Plan
Review Summary No. 3, December 12, 1997.
L:\WP-FILES\MEMO\97CASES\97-136ZS.WPD
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Ref.
Owner
Zoning
I
City of Southlake
AG
2
Timarron Land Corp.
AG
3
1190 Adams Lane. Inc.
SF -(A
4
Timarron Land Corp.
PUD
5
J. Lovick
PUD
6
M. Heath
PUD
7
E. Kendall
PUD
8
R. Bradshaw
PUD
9
G. Trenor
PUD
10
A. Manison
PUD
11
M. Schneider
PUD
12
W. Flaherty
PUD
13
P. Webster
PUD
14
D. Bolton
PUD
15
F. Ritz
C-1
16
TR E-Systems Inc. Pool Trust
SF-
20A
17
Timarron Land Corp.
PUD
18
Timarron Land Corp.
PUD
City of Southlake, Texas
SITE PLAN REVIEW SUMMARY
No.: ZA 97-136 Review No: Three Date of Review: 12/12/97
Project Name: Site Plan - for "S-P-1" Zoning w/"04" uses - The Courtyard at Timarron Lot 2 Hall
Medlin No. 1038 Addition
APPLICANT:
Realty Capital Corporation
2425 E. Southlake Blvd.. Suite 150
Southlake. Texas 76092
Phone: (817) 488-4200
Fax :(817) 488-5257 Attn: Richard Myers
ARCHITECT:
CnK Associates Inc.
2045 N. Highway No. 360, Suite 160
Grand Prairie, Texas 75050
Phone: 817) 640-0100
Fax :(817)6 3-3309Attn: Khit
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/10/97 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 required parking ratio for general office is 1 space per 300 sf of floor area and the required ratio
for medical / dental is 1 space per 150' sf of floor area with 8 spaces provided for the first 1000 sf.
The applicant has requested a reduction in parking ratio to 1 space per 275 sf for all permitted uses.
The required parking with a maximum of 15,000 sf of medical / dental use, as proposed, is 204 spaces.
The applicant proposes 163 spaces.
(P&Z ACTION October 23, 1997: delete)
2. Change `Bldg. Areas" to "Total Floor Area" in the Site Data Summary.
P&Z ACTION.•
October 23, 1997; Approved (5-0-1) subject to Site Plan Review Summary No. 1, dated October 17,
1997, deleting Items #4a and #4b (parking requirements) to allow a ratio of one (1) parking space
per every 275 sf of building floor area and not to exceed 33% medical uses.
COUNCIL ACTION. -
November 4, 1997; Approved (6-0) First Reading on consent.
November 18, 1997; Approved (6-0) the applicant's request to table and to continue the Public
Hearing to December 16, 1997, City Council meeting.
This plan review is based upon the "0-1" Zoning District regulations.
Please be aware that plant locations shown on this plan are conceptual and may change upon detailed
review of the landscape plan for this development.
No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
-7c-s
City of Southlake, Texas
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: Realty Capital Corporation, CnK Associates Inc.
LAWP-FILES\REV\97\97136SP2. W PD
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-262
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
LOT 2, HALL MEDLIN NO. 1038 ADDITION, BEING
APPROXIMATELY 4.855 ACRES SITUATED IN THE H.
MEDLIN SURVEY, ABSTRACT NO. 1038, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "R-PUD" RESIDENTIAL PLANNED UNIT
DEVELOPMENT DISTRICT WITH "C-2" LOCAL RETAIL
COMMERCIAL DISTRICT USES TO "S-P-1" DETAILED SITE
PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES,
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
(aloe HEREIN MADE; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and
to amend said ordinance and map for the purpose of promoting the public health, safety, morals
and general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "R-pud" Residential
Planned Unit Development District with "C-2" Local Retail Commercial District uses" under the
City's Comprehensive Zoning Ordinance; and
G: \ORMZON I NG\480.262
Page 1
7C -10
31
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 4.855 acre tract of land situated in the Lot 2, Hall Medlin No. 1038
Addition, and more fully and completely described in Exhibit "A" attached hereto
and incorporated herein, from "R-PUD" Residential Planned Unit Development
District with "C-2" Local Retail Commercial District uses to "S-P-1" Detailed Site
Plan District with "O-1" Office District Uses.
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.
G: \OR D\ZONING\d80.262
Page 3
-te- f I
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 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.
(W NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
G: \ORD\ZONING\480.262
Page 2
-7C-12-
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 courtg.
Section 9. The City Secretary of the City of Southlake is hereby directed to publish
the proposed ordinance or its caption and penalty together with a notice setting out the time and
place for a public hearing thereon at least ten (10) days before the second reading of this
ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for
any violation of any of its provisions, then the City Secretary shall additionally publish this
ordinance in the official City newspaper one time within ten (10) days after passage of this
ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
Section 10. This ordinance shall be in full force and effect from and after its passage
and publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of , 1995.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 1995.
G:\OR D\ZONING\480.262
Page 4
MAYOR
ATTEST:
-7 C-13
A
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
G:\0RD\Z0NlNG\480.262
Page 5
CITY SECRETARY
-7c,f
EXHIBIT "A"
C.,
BEGINNING AT A 5/8" IRON ROD FOUND FOR THE NORTHWEST CORNER OF COMMON
GREEN 3 OF THE FINAL PLAT OF TIMARRON PHASE ONE SECTION TWO BENT CREEK, AN
ADDITION TO THE CITY OF SOUTHLAKE RECORDED IN CABINET A SLIDE 1015 P.R.T.C.T.;
THENCE S 00'31'32" W. ALONG THE WEST LINE OF SAID COMMON.. -GREEN 3, A
DISTANCE OF 404.28 FEET TO A 5/8" IRON FOUND FOR T14E SOUTHWEST CORNER OF
SAID COMMON GREEN 3, SAID POINT BEING IN THE NORTH LINE OF BLOCK 6 OF SAID
TIMARRON PHASE ONE SECTION TWO;
THENCE ALONG THE NORTH LINE OF SAID BLOCK 6, THE FOLLOWING FOUR COURSES
AND DISTANCES;
N 8728'01" W, A DISTANCE OF 31.47 FEET TO A 5/8" IRON ROD FOUND;
S 88'23'28" W. A DISTANCE OF 115.09 FEET TO A 5/8" IRON ROD FOUND;
S 0938'50" W. A DISTANCE OF 5.00 FEET TO A 5/8" IRON ROD FOUND;
N 89'44'48" W, A DISTANCE OF 420.15 FEET TO A 5/8" IRON ROD CAPPED
"CARTER & BURGESS" SET IN THE EAST RIGHT-OF-WAY LINE OF SOUTH
WHITE CHAPEL BOULEVARD (VARIABLE WIDTH R.O.W.);
THENCE ALONG SAID EAST RIGHT-OF-WAY LINE, ALONG A CURVE TO THE RIGHT HAVING
A RADIUS OF 988.00 FEET. A DELTA ANGLE OF 24'32'06". A. LONG CHORD THAT BEARS
(40", N 21'37'09" E A DISTANCE OF 419.85 FEET. AN ARC DISTANCE OF 423.08 FEET TO A
5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR THE SOUTHWEST CORNER OF
LOT 1 OF SAID LOT 1 & LOT 2 HALL MEDLIN NO. 1038 ADDITION;
THENCE S 8744'48" E, ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 123.56
FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" 'SET FOR THE SOUTHEAST
CORNER OF SAID LOT 1;
THENCE N 0915'12" E. ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 77.1.6
FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGEST, SET FOR THE NORTHEAST
CORNER OF LOT 1, SAID POINT BEING IN THE SOUTH RIGHTr OF -WAY LINE OF EAST
CONTINENTAL BOULEVARD (VARIABLE WIDTH R.O.W.);
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, THE FOLLOWING TWO COURSES AND
DISTANCES;
ALONG A CURVE TO THE RIGHT HAVING A RADIUS 0 774.50 FEET, A DELTA
S
ANGLE OF 11'43'10", A LONG CHORD THAT BEARS 78'46'00" E A
DISTANCE OF 158.14 FEET, AN ARC DISTANCE OF 15P.42 FEET TO A 5/8"
IRON ROD CAPPED "CARTER & BURGESS*. SET FOR CORNER;
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 825.50 FEET, A DELTA
ANGLE OF 09'42'Og'. A LONG CHORD THAT BEARS S 7745'29" E
DISTANCE OF 139.62 FEET, AN ARC DISTANCE OF;- 139.79 FEET TO 'THE =.-
POINT OF BEGINNING, AND CONTAINING 4.855 ACRES OF LAND. MORE -OR .
LESS.
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City of Southlake, Texas
STAFF REPORT
December 12, 1997
CASE NO: ZA 97-149 PROJECT: Site Plan - Lot 25R-1. Block 1, Woodland
Heights Addition
STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787
Karen Gandy, Zoning Administrator, 481-5581, ext. 743
REQUESTED ACTION: Site Plan for Lot 25R-1, -Block 1, Woodland Heights Addition, an
addition to the City of Southlake, Tarrant County, Texas, according
to the plat recorded in Cabinet A, Slide No. 1681, Plat Records,
Tarrant County, Texas, and being approximately 1.95 acres.
LOCATION: Southeast corner of Westwood Drive and F.M. 1709 (East Southlake
Boulevard).
OWNER/APPLICANT: Telesupport/Patrick Monahan
CURRENT ZONING: "C-1" Neighborhood Commercial District
LAND USE CATEGORY: Mixed Use
CORRIDOR
RECOMMENDATION: Office Commercial
NO. NOTICES SENT: Nine (9)
RESPONSES: Two (2) responses from within the 200' notification area were
received:
• Donald and Mary Light, 200 Westwood Drive, Southlake,
Texas, undecided about. "Please consider parking and traffic
access from F.M. 1709 (or entering)."
• Kinetic Research & Engineering, Craig Willan, 175
Westwood Drive, Southlake, Texas, 'in favor. Mr. Willan
verbally stated on November 20, 1997, that he likes what he
sees as a site plan
P&Z ACTION: November 20, 1997; Approved (7-0) to table and to continue the
Public Hearing to the December 4, 1997, Planning and Zoning
Commission meeting.
City of Southlake, Texas
December 4, 1997; Approved (5-1) subject to Site Plan Review
Summary No. 1, dated November 14, 1997, eliminating the south and
east pole lights; eliminating the flood lights on the south side of the
building, and accepting the applicant's agreement to immediately
begin construction of the street improvements.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 1, dated November 14,
1997.
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City of Southlake, Texas
SITE PLAN REVIEW S ARY
Qe No: ZA 97-149 Review No: On Date of Review: 11/14/97
Project Name:
APPLICANT: SURVEYOR:
Teles=1wrt William E. Hickey
3733 Oak Wood 1384 Sh.•Lane #1407
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/27/97 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF 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.
Change the title to read: "Site Plan for Telesupport East Campus..."
2. Correct the metes and bounds description on the property boundary to match the Plat Revision of Lots
25R-1 and 25R-2 filed on April 28, 1994 in Cabinet `A' and Slide #1681.
Label and dimension adjacent travel roadwaywidths.
4. Correct the bufferyard and interior landscape calculation charts on the plan per the attached charts.
Required number of plant materials or greater must be provided. The applicant has indicated a reduction
in some areas.
5. Provide and/or correct the following items in the Site Data Summary Chart (by phase and in total):
Site Data Summary Phase I Phase 11 Total
Percentage of Site Coverage
Area of Open Space (natural or permeable areas unencumbered by structures or pavements)
Percentage Open Space (percentage of natural or permeable areas unencumbered by structures or
)9avements)
Proposed Bldg. Area per Bldg. (bldg. footprints in sf.)
Number of Stories
Floor Area By Use (in s f)
Correct the building numbers. Building # 1 is listed twice. Add building numbers to the graphic.
6. Show the square footage of the footprint of each building and the gross floor area on the graphic.
Show the height of the proposed flagpole, noting that it cannot exceed thirty-five (35') feet.
1 Dr 7
City of Southlake, Texas
8. Provide a utility plan showing existing water and sewer lines and any proposed connections to city water
and sewer. Change the labeling of the sanitarysewer cleanout to read existing water valve. Label the
./ type of manhole located along the front of the property.
9. Show the existing 10' U.E. along the north property line adjacent to East Southlake Blvd. as shown on
the filed plat revision.
10. Provide a grading plan which shows the proposed finished grade of the site, with contour intervals not
exceeding two (2) feet. Spot elevations must be shown at all critical points, including but not limited
to edges of pavement, curb returns, building corners, drainage paths, etc. Include directional flow arrows
in all flow lines, and label all existing drainage structures with size, type and flow line elevation. Also
show centerline of water courses and existing drainage easements.
11. Clarify the relationship of building elevation and finished grade on the south side of the building on the
elevation exhibit.
12. Note the benchmark used for the topographical information. This should correspond to a City approved
benchmark.
13. Staff recommends that the applicant provide a sidewalk along F.M. 1709 for off-street in conformance
with the Trail Master Plan.
4. All fire lanes must have a minimum 30' interior radii and minimum 54' exterior radii.
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 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, 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.
Protected trees cannot be removed outside of 12' from the proposed building without processing a Tree
Removal Permit or without approval by the Planning and Zoning Commission. Cuts or fills greater than
4 inches within the limits of the critical root zone of protected trees are not permitted unless adequate
construction methods are approved by the Landscape Administrator.
Denotes Informational Comment
Bufferyard and Interior Landscape Calculation Chart
Patrick Monahan and William E. Hickey
L:kCOMDEV%WP-FILEMV\971971:95P1 WPD
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-46-
City of Southlake, Texas
MEMORANDUM
December 12, 1997
TO: Curtis E. Hawk, City Manager
FROM: Darcey Imm, Assistant to the City Manager
SUBJECT: Ordinance No. 690, Approving the Final Project and Financing Plan for Tax
Increment Reinvestment Zone Number One, City of Southlake
This Ordinance approves the Project and Financing Plan for the Reinvestment Zone. The Project and
Financing Plan were unanimously approved by the Reinvestment Zone Board on Friday December 12
with the following modifications.
• The cost of the Administration Building will be increased to $10 Million.
• The school facilities (middle school, intermediate school, and transportation
facility) will be removed from the project list.
• The Reinvestment Zone will exist for a maximum of 20 years.
The boundaries will be reduced to include only the original 256 acres presented in
the September 23 Project and Financing Plan.
According to statute these last two items must occur by Ordinance. We will have first reading of
such an ordinance at the January 6th Council Meeting.
A revised Project and Financing Plan are not included with this memo, however the revised sections
of the plan (discussed above) will be available at the Council Meeting.
Please contact me with any questions or concerns regarding this Ordinance.
49&
ORDINANCE NO. 690
AN ORDINANCE approving the Project and Finance Plan
for Tax Increment Reinvestment Zone Number One, City
of Southlake, Texas; and resolving other matters
incident and related thereto.
WHEREAS, the City Council of the City of Southlake, Texas (the
"City"), passed Ordinance 682 creating a Reinvestment Zone as
authorized by the Tax Increment Financing Act, V.T.C.A., Tax Code,
Chapter 311 (the "Act")on September 23, 1997; and
WHEREAS, the City, after public hearing, passed Ordinance 682-A
extending the life of the Zone and expanding the Zone boundaries on
December 2, 1997; and
WHEREAS, the Reinvestment Zone Board approved the Project and
Financing Plan on December 12 and has presented it for City Council's
L.consideration; and
WHEREAS, in accordance with Section 311.011 (d), the City must
approve a final reinvestment zone project and financing plan
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 finance 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 reinvestment zone project and financing plan
being attached hereto as Exhibit A; and
WHEREAS, the City Council finds the Project and Financing Plan
feasible and conforms to the City's Master Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
(40., SECTION 1: The facts and recitations contained in the preamble
of this ordinance are hereby found and declared to be true and
n E-- z
A
correct.
ECTION 2: If any section, paragraph, clause or provision of
this Ordinance shall for any reason be held to be invalid or
unenforceable, the invalidity or unenforceability of such section,
paragraph, clause or provision shall not affect any of the remaining
provisions of this Ordinance.
SECTION 3: 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 4: This Ordinance shall take effect and be in force
immediately from and after its passage on the date shown below.
PASSED ON FIRST READING, December 2, 1997.
PASSED ON SECOND READING AND ADOPTED, this 16th day of December,
1997.
CITY OF SOUTHLAKE, TEXAS
Mayor
ATTEST:
City Secretary
(City Seal) APPROVED AS TO LEGALITY:
City Attorney
City of Southlake, Texas
11
STAFF REPORT
December 12, 1997
CASE NO: ZA 97-150 PROJECT: First Reading / Ordinance No 480-264
Rezoning and Revised Site Plan - Georgetown
Park
STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787
Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743
REQUESTED ACTION: Zoning Change on property out of the Thomas Easter Survey,
Abstract No. 474, Tract 2A3A, being approximately 1.22 acres and
a Revised Site Plan for Georgetown Park, being approximately 6.63
acres out of the Thomas Easter Survey, Abstract No. 474, Tracts
2A3A, 2A3C, and Lot 1, Block 1, Georgetown Park, an addition to
the City of Southlake, Tarrant County, Texas according to the plat
recorded in Cabinet A, Slide No.3434, Plat Records, Tarrant County,
Texas. A Revised Site Plan for Georgetown Park will be considered
with this request.
LOCATION: 2400-block of East Southlake Boulevard, being approximately 600'
east of Bluebonnet Drive on the south side of East Southlake
Boulevard
OWNER: Georgetown Monticello Partners, Ltd.
APPLICANT: Realty Capital Corporation
CURRENT ZONING: "CS" Community Service District
REQUESTED ZONING: "C-2" Local Retail Commercial District
LAND USE CATEGORY: Mixed Use
CORRIDOR
RECOMMENDATION: Retail Commercial
NO. NOTICES SENT: Fifteen (15)
RESPONSES: Three (3) responses within the 200' notification area were received:
G. M. Nettleton, 2611 E. Southlake Boulevard, Southlake,
Texas, in favor.
City of Southlake, Texas
Liberty Bank (Gary Price) 2438 E. Southlake Boulevard,
Southlake, Texas, in favor.
Roy E Lee, 2620 E. Southlake Boulevard, Southlake, Texas,
in favor.
P&Z ACTION: November 20, 1997; Approved (7-0) to table and to continue the
Public Hearing to the December 4, 1997, Planning and Zoning
Commission meeting.
December 4, 1997; Approved (6-0) subject to Revised Site Plan
Review Summary No. 1, dated November 26, 1997, deleting Items
# 1 b, 1 c, and 1 d, and accepting the bufferyards and interior
landscaping as shown on the plan, and accepting the articulation
(Item # 12) as shown.
STAFF COMMENTS: The applicant has met all items in Revised Site Plan Review
Summary No. 1, dated November 26, 1997, with the exception of
those items in the attached Site Plan Review Summary No. 2, dated
December 12, 1997.
L:\COMDEV\WP-FILES\MEMO\97CASES\97-150ZS.WPD
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City of Southlake, Texas
No: ZA 97-150 Review No: Two Date of Review: 1 7
APPLICANT:
"MMOM=
-::
ARCHITECT:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/09/97 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 bufferyards and interior landscape:
a. Bufferyards are required along all perimeter lot lines. Correct the required lengths and
plantings to reflect this. The applicant has proposed an offset from the bufferyards along the
west and south as shown on the plan. Required bufferyards, lengths and plantings are as shown
on the attached chart. (P & ZAction 12/04/97. delete)
b. 75% or more of the required interior landscape area for this building must be at the front and
sides of the building.
2. Utility easements filed by previous plat or by separate instrument which encroach into the proposed
building must be abandoned prior to construction.
3. Show the proposed finished grade of the site, with contour intervals not exceeding two (2) feet. Spot
elevations must be shown at all critical points, including but not limited to edges of pavement, curb
returns, building corners, drainage paths, etc. Include directional flow arrows in all flow lines, and
label all existing drainage structures labeled with size, type and flow line elevation. Also show
centerline of water courses and existing drainage easements.
4. Note the benchmark used for the topographical information. This should correspond to a City
approved benchmark.
5. Correct the building height in the site data to reflect UBC standard height measurement. The
maximum permitted UBC height is 35'. The proposed UBC height for this building appears to be
approximately 30'. Change "Proposed Bldg. Areas" to "Floor Area".
City of Southlake, Texas
6. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.1.c.
on all facades. Compliance with the articulation requirements is as shown on the attached articulation
+� evaluation chart. (P & ZAction 12104197. Allow as shown)
P&Z ACTION.•
November 20, 1997, Approved (7-0) to table and to continue the Public Hearing to the December 4,
1997, Planning and Zoning Commission meeting.
December 4, 1997, Approved (6-0) subject to Revised Site Plan Review Summary No. 1, dated
November 26, 1997, deleting Items #1 b, 1 c, and 1 d, and accepting the bufferyards and interior
landscaping as shown on the plan, and accepting the articulation (Item #12) as shown.
* A revised site plan will be required prior to issuance of any building permit for any structures shown
within area of the Approved Preliminary Plat of Lot 2, Block 1 Georgetown Park.
* 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 Plat must be processed and
filed, in the County Plat Records, 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
att: Articulation Evaluation Chart, Bufferyard Calculation Chart
cc: Realty Capital Corp, CNK Associates
L:\COMDEV\WP-FILES\REV\97\97150SP2.WPD
Articulation Evaluation No.2
Case No. ZA 97-150 Date of Evaluation: 12/12/97
vations for Bldg. No. 4 Georgetown Park Ph. III
eived 12/09/97
Front - facing:
North Wall ht. =
10
Horizontal articulation
Vertical articulation
Required Provided
Delta
Okay? Required Provided
Delta
Okay?
Max. wall length
30 22
-27%
Yes 30 21
-30%
Yes
Min. artic. offset
2 3
50%
Yes
Min. artic. length
5 11
120%
Yes 4 5
25%
Yes
Rear - facing
Max. wall length
Min. antic. offset
Min. artic. length
Right - facing:
Max. wall length
Min. artic. offset
Min. artic. length
C- facing:
Max. wall length
Min. artic. offset
Min. artic. length
11
A
South Wall ht. = 10
Horizontal articulation
Re uired Provided Delta
2 2 0%
6 12 100%
Vertical articulation
►ka ? Required Provided Delta Okay?
Yes 2 3 50% Yes
Yes 6 12 100% Yes
West
Wall ht. =
10
Horizontal articulation
Vertical articulation
Required
Provided
Delta
Okay?
Required
Provided
Delta
Okay?
30
22
-27%
Yes
30
22
-27%
Yes
2
2
0%
Yes
2
5
150%
Yes
6
13
117%
Yes
6
13
117%
Yes
East
Wall ht. =
10
Horizontal articulation
Vertical articulation
Required
Provided
Delta
Okay?
- Required
Provided
Delta
Okay?
30
22
-27%
Yes
30
22
-27%
Yes
2
2
0%
Yes
2
5
150%
Yes
6
13
117%
Yes
6
13
117%
Yes
OoD" i�
SUMMARY CHART - BUFFERYARDS
Location Length
Bufferyard
Width - Type
Canopy
Trees
Accent
Trees
Shrubs
Fence / Screening
Height & Material
North -
Required
200'
5' - A
2
4
16
none
*Provided
170'
5' - A
2
4
14
none
East -
Required
200'
10'- B
4
6
20
none
Provided
200'
10'- B
4
6
20
none
South -
Required
340'
10'- Fl
10
20
27
Fl Fence and 8'
Screening
*Provided
298'
10'- Fl
9
18
24
8' Wood Screening Fence
West -
Required
200'
10'- B
4
6
20
none
*Provided
165'
10'-Fl
5
10
13
none
* Variance Requested by applicant
Other Comments:
L:\COMDEV\WP-FILES\REV\97\97150BY2.WPD
A
0,V-l�-
A
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 1480-264
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
APPROXMALY l 22 ACRES, LEGALLY DESCRIBED AS
TRACE � y2A3A fi OF THE: THOMAS „ EASIER SURVEY,
ABSTRA 474, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM ''CS" COMMUNITY
SERVICED CT TO "C42" LOCAL R TAII. COh IVIERCIAL
DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "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
L:\CrrYDOCS\ORD\CASES\480-264. WPD
Page 1 0 i1 —
C., 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'approximately 1.22. acres, legally described as Tract 2A3A of the Thomas
L:\CITYDOCS\ORD\CASES\480-264.WPD
Page 2 ^ D �' "7
Easter Survey, Abstract No. 474, from "CS" Community Service District to "C-2"
Local Retail Commercial 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.
L:\CITYDOCS\ORD\CASES\480-264.WPD
Page 3 0
D`
(am.,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.
L
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.
L:\CrrYDOCS\ORD\CASES\480-264.WPD
Page 4
to
MAYOR
A
A
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
L:\CITYDOCS\ORD\CASES\480-264.WPD
Page 5 2,0
A
EXHIBIT "A"
@SING 1.2 acres of land situated in the THOMA5 EA5TER 5URVEY, Abstract No. 474,
Tarrant County, Texas and being that Same tract conveyed to Georgetown Monticello
Partrer5, Ltd. a5 recorded in County Clerk's File Nq. D197152158 and being more
particularly described a5 follow5:
BEGINNING at a 5/8 inch iron rod found in the youth line of E. 5outhlake Blvd. (F.M.
1709) at the northeast corner of a tract conveyed to Georgetown Monticello
Partners, Ltd. as recorded in County Clerk's File No. D196186656;
THENCE: 5 70°47'12" E along Said youth line for a distance of 21.28 feet to a 5/3 inch
iron rod found in the wc5t line of a tract conveyed to G.M. Nettleton et ux as recorded
in Volume 3938, Page 117, Deed Records, Tarrant County, Texas;
THENCE: 5 00°01'33"W along said west line and the west line of a tract conveyed to
Emily 5hanklin as recorded in Volume 6718, Page 747, Deed Records, Tarrant County,
Texas for a distance of 791.91 feet to a 3/4 inch iron pipe found in the north line of a
tract conveyed to Roger Williams a5 recorded in Volume 11862, Page 1685, Deed
Records, Tarrant County, Texas;
THENCE: 5 89°29'27" W along said north lire for a distance of 199.75 feet to a 5/8
inch iron found in the aforementioned east line of Georgetown Morticeilo Partrer'5, Ltd.
tract;
THENCE: N 00°04'06" V/ for a distance of 200.10 feet to a 5/8 inch iron rod found
for corner;
HENCE: N 59-32.29" E continuing along Said line for a distance of 179.98 feet to a
5/8 irch iron rod found for corner;
THENCE: N 00°01'38" E continuing <ilorg said lire for a distance of 599.14 feet to the
POINT OF BEGINNING and CONTAINING 1.2 acres of land, more or le55, a5 5urveyed by
Steven ,V. Hughey, Registered Profe55ional Lard Surveyor, during the month of October
1997.
L:\CITYDOCS\ORD\CASES\480-264.WD
Page 6 ' e lJ - 2
E
Mm
A
A
EXHIBIT "B"
till
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L:\CrrYDOCS\ORD\CASES\480-264.WPD
Page 7
5 D - 2,2-
City of Southlake, Texas
STAFF REPORT
December 12, 1997
CASE NO: ZA 97-155 PROJECT: First Reading/ Ordinance No. 480-265
Rezoning - Cornerstone Business Park, Phase II
STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787
Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743
REQUESTED ACTION: Zoning Change on property out of the C. B. McDonald Survey,
Abstract No.1013, Tracts 1 and 3, and being approximately 67.64
acres.
LOCATION: Approximately 200' southeast of Crooked Lane, southwest of
Cornerstone Business Park, Phase 1, and north of the Dart railway
right-of-way and State Highway No. 26.
OWNER: John R. McDearman
APPLICANT: Southlake Cornerstone Business Park, L.P.
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "I-1" Light Industrial District
LAND USE CATEGORY: Industrial
NO. NOTICES SENT: Twelve (12)
RESPONSES: Four (4) responses within the 200' notification area were received:
• James F. Lunsford, P. O. Box 1685, Dallas, Texas, in favor.
• Ralph Segars, 11132 Yorkspring Drive, Dallas, Texas, in
favor.
' . Pamela Morrison, 710 Whispering Woods Circle, Southlake,
Texas, opposed.
• Iva Lee Johnson, 720 Whispering Woods Circle, Southlake,
Texas, opposed. "I don't want this at my back door. It's in
about 20' or 25' from my house."
A petition was received which stated opposition to straight "I-l"
zoning on Lot 2, Block 2. There was a total of 18 signatures, 10 of
which were within the 200' notification area. (Please see attached
petition)
r
City of Southlake, Texas
P&Z ACTION: This item appeared on the November 20, 1997, Planning and Zoning
Commission meeting agenda but was not heard due to Case
Resolution No. 97-22. It was continued to the December 4, 1997,
Planning and Zoning Commission meeting.
December 4, 1997; Approved (5-0-1) accepting the applicant's
commitment to place an 8' masonry fence, a 20' Type `F-2'
bufferyard, with a 50' building setback for the north side of this tract
adjacent to the residential properties and also along the Kaposta
property if it is still being used as residential when the west portion
of Cornerstone Business Park, Phase II, develops.
STAFF COMMENTS: Please note that a change of zoning to the "I-1" Light Industrial
District does not require a Concept Plan Review by Staff.
L:\COMDEV\WP-FILES\MEMO\97CASES\97-155Z.WPD
Se-2-
ZA 97-155 Impacted Homeowners' Response
31
We have a huge problem with Block Two, Lot 2 of the preliminary
plat of the proposed Cornerstone Business Park -- Phase II getting
zoned straight I-1. The applicant should withdraw this section of
the application and resubmit it as an SP1 with 0-1 uses. I-1 is
simply NOT acceptable to us in this area. We have no objection to
the zoning requested for the remainder of the parcel.
Since we do not wish to delay the applicant's construction on Block
Two, Lot 2, we request the following nine restrictions be placed in
the new zoning application prior to its submittal to Planning and
Zoning:
1) SP1 with 0-1 Uses.
2) Permitted uses shall include any allowed in the 0-1, "Office
District", as stated in the City Zoning Ordinance as of
November 31,-1997, except the following: Banking, Savings and
Loan, Duplication and Mailing Services, Radio Recording and
Television Broadcasting, Travel Bureaus or services, Real
Estate, Bill Paying Services and Community Facility Uses of
any type. These uses are deemed by the neighborhood to be
high traffic uses and not compatible with adjacent residential
uses.
3) Only single story buildings will be erected on this site not
to exceed 23 feet in height (including roof peaks). Towers
and poles shall not exceed 35 feet.
4) A 100 foot building setback from any residential property line
shall be used.
5) No Parking, roads, or other non -natural structures shall be
permitted within 70 feet of residential property lines (ie.
buffer yard). This includes, but is not limited to: sheds,
dumpsters, towers, and other man-made structures.
6) Each building shall have a pitched roof of at least 3:12,
residential in style.
7) A solid 8 foot brick fence shall be constructed along the
residential property line within 60 days of ground breaking.
8) Any roof apparatus placed on'buildings in this area must be
screened from residential view and cannot exceed 8 feet in
height.
9) Exterior lighting shall be shielded from spill -over onto
residential property. Lights located within the 100 foot set
back area must include motion sensors to minimize their
utilization and reduce light pollution for the residential
property owners.
MM1
RECD NOV 181997
31
6IF
0
The following Southlake Residents respectfully oppose the zoning
application ZA 97-155 as submitted and request the above
modifications be made:
f
NAME
ADDRESS
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23
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nLUU NOV 81997
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101 - tss
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TRACT MAP
j3 6 -� -
"11 "
"SF1 —A" I'M —A„
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6
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Rol
CITY OF GRAPEVINE
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ADJACENT OWNERS
AND ZONING
(aw
ZA 97-I55 ADJACENT OWNERS AND ZONING
Number Owner Zoning
1
Kenneth Smith
AG
2
City of Grapevine
n/a
3
CRI Industrial Development
I1
4
Fina Oil and Chemical
I2
5
Paradigm Properties Mgmt.
I1
6
Ralph Segars
I1
7
James F. Lunsford
I1
8
Louis and America Kaposta
AG
9
Malcolm Dean Woody
SF1-A
10
Micky and Rose Kendrick
SF 1-A
11
Johnny and Edna Beech
SF 1-A
12
Pamela Morrison
SFl-A
13
Iva Lee Johnson
SF 1-A
14
Don Hood
SF 1-A
15
Don Hood
SF 1-A
16
Charles and Marla Claffey
SF1-A
g15-1
CCITY OF SOUTHLAKE, TEXAS
nurirrQq
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, WELG
ABS,>.} AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM BUG
AG TO
D , 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;
(bor, PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and
to amend said ordinance and map for the purpose of promoting the public health, safety, morals
and general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "AG",�Agrultural
Digngt 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
LAC=0CS\0RD\CASES\480-265. WPD
Page 1 Ible —$
(40", the facilities in the area immediately surrounding the sites; safety from fire hazards and damages;
noise producing elements and glare of the vehicular and stationary lights and effect of such lights
on established character of the neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and adequacy of width for traffic
reasonably expected to be generated by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street
parking facilities; location of ingress and egress points for parking and off-street loading spaces,
and protection of public health by surfacing on all parking , areas to control dust; effect on the
promotion of health ad the general welfare; effect on light and air; effect on the over -crowding
of the land; effect on the concentration of population, and effect on transportation, water,
sewerage, schools, parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
rights of those who bought or improved property with reference to the classification which existed
at the time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes
in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over -crowding of land, avoids undue concentration of population, and facilitates the adequate
provision of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there
is a necessity and need for the changes in zoning and has also found and determined that there has
been a change in the conditions of the property surrounding and in close proximity to the tract or
tracts of land requested for a change since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning classification for the tract or tracts of land are
* needed, are called for, and are in the best interest of the public at large, the citizens of the city
of Southlake, Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City
of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and
amended, is hereby amended so that the permitted uses in the hereinafter described areas be
(Mo" altered, changed and amended as shown and described below:
L:\CrrYDOCS\ORD\CASES\480-265.WPD
Page 2 se —CJ
I.
M nald a as I3, from tt i` 'dtil ��pLiwi to
�...
Ltg"�, flndu�t�s�ci.
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.
L:\Cn'YDOCS\ORD\CASES\480-265. WPD
Page 3 S��
t
Section 9. The City Secretary of the City of Southlake is hereby directed to publish
the proposed ordinance or its caption and penalty together with a notice setting out the time and
place for a public hearing thereon at least ten (10) days before the second reading of this
ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for
any violation of any of its provisions, then the City Secretary shall additionally publish this
ordinance in the official City newspaper one time within ten (10) days after passage of this
ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
Section 10. This ordinance shall be in full force and effect from and after its passage
and publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the
ATTEST:
day of , 1997.
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 1997.
L:\UMOMORDWASESW80-265. W D
Page 4
MAYOR
A
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
L:\CrrYDOCS\ORD\CASES\480-265.WPD
Page 5 E (2,
EXHIBIT "All
Being a tract in the C B. McDonald Survey, Abstract No. 1013, situated Southlake,
Tarrant County, Texas and being the tract conveyed to W. Ray Wallace by deed of record
in Volume 5487, Page 293, Deed Records, Tarrant County, Texas (D.R.,T,Co.,TX.) and
being more particularly described by metes and bounds:
Beginning at an iron pin for the Northeast comer of the herein described tract, said point
also being the Northwest corner of Heritage Industrial Park, an addition to the city of
Grapevine as recorded in Volume 388-217, Page 13, Plat Records, Tarrant County, Texas
(P.R.T.CO.,TX); _
THENCE South 00 degrees 22 minutes 00 seconds West along the West line of said
Heritage Industrial Park, 2.508.58 feet to an iron pin for the Southeast corner of said tract
and the Southwest corner of said Heritage Industrial Park, said point being in the
Northerly right-of-way of the Southwestern and St. Louis Railroad (100' ROW);
THENCE South 54 degrees 36 minutes 55 seconds West along said Northerly right-of-
way, 1,173.00 feet to a Bois d'arc stake found for the Southwest comer of said tract and
the Southeast corner of the American Petrofina tract as described by deed recorded in
Volume 3707, Page 47, D.R.T.CO.,TX.;
THENCE North 00 degrees 17 minutes 39 seconds East along the East line of said
American Petrofina tract 645.67 feet to a concrete monument for the Northeast comer of
said American Petrofina tract and the Southeast corner of the Green Meadow Subdivision.
an addition to the city of Southlake as recorded in Volume 388-96, Page 45,
P.R.T.CO.,TX.;
THENCE North 00 degrees 23 minutes 29 seconds East along the East line of said
Green Meadows, 1,365.82 feet to an iron pin;
THENCE North 00 degrees 19 minutes 52 seconds East continuing along the East line of
said Green Meadow, 383.54 feet to a concrete monument for comer;
THENCE North 88 degrees 48 minutes 24 seconds West, 261.39 feet to a concrete
monument for corner;
THENCE North 00 degrees 06 minutes 57 seconds East along the East line of said
Green Meadow, 360.89 feet to an iron pipe found for the Southeast comer of the Louis
Kaposta tract as described by deed in Volume 6478, Page 898, D.R.T.CO.,TX.;
THENCE North 00 degrees 05 minutes 27 seconds East along the East line of said
Kaposta tract, 374.54 feet to an iron pipe for the Northeast corner of said Kaposta tract,
THENCE South 89 degrees 44 minutes 59 seconds West along the North line of said
Kaposta tract, 332.55 feet to an iron pin for the Northwest corner of said Kaposta tract;
THENCE, North 00 degrees 02 minutes 27 seconds West 56.22 feet to an iron pin found
in the Southerly right-of-way of Crooked Lane;
THENCE North 84 degrees 26 minutes 10 seconds East along said right-of-way 49.20
feet to an iron pipe found;
THENCE South 89 degrees 51 minutes 43 seconds East along the South line of that
certain tract as described in deed to Robert Frost as recorded in Volume 6826, Page 561,
D.R.T.CO.,TX. and that certain tract of land as described in deed to W. A. Johnson as
recorded in Volume 6826, Page 553, D.R.T.CO., TX. at 482.95 feet passing an iron pin
found at the Southeast corner of said Frost tract and continuing in all 1,085.46 feet to an
iron pin found at the Southeast corner of said Johnson tract and the Southwest corner of a
tract of land as described in deed to J. Kenneth Smith as recorded in Volume 6282, Page
671, D.R.T.CO., TX.;
THENCE South 89 degrees 18 minutes 35 seconds East along the South line of said
Smith tract, 415.72 feet to the Point of Beginning and containing 67.64 acres.
L:\CITYDOCS\ORD\CASES\480-265.WPD
Page S�—��
City of Southlake, Texas
STAFF REPORT
December 12, 1997
CASE NO: ZA 97-156 PROJECT: Preliminary Plat - Cornerstone Business Park,
Phase II
STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787
REQUESTED ACTION: Preliminary Plat of Cornerstone Business Park, Phase II, being
approximately 67.64 acies out of the C. B. McDonald Survey,
Abstract No. 1013, Tracts 1 and 3.
LOCATION: Approximately 200' southeast of Crooked Lane, southwest of
Cornerstone Business Park, Phase 1, and north of the Dart railway
right-of-way and State Highway No. 26.
OWNER: John R. McDearman
APPLICANT: Southlake Cornerstone Business Park, L.P.
CURRENT ZONING: "AG" Agricultural District
LAND USE CATEGORY: Industrial
NO. NOTICES SENT: Twelve (12)
RESPONSES: Two (2) responses within the 200' notification area were received:
James F. Lunsford, P. O. Box 1685, Dallas, Texas, in favor.
Pamela Morrison, 710 Whispering Woods Circle, Southlake,
Texas, opposed.
P&Z ACTION: This item appeared on the November 20, 1997, Planning and Zoning
Commission meeting agenda but was not heard due to Case
Resolution No. 97-22. It was continued to the December 4, 1997,
Planning and Zoning Commission meeting.
December 4, 1997; Approved (5-0-1) subject to Plat Review
Summary No. 1, dated November 26, 1997.
STAFF COMMENTS: Attached is Preliminary Plat Review Summary No. 1, dated
November 26, 1997.
L:\COMDEV\WP-FILES\MEMO\97CASES\97-156PP.WPD
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ADJACENT OWNERS
AND ZONING
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CITY OF GRAPEVINE
`, ZA 97-156 ADJACENT OWNERS AND ZONING
Number Owner Zoning
1
Kenneth Smith
AG
2
City of Grapevine
n/a
3
CRI Industrial Development
11
4
Fina Oil and Chemical
12
5
Paradigm Properties Mgmt.
11
6
Ralph Segars
I1
7
James F. Lunsford
I1
8
Louis and America Kaposta
AG
9
Malcolm Dean Woody
SF 1-A
10
Micky and Rose Kendrick
SF1-A
11
Johnny and Edna Beech
SF1-A
12
Pamela Morrison
SF 1-A
13
Iva Lee Johnson
SF1-A
14
Don Hood
SF 1-A
15
Don Hood
SF 1-A
16
Charles and Marla Claffey
SF1-A
24
gF, l(
City of Southlake, Texas
No: ZA 97-156
APPLICANT: .
Southlake Cornerstone Business P
•' 1 �. 1
Review No: QBg
Date of Review:11/26/97
• n' _n'
• Commerce St. Suite 104
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/27/97 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 "ZA 97-156" in the lower right-hand comer of the plat.
Call number thirteen does not match the southern boundary of Block 3 on the approved final plat for
Cornerstone Business Park (City case #ZA97-114). Verify the correct bearing.
3. The following changes are needed with regard to adjacent properties within 200' to include properties
across any adjacent R.O.W.:
a. Show and label the name of the record owner & corresponding deed record (volume & page)
for the unplatted tracts or the lot lines as dashed , with lot & block numbers for all platted
properties south of the Southwestern & St. Louis Railroad ROW, within 200 feet of this
property.
b. In northeast comer change "Preliminary Plat Approved" to "Approved Final Plat" below
Cornerstone Business Park Ph. 1.
4. The following changes are needed in regard to the graphic:
a. Show and label Crooked Lane.
b. Clearly show the location of the City Limit line along the -Southwestern & St. Louis Railroad
as has been done on the east side of the site.
.OW41�
City of Southlake, Texas
5. 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 department.
b. Provide pedestrian access easements as may be required for compliance with the Park Master
Trail Plan.
6. The following changes are needed regarding Right -of -Way dedications and interior street geometry:
a. Show and dimension the R.O.W. dedication in accordance with the current Master
Thoroughfare Plan. South Kimball Avenue should be shown as a 94' ROW.
b. Provide all street centerline radii and tangents at or greater than minimum along Kimball
Avenue. Curve Cl, C2, and C3 do not meet the minimum 1,000' requirement.
* This property lies within the 65 LDN and 75 LDN Airport Overlay Zone and will require that
the"Avigation Easement and Release " be executed on subsequent Final Plats. This may also require
that building construction mete the Airport Compatibility requirements of Ordinance No. 479.
* The applicant should be aware that new submittals for the next scheduled meeting must be received
at the City by 5:00 PM on 12/08/97. 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"
„+ revised reduction must be provided.
* Denotes Informational Comment
cc Southlake Cornerstone Business Park, L. P.
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City of Southlake, Texas
STAFF REPORT
December 12, 1997
CASE NO: ZA 97-158 PROJECT: Plat Revision - Lots 4117111 - 4R7R5, Block 1,
Cedar Oaks Estates
STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787
REQUESTED ACTION: Plat Revision for the proposed Lots 4R7R1 - 4R7R5, Block 1, Cedar
Oaks Estates, being a revision of Lot 4R7, Block 1, Cedar Oaks
Estates, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slide No. 545, Plat
Records, Tarrant County, Texas.
LOCATION: In Cedar Oaks Estates, on the north side of Sleepy Hollow
approximately 750' east of the intersection of Sleepy Hollow and
Morgan Drive.
OWNER: Tom Benner
APPLICANT: Four Peaks Development, Inc.
CURRENT ZONING: "SF -IA" Single Family Residential District
LAND USE CATEGORY: Low Density Residential
NO. NOTICES SENT: Eight (8)
RESPONSES: Two (2) responses within the 200' notification area were received:
• Lloyd and Diane Tompkins, 1720 Sleepy Hollow Trail,
Southlake, Texas, opposed. Mr. Tompkins listed several
reasons for his opposition. (Please see attached letter.)
• Larry and Cathy Foreman, 1755 Sleepy Hollow Trail,
Southlake, Texas, opposed. "There is no road to access the
rear lots. The triple adjacent driveways for access is
inconsistent with the rest of the neighborhood."
A petition was received from Larry Foreman, 1755 Sleepy Hollow
Trail, Southlake, Texas, which stated opposition primarily based on
lot access to the rear lots. There was a total of 10 signatures, 5 of
which were within the 200' notification area. (Please see attached
petition.)
S&,
City of Southlake, Texas
P&Z ACTION: December 4, 1997; Approved (6-0) subject to Revised Plat Review
Summary No. 1, dated December 4, 1997, deleting Items #7 (lot
width measurement), #8a (50' wide cul-de-sac street), and #9 (lot
lines radial or perpendicular to the R.O. W.); accepting the applicant's
agreement to meet the current City street construction standards for
the driveway; and requiring a utility easement for the proposed sewer
line.
STAFF COMMENTS: Attached is Revised Plat Review Summary No. 1, dated December
12, 1997. The purpose of this plat revision is to divide a single lot
into five (5) buildable lots.
Because the applicant has requested a variances to the
requirements of this plat, due to opposition of adjacent property
owners within the 200' notification area in excess of 20%, a
super -majority vote of the City Council members present will be
required to approve this request.
L:\COMDEV\WP-FILES\MEMO\97CASES\97-158PR.WPD
S&-Z
CITY OF SOUTHL AKE
NOTICE TO INTERESTED PROPERTY OWNERS
REFERENCE NO.: ZA 97-158
Qe Dear Property Owner:
An application for a Plat Revision for the proposed Lots 4R7R1 - 4R7R5. Block 1. Cedar Oaks
Estates, has been filed with the City of Southlake Planning and Zoning Commission. The
application is a revision of Lot 4R7. Block 1. Cedar Oaks Estates, an addition to the City of
Southlake. Tarrant Countv. Texas. according to the plat recorded in Cabinet A. Slide No. 545. Plat
Records. Tarrant County. Texas.
The property is located in Cedar Oaks Estates. on the north side of Sleepy Hollow approximately
750' east of the intersection of Sleep, Hollow and Morgan Drive.
The request is being submitted by the Applicant, Four Peaks Development. Inc. The Owner of the
property is Tom Benner.
The current zoning is "SF -IA" Single Family Residential District.
A public hearing will be held by the City of Southlake Planning and Zoning Commission on
Thursday. December 4. 1997 at 7:00 p.m. in the Council Chambers at City Hall, 667 North Carroll
Avenue, Southlake, Texas. At this time, you may submit your views on the matter in person, by
writing, or by representative. You are encouraged to follow the requested action through final
approval because changes are often made during the review process.
If you know of any interested property owner who, for any reason, has not received a copy of this
letter, it would be greatly appreciated if you would inform them of the time and place of this hearing.
Very truly yours,
Planning and Zoning Commission
City of Southlake, Texas
The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North
Carroll Avenue, Southlake, Texas, 76092.
REFERENCE NO.: ZA 97-158
I am (in favor of) ( posed t (undecided about) the request for the following reasons:
A-zr A<-k4tr A At 6 r, -r-
(Please Print Name) —
ADDRESS:
PHONE:
TOMPKINS, LLOYD G ETUX DIANE L
1720 SLEEPY HOLW
SOUTHLAKE TX
NT I
760924132
CW Lloyd Tompkins
1720 Sleepy Hollow Trl
Southlake. Texas 76092
(817) 481-6211
November 24, 1997
City of Southlake Planning and zoning Commission
667 North Carroll Ave
Southlake, Texas 76092
Dear Commissioners,
My home is adjacent to the Plat Revision.
The original plat was three, (4 acre) lots. These 3 lots were revised 2 years ago into two (6 acre) lots.
The 6 acre lot next to Lot 4R7 was divided into 5 lots with a concrete road with curbs and is a nice
addition to Cedar Oaks Estate.
The remaining six acre lot (Lot 4R7, Block 1, Cedar Oaks Estates) and the one up for revision. does not
guarantee that the proper road will be constructed.
Four Peaks Development, Inc., are trying to sell these lots with three driveways from the back 3 lots
running between the front lots.
They are trying to divide Lot 4R7 into 5 lots without the expense of constructing a concrete road to the
back 3 lots as had to be done to the adjacent identical addition.
I strongly oppose this revision because.
These lots do not have the required road frontage as spelled out in the subdivision restrictions.
2. A concrete road with curbs similar to the adjacent revision must be installed before lots can be
sold.
3. The present revision is similar to what you would see on some country road out of city limits and
is not representative of a subdivision in Southlake.
4. The developer should be required to connect these lots to the city sewer system which is at the
end of Sleepy Hollow. The ground can not handle 5 more septic tank homes in this area.
I will be present 12/4/97 at 7:OOpm.
Thank You,
Lloyd Tompkins
REeD NOV 2 4 1997
2o-
December 4, 1997
This list of petitioners is not a complete list of residents in the Cedar Oaks
Estates. However, the reason is a lack of time and the inability to make
contacts with the remaining residents. Everyone contacted (100%) signed the
petition. The residents that did not sign were the residents not contacted. I
feel certain the list would be near 100% if all the residents could have been
notified. Please consider this as you deliberate tonight.
Thank you.
Larry Foreman
1755 Sleepy Hollow
Southlake
481-4657
SCE -6-
REC'D 0 E 0 0 " 1997
(461W December 2, 1997
City of Southlake
Planning and Zoning Commission
We, the undersigned residents of the Cedar Oaks Estates Addition to the City of
Southlake, do respectfully object to the replat of Lot 4R7, Block 1 (i.e. the plat revision
on lots 4R7R1 through 4R7R5, block 1.) This objection is based specifically on lot access
to the rear lots (4R7R2 through 4R7R4). The right 'of way appears to be either triple (or
more) adjacent driveways or an unusually large driveway to access these lots. This is
inconsistent with all the other lots in the addition and is plainly incompatible, and therefore
unacceptable. If this access was a standard road, such as the most recently added Forest
Vista Court, there would be less objection. Thank you for your consideration.
Signature
Printed Name Address
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ADJACENT OWNERS
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ADJACENT LAND OWNERS
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13-Nov-97
Owner Name
1 CROWE, JOAN
2 CROWE, JOAN
3 BOYTON, DENIS ETUX MARY
4 TAPLESHAY, THOMAS N ETUX JOANN
5 TICE, CRAIG W ETUX LORI
6 DEMLOW, JOHN R ETUX CAROL G
7 FOREMAN, LARRY G ETUX CATHY
8 MCNEILL, JAMES ETUX SHERYL R
9 JOHNSON,BARRY
10 TOMPKINS, LLOYD G ETUX DIANE L
11 CHATEAU DEVELOPMENT CORP,
12 ERVIN, BILL
13 FIANCE, BOBBY LYNN ETUX JUDITH
14 CHATEAU DEVELOPMENT CORP,
15 FIANCE, BOBBY LYNN
16 BRYANT,JERRELL
17 RAINES, J B
18 FOUSE, RANDY L & LYNDA BENSON
19 STELLE, CAROL A
20 KOEHLER, ROBERT WILFRED
21 KEELING, ROWENA
22 HANCE, BOB L
23 BOWLES, ODELL ETUX GLENDA
24 WINCHESTER, WILLIS E ETUX J A
25 CONATSER, E B
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City of Southlake, Texas
PLAT REVIEW SUMMARY
No: ZA 97-158 Revised Review No: One Date of Review: 12/12/97
Project Name: Plat Revision - Lots 4R7R1- 4R7R5 Block 1 Cedar Oaks Estates, being a revision of
Lot 4117. Block 1 Cedar Oaks Estates Cab A Slide 545 PRTCT, being 5.270 acres out of the J. Childress
Survey. Abstract No 253
APPLICANT:
FourReaks_ Development. Inc.
Suite 234. 100 W. Southlake Blvd. #320
Southlake. Texas 76092
Phone: 817) 329-6996
Fax: (817) 329 - 4796 Attn: David McMahan
SURVEYOR:
Area Surveying. Inc.
102 W. Trammell Street
Fort Worth. Texas 76140
Phone: 817) 293-5684
Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/10/ 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 OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787.
1. Place the City case number 11ZA 97-158" in the lower right-hand corner of the plat.
2. Revise the title block as follows:
a. Change the Lot designations to "Lots 4R7R1 through 4R7R5" and change the block
designation to the numeral 1. Make these changes in the dedication and graphic as well.
b. Replace, "Being a replat of Lot 7-R..." to, " ...a revision of Lot 4R7..."
3. The following changes are needed with regard to the legal description and dedication:
a. Change the "Lot 7-R" in Line 3 of the legal description to "Lot 4R7. Delete the reference to
the previous plat in the dedication statement.
b. Provide the current owner's deed information.
C. Add the attached lien holders ratification and notary acknowledgment to the plat or the
statement certifying that no liens exist on this property.
4. The internal lot dimensions and the boundary dimensions should be equal. The northern boundary
line and the northern lot lines for lots 7R2, 7R3, and 7R4 are not equal. Correct this discrepancy.
Provide a separate survey or dimensioned exhibit showing the location of any existing structures or
note that all existing structures are to be removed if applicable.
The following changes are needed with regard to easements:
L:\COMDEV\WP-PILES\RSV\97\9715SPR1.RBV S 6 _ r 2- Page 1
City of Southlake, Texas
a. Show and label, if any, the type, size and deed record of all existing easements on the subject
property and/or adjacent properties which may be recorded by separate instrument.
b. Show and label the existing 5' U.E. running along Sleepy Hollow Trail.
7. Provide the required 100' lot width measured at the required minimum 40' front building line. The
configuration shown does not meet the lot width requirement. (P & ZAction 12104197: delete)
8. The following changes are needed regarding Right -of -Way:
a. Provide a minimum 50' wide cul-de-sac street from Sleepy Hollow Trail to Lots 7R2, 7R3, and
7R4. (P & ZAction 12104197: delete)
b. Dimension all property corners to the centerline of the apparent existing ROW.
C. Dimension all street ROW and centerlines with bearings.
d. Label all curve data (delta, radius, length, tangent).
e. For any proposed streets, provide street names not similar to any existing street names.
9. Provide side lot lines radial or perpendicular to the right-of-way. (P & ZAction 12104197: delete)
1. A "Certificate of Taxes Paid" from each taxing authority must be provided to the City prior to filing
this plat in the County records.
P&Z ACTION.
December 4, 1997; Approved (6-0) subject to Revised Plat Review Summary No. 1, dated December
4, 1997, deleting Items #7 (lot width measurement), 98a (50' wide cul-de-sac street), and #9 (lot lines
radial or perpendicular to the R.O. W.); accepting the applicant's agreement to meet the current City
street construction standards for the driveway; and requiring a utility easement for the proposed
sewer line.
* 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.
t
* Please submit a revised blueline "check print" prior to submitting blackline mylars with original
signatures.
* 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
Four Peaks Development, J.E. Levitt Engineers, Fax: (817) 488-3315
L:\COMDEV\WP-FILES\REV\97\97158PR1.RSV „ r r Page 2
14
A
Lien Holder's Ratification of Plat:
STATE OF TEXAS
COUNTY OF
Whereas (Lien Holder Name), acting by and through the undersigned, its duly authorized agent,
is (are) the lien holder(s) of the property described hereon, does (do) hereby ratify all dedications
and provisions of this plat as shown.
(typed name of authorized agent, title, Lien Holder) - .
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared ( authorized agent name.
title. Lien Holder), known to me to be the person(s) whose name(s) is(are) subscribed to the above and
foregoing instrument, and acknowledged to me that (helshelthey) executed the same for the purposes and
consideration expressed and in the capacity therein stated and as the act and deed of said (Lien Holder Name).
GIVEN UNDER MY HAND AND.SEAL OF OFFICE on this the day of
, 19_
Seal
Notary Public
Commission expires:
If no liens exist, add the following statement to the end of the plat dedication:
There are no liens against this property.
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City of Southlake, Texas
MEMORANDUM
December 12, 1997
TO: Curtis E. Hawk, City Manager
FROM: Ron Harper, City Engineer
SUBJECT: Authorize the Mayor to Enter into a Commercial Developers
Agreement for Town Square -Phase I
BACKGROUND
Attached is the commercial developers agreement for Town Square -Phase I.
The agreement has attempted to combine the provisions of the standard developers
agreement with the special aspect of this project in dealing with the Tax Increment
Reinvestment Zone. The areas of interest relative to this agreement are as follows:
I.E. The Developer will transfer title of all park land included in phase I so that the
City can construct improvements concurrently with the phase I infrastructure
improvements.
II.A. The Developer will be increasing the perimeter water line from 12 inches to 20
inches. This will assist the City in its long range plans to interconnect all of our
elevated water tanks with 20-inch feed lines.
II.F. The Developer has agreed to indemnify the City against injuries or claims
caused by building and tenant projects into the City rights -of -way. This project
is unique in that the building lines will be located on the rights -of -way lines.
The Development Regulations allowed for various building projections into the
right-of-way such as sills, belt courses, pilasters, roof eaves, bays, show
windows, awnings, etc.
IV.C. Park Fees- The Developer has met with the Parks Board regarding park
dedication requirements of this project. The Developer is required to dedicate
0.84 acres or $33,610.00. The Developer has agreed to dedicate the land for
the Band Shell Park (1.755 acres). The Park Board has recommended that the
Developer be granted 100% credit for phase I and also be allowed to carry over
the excess dedication (0.9 acres) to be applied to future phases.
10A-1
IV.E. The construction of the public infrastructure is eligible for reimbursement
through the Tax Increment Reinvestment Zone process.
i4aw,
The Developer and City have identified costs for this infrastructure of
approximately $7.3 million. The Developer requests that the City's
reimbursement not exceed $2,900,000.00 (40%).
The funding of the construction of the park amenities will be the responsibility
of the City and will total approximately $1,130,000.00.
The Developer has stated that any of the costs from the infrastructure and park
construction in excess of $4,030,000.00 will be the responsibility of the
Developer; however if the City's share of the infrastructure development does
not reach $2,900,000.00, the Developer requests to carry the difference over
and apply the funds to the park construction.
IV.G. The City will be responsible for the design and construction of the relocation of
North Carroll Avenue. Due to the uncertainty of the City's schedule, the
completion of this work will not be a condition for the Developer to obtain
certificate of obligation for any buildings.
The Developer has dedicated a 100-foot right-of-way through this property to
accommodate the realignment of North Carroll Ave. The Developer requests
that the existing North Carroll Ave. right-of-way be quitclaimed to him since he
Q0, is dedicating the entire new right-of-way.
RECOMMENDATION
Staff recommends this item be placed on the December 16, 1997 Regular City Council
Agenda for City Council review and consideration.
RH l
Attachment: Commercial Developer Agreement
1 OA-2
SOUTHLAKE TOWN SQUARE
PHASE ONE
COMMERCIAL DEVELOPERS AGREEMENT
An agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the
undersigned Developer, hereinafter referred to as the "Developer," of Southlake Town Square -
Phase I (a commercial development) Addition, hereinafter referred to as "Addition", to the City of
Southlake, Tarrant County, Texas, and more particularly described at Exhibit A attached hereto, for
the installation of certain community facilities located therein, and to provide city services thereto.
In consideration of and as an incentive to the Developer for the development of a commercial
development known as Southlake Town Square (the Project described at Exhibit B attached hereto)
the City agrees subject to the conditions contained herein, to assume a portion of the costs of
designing and constructing within the time frame stated herein the Facilities. The Facilities eligible
for design and construction by the City under this Agreement more particularly described in the
Infrastructure List attached hereto as Exhibit C.
GENERAL REQUIREMENTS:
A. It is agreed and understood by the parties hereto that the Developer shall employ a
civil engineer licensed to practice in the State of Texas for the design and preparation
of the plans and specifications for the construction of all facilities covered by this
agreement.
B. 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. Each request for reduction will be accompanied by lien
releases executed by the contractors performing the work. 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.
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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.
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 upon dedication
by Developer and acceptance by City, Developer shall relinquish 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. City shall accept the facilities
upon their completion in accordance with the approved plans and specifications.
Acceptance of the facilities 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.
WMWI E. The Developer agrees to dedicate and transfer title to all property intended for park
use upon approval of the final plat. The City will allow the Developer to perform
work on this dedicated property in conjunction with the development of Southlake
Town Square - Phase I Addition.
F. 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);
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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; and
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
Concrete cylinder tests and concrete coring samples.
The City can delay connection of buildings to service lines or water mains
constructed under this Agreement until said water mains and service lines have been
completed to the satisfaction of and accepted by the City.
G.' The Developer will be responsible for mowing all grass and weeds and otherwise
reasonably maintaining the aesthetics of all land and lots in said Southlake Town
Square - Phase I Addition 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.
H. 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.
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.
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J. The Developer agrees to fully comply with the terms and conditions of all other
applicable development regulations and ordinances of the City of Southlake. The
approved Development Regulations are attached as Exhibit D.
K. 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. FACILITIES:
Developer will construct the project in conformance with the NRPUD Development
Plan, Site Plan, Construction Plans and specifications and all permits or other
regulatory authorizations approved or granted by the City during the development
review process. Developer will install public facilities for which the Developer
awards its own construction contract in accordance with the approved plans and
specifications. Developer will provide all construction period funding for
construction costs, materials and engineering of all public facilities for which
Developer awards its own construction contract. The following additional terms will
apply:
A. ON -SITE WATER:
The Developer hereby agrees to install water facilities to service lots as shown on the
final plat of Southlake Town Square - Phase I 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's
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. 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 Developer will construct a 20" water line as part of the project as shown on the
approved construction plans. The City will reimburse the Developer for the cost of
oversizing this line from 8" to 20".
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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, or that may be modified by
the EPA.
C. STREETS:
If applicable, the street construction in the Southlake Town Square - Phase I
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.
l . 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
directed by an engineering study performed by the Developer's engineer and
reviewed by the Director of Public Works.
2. 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.
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.
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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 Southlake Town Square - Phase I 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.
The Developer shall obtain, prior to start of construction, a NPDES permit from the
EPA and shall provide this permit to the City. The Developer shall be solely
responsible for insuring compliance with all EPA regulations for erosion control and
storm water management.
F. USE OF PUBLIC RIGHT-OF-WAY:
1. It is understood by and between the City and Developer that the facilities
covered by this Agreement 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 the
facilities are dedicated to and accepted by the City.
2. City shall -permit building projections into public easements and right-of-way
consistent with the Concept Plan. Developer shall maintain all such
projections in a safe and non -injurious manner and 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 such projections and the
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Developer shall, at his own cost and expense, defend and protect City against
all such claims and demands. The Developer (or assignees) shall provide
annual evidence of liability insurance to the City. The City shall be informed
by the insurance company of any lapse or cancellation of such liability
insurance. (Project shall be as defined in the Development Regulations,
Section 4.0.)
3. The City will maintain all streets, sidewalks, utilities, public parks and other
public improvements and amenities from and after the date of dedication of
and acceptance by the City of such improvements.
G. DESIGN PARTICIPATION
It is understood that this project will include numerous features and amenities that
will impact the aesthetics and maintenance of this area. The Developer and City will
develop a supplemental agreement which will cover the details of amenity selection
and approval.
H. START OF CONSTRUCTION:
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. All fees required by the City to be paid to the City.
4. This Agreement shall have been executed.
5. The Developer, or Contractor shall furnish to the City a policy of general
liability insurance.
6. A Pre -Construction Meeting to be held with all Contractors, major Sub -
Contractors, Utilities and appropriate Government Agencies.
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III. GENERAL 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,
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 AND 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
REDAL:126395.6 31295-00001 1OA-10
arise out of any defect, deficiency or negligence of the engineer's designs and
'••— specifications incorporated into any improvements constructed in accordance
therewith, and the Developer shall defend at his own expense any suits or other
proceedings brought against the City, its officers, agents, servants or employees, or
any of them, on account thereof, to pay all expenses and satisfy all judgements which
may be incurred by or rendered against them or any of them in connection herewith.
D. This agreement or any part thereof or any interest herein, shall not be assigned by the
Developer without the express written consent of the City Manager, which shall not
be unreasonably withheld or delayed.
E. On all facilities included in this Agreement for which the Developer awards his own
construction contract, the Developer agrees to employ a construction contractor who
is approved by the City, and whose approval shall not be unreasonably withheld or
delayed, said contractor to meet City and statutory requirements for being insured,
licensed and bonded to do work in public 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.
G. Prior to final acceptance of this phase of Town Square the Developer shall provide
to the City three (3) copies of Record Drawings of this project, showing the facilities
as actually constructed. In addition, the Developer shall provide electronic files
m.dxf format showing the sanitary sewer plan and profile, storm drain plan and
profile, street plan and profile, and water line plan.
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IV. OTHER ISSUES:
A. OFF -SITE DRAINAGE:
The Developer has agreed to design on -site detention facilities so that there is no
increase of storm water runoff from this project. In the event that the Developer,
with the City's review and approval, chooses to modify this design, then the
Developer shall contribute to off -site improvements as needed to increase the off -
site capacity to handle the increased runoff.
B. OFF -SITE SEWER AND WATER FEES:
There are no off -site sewer, off -site drainage structures, or off -site water required
for the project.
C. PARK FEES:
1. The Developer met with the Park Board on November 10, 1997. The Park
has recommended that the Developer be given 100% credit for Phase I and
also be allowed to carry forward 0.9 acres ($36,590) credit to future phases.
D. TREE PRESERVATION ORDINANCE:
All construction activities shall meet the requirements of the Tree Preservation
Ordinance No. 585a (and any amended versions).
E. CITY'S CONTRIBUTION: (Tax Increment Reinvestment Zone)
1. Minimum Contribution
In conjunction with the installation of public facilities for the project,
including earthwork, utilities, drainage, paving, landscape, streetscape and
related public amenities, and related engineering, design and other
professional fees and expenses, the City agrees to reimburse Developer for:
a. Paving and Utilities - a portion of the cost of those Facilities
identified in Exhibit C as streets, sidewalks, landscaping and
associated streetscape improvements, in an amount not to exceed
approximately $2,900,000.
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b. Public Parks - a portion of the cost of the design and construction
of those items identified at Exhibit C as the "Town Square Park"
and "Bandshell Park", including all landscaping, paving, special
structures and other amenities constructed therein, in an amount
equal to $1,130,000; and
C. Any expenditures over $4,000,000 is at the Developer's expense.
If any excess monies are available from the paving and utilities
(infrastructure), such excess monies may be applied to the Public
Park.
d. Developer agrees to pay the up -front cost of design and construction
of the proposed traffic signal at street "B" and F.M. 1709. The
City will reimburse Developer for a portion of the final cost of
design and construction of such signal. The City contribution shall
be 50% of the actual cost up to $40,000.
Notwithstanding the foregoing, the City's reimbursement obligation
described above will be expressly contingent upon the dedication by
Developer and acceptance by the City of such facilities and improvements
and will be further contingent upon completion of the initial six (6)
buildings, containing not less than 240,000 gross square feet of building
area identified as Phase I on Exhibit B attached hereto. If an initial
certificate of occupancy is not issued for Phase I within two (2) years from
the date of the executions of this Agreement, the City's obligation will be
null and void and the City be released from any obligation to make the
reimbursements provided above.
F. DRIVEWAY RELOCATION:
Developer agrees that upon relocation of North Carroll Ave. substantially as shown
on the approved Site Plan, Developer will relocate the driveway of Mr. Jurgen
Strunck located at 200 North Carroll Ave., Southlake, Texas 76092, in accordance
with plans approved by Mr. Strunck, the City and Developer, at Developer's sole
cost and expense.
G. NORTH CARROLL AVENUE RELOCATION AND WIDENING:
The Development Plan and Site Plan approved for the Project include the
relocation and widening of North Carroll Avenue in accordance with preliminary
plans and specifications provided to Developer by the City. Terms of such
relocation and widening shall be as follows:
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N%ft-
1. The Developer agrees that when legal documents are completed and
acceptable to legal counsel, the Developer will dedicate approximately
1.985 acres of land as shown on the approved Site Plan for Southlake Town
Square - Phase I Addition. In consideration for this dedication, the City
agrees to quit claim the existing North Carroll Avenue right-of-way to be
abandoned to the Developer.
2. The City will employ a civil engineer and other outside consultants as
necessary for the design and preparation of the final plans and
specifications for the relocation and widening of North Carroll Avenue.
3. Developer will dedicate the land substantially as shown on the approved
Site Plan, to allow the road improvements. The City will acquire all other
necessary easements or rights -of -way from adjacent landowners.
Developer will cooperate with the City in obtaining the consent of such
adjacent landowners.
4. The City will be responsible for and will provide all construction period
funding for construction costs, materials and engineering, including all
earthworks, infrastructure, paving, landscaping, traffic light(s) (including
the relocation thereof, if necessary), and other improvements and related
costs associated with the North Carroll Avenue realignment and widening
project. Such costs shall be in addition to costs reimbursed by City to
Developer under Section IV. F. of this Agreement.
5. Completion of the North Carroll Avenue work will not be a condition to
completion of Developer's performance with respect to Phase I of the
Project, and will not be a condition to or delay Developer's receipt of
certificates of occupancy for Project buildings, the City's acceptance of
public facilities constructed by Developer, the City's reimbursement
obligation as described in Section IV.F. herein, or otherwise.
H. CITY HALL:
The plans for the Project include the contribution of approximately 0.689 acres of
land for a new joint use City Hall/Carroll Independent School District
Administration Facility (Joint Use Facility). Concurrently herewith, Developer and
the City will enter into an agreement for design, developments, construction and
operation of the Joint Use Facility. The terms of that agreement will be
substantially in accordance with the term sheet attached as Exhibit D.
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I. CONSTRUCTION PERMITTING AND OVERSIGHT:
1. The City will allow development of the Project to occur under a staged
building permit. Separate permits or approvals may be issued to allow the
following stages of construction to proceed in sequence. A permit for any
stage of construction may be processed for review and approval
independently of submission or approval of final design and construction
drawings for any subsequent stage of construction:
a. grading and sitework;
b. utilities and paving;
C. foundation and superstructure; and
d. final building permit.
2. The City will process applications for construction approvals in accordance
with its guidelines; provided, however, the City will hire additional
personnel or contract with private companies for engineering consulting
services as may be needed to allow for the timely review and approval of
construction plans pursuant to this paragraph. If necessary to facilitate
efficient response time, the City will provide an on -site person for permit
review and approval and for inspection functions. In the event the City
provides such on -site person, Developer will provide housing on -site for
such person at no cost to the City.
1OA-15
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SIGNED AND EFFECTIVE on the date last set forth below:
DEVELOPER:
By:
Title:
Address:
Date:
ATTEST:
Notary Public
Type or Print Notary Name
My Commission Expires
CITY OF SOUTHLAKE, TEXAS
Rick Stacy, Mayor
ATTEST:
Sandra LeGrand, City Secretary
Date:
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REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT
The Letter of Credit (L of C) must have a duration of at least one year.
2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City
reserves the right to specify the face amount of the letter of credit.
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 [sic] with proof of amount owed.
11%` 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.
REDAL:126395.6 31295-00001 10A-17
LEGAL DESCRIPTION
STATE OF TEXAS 3
COUNTY OF TARRANT �
WHEREAS WE, the Fechiel Group. a Texas Get::.rai Partnership. Cared (1. Peterka. Lurie % . Beck- and
Lslie W. Klingman, are all of the Owners of a tract :e land situate•+ in the Richard Eads Sure,;. abstract No.
11. (--,)unty of Tarrant. according to :he Deeds "_"`riled in `oiu'me 981 i. Page 121i: V,�iui-.e ?5 16. Pa,e
595; Volume 9799, Page 1213: Volume 98-i9. Pagt 21, 15: Volume 9799. Page 1208 and Volume 98=9. Page
'_ 110, Deed Records, Tarrant County. Texas and more particularly described ..is follows:
BEING a 42.013 acre tract of land simated in :he Richard Eads Survev. Abstract No. 181 lecare:: in the Civ,
of Southlake, Tarrant County. Texas. Said :ract being a portion of a 73.669 acre tract as conveyed to The
Fechrel Group, a Texas General Partnership as recorded in Volume 9811. Pave 1241 and being a portion or a
58.0193 acre tract as conveved to Carol G. Peterka as recorded in Volume 85 i6. Pave 595. Louie W. Beck as
recorded in Volume 9799. Page 1213 and Vciume 9849, Page 2115. and Leslie W. Klingman as recorded in
Volume 9799, Page 1208 and Volume 9849, Page ' 210, Deed Records. Tarrant County. Texas. Said 42.013
acre tract being snore particularly described by metes and bounds as follows:
C0Vi.1YlENC1NG at the southwest corner of L t :. Richard Eads No. -18 i addition, Cabinet A. Siice 585
P.R.T.C.T. also being located in the east right-')f-way line of North Carroll Avenue ( a variable width
R.O.W.);
THENCE North 89°41'56" West for a distance of =2.00 feet for a point. said point being in the west line of
said Richard Eads Survev and the Centerline of said North Carroll Avenue:
THENCE South 00'11'06" East, alonz said Cenreriine for a distance of 1237.93 feet to a 5/8 inch iron rod set
in concrete for the POINT OF BEGINNING;
THENCE East, leaving said Centerline for a distance of 574.33 feet to a th inch iron rod set for corner,
THENCE North 154.77 feet to a 'A inch iron rod set for comer;
THENCE North 30°00'00" East, 279.56 feet to a inch iron rod set for corner;
THENCE South 60°00'00" East, 1,223.00 feet to a 1, inch iron rod set for corner;
THENCE South 30°00'00" West, 33 1. 80 feet to a ',: inch iron rod set for comer;
THENCE South 531.88 feet to a 5/8 inch iron rod set in concrete for comer, said point being in the north
right-of-way line of East Southlake Boulevard /F.M. 1709 (a 130 foot R.O.W.),
THENCE North 88°55'18" West, along said north right-of-way line, for a distance of 301.27 feet to a Sib inch
iron rod found for corner;
THENCE North 88°54'16" West, for a distance of 1,303.14 feet to a 5/8 inch iron rod set in concrete for
comer, said point being the intersection of said north right-of-way line, with the Centerline of North Carroll
Avenue, and said west line of Richard Eads Survey;
THENCE North 00'11'06" West, along said Centerline of North Carroll Avenue 1,003.27 feet to the POINT
OF BEGINNING and CONTAINING 1,830,082 square feet or 42.013 acres of land, more or less.
10A-18
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IOA-19
EXHIBIT B
PROJECT DESCRIPTION
:•1 •
This Developer Agreement covers the first phase of development of an approximately 109 acre
Non -Residential Planned Unit Development (NR-PUD) for C3 uses at the northeast corner of East
Southlake Boulevard (F.M. 1709), and North Carroll Avenue in the City of Southlake. Tarrant
County, Texas. Phase I of the development comprises approximately 41 acres located at the
northeast corner of the intersection of F.M. 1709 and North Carroll Avenue in the City of
Southlake, Tarrant County, Texas.
The Phase I property is comprised of two separate tracts of land. The eastern tract is
approximately 7.5 acres and is currently owned by Carol G. Peterka, Lorrie W. Beck and Leslie
W. Kiingman. The adjacent approximately 33.5 acres is currently owned by The Fechtel Group,
a Texas general partnership. The two owners have formed joint ventures with affiliates of Cooper
& Stebbins, L.P. for the coordinated development of the entire property.
• , .r • W
"% A. Town Square
Consistent with the intent of the P.U.D., Phase I of Southlake Town Square will create a
mixed use retail and office commercial center laid out in a traditional downtown manner.
Buildings will be organized around a modified grid framework of streets. Central elements
of the grid will include "city" blocks dedicated to public uses, namely a joint use Southlake
City Hall/Carroll Independent School District (C.I.S.D.) Administration building, a
traditional and formal "town square" and a "band shell park". Initial development will
include seven to nine (7-9) buildings surrounding the town square and band shell parks and
the joint use City Hall/C.I.S.D. facility.
To provide easy access to commercial establishments, and to provide a buffer between
traffic lanes and sidewalks, interior streets will be constructed to provide for angled and, or
parallel on -street parking. Stop signs will be employed to slow traffic. Additional
parking will be provided within the interior of blocks (behind buildings). Buildings will
address the street to create tree -lined pedestrian sidewalks between the street and building
face. Ground floor retail spaces will have primary storefront pedestrian entrances along
the "front" sidewalk, with some retailers also having secondary entrances to the rear and
sides where applicable.
10A-20
B. Landscaping
Three primary components characterize the Landscape plan for the first phase of the
P.U.D. They are 1) streetscape, 2) public parks, and 3) interior block parking lot
landscape.
The streetscape is the key landscape component which reinforces the street pattern
established by the P.U.D. concept plan; it consists of sidewalks, street trees, street
lighting, benches, and feature planting beds. Sidewalks will be concrete (streets asphalt):
concrete is a material traditionally used for sidewalks in a downtown setting. It provides
a ground surface that is safe, has good durability over time, and is easy to maintain. Strut
trees are an important aspect of the streetscape in that they create shade for pedestrians.
They are located toward the outer portion of the sidewalk thus creating visual separation
between parked cars and pedestrians. Street trees will have a minimum caliper of 3-1/2"
and will be installed in "cut-out" areas that are either grated and/or alternatively planted
in ground cover. Tree species will be selected for suitability to climate, resistance to
disease, and duration of foliage. Street lighting will be provided by means of decorative
metal street lamp fixtures located in alignment with the street tree locations. Benches
located along sidewalk areas provide an additional pedestrian amenity and will be made of
attractive, yet durable materials. Planting beds located at the corner of each block around
the town square will contain ground cover, and low decorative shrubs. Aesthetically
compatible trash bins will also be located strategically along the streets.
N...
Two public parks in the center of this phase of the development provide another very
important component of the interior landscape zone. These parks are founded upon
designs for traditional town squares located throughout the country. These two parks
comprise approximately 1.8 acres of public open space. The Town Square Park (Family
Park) is more formal in its design and features canopy trees, abundant lawn areas, paths
laid out in a symmetrical pattern, benches, and a central fountain. The Band Shell Park
(Rustin Park) will feature a covered pavilion for staging concerts and events as well as
canopy trees, additional lawn areas, paths and benches. Given the immediate adjacency
of the two parks, Street 5 (Fountain Place) can be closed temporarily, thus combining both
parks into a single, larger park area for special events as needed.
The last component is landscaping within parking areas. Given the long range plan to
locate structured parking in the center of blocks, an increased level of planting is provided
along the backs of buildings, highlighted by at least 2" caliper canopy trees which will be
planted along sidewalk areas that border such buildings. Sidewalk cutout areas will be
planted in shrubs, ground cover or grass. First floor building foyer entrances to upper
floor offices will be further be accentuated by ornamental/understory trees of at least 2"
caliper. Ornamental and understory trees of at least 1-1/2" in caliper will be provided
within parking islands.
10A-21
C. Town Edge Zone
The Town Edge Zone establishes a landscaped zone along the project's perimeter streets
(Southlake Blvd and North Carroll Avenue). The design intent for this area is to allow
the extension of the streetscape of the downtown to provide a meaningful relationship of
this area with the streets and roads that border the P.U.D. Consistent with this objective,
tree plantings will continue the species, caliper inches, and spacings established in the
interior streetscape (3-1/2" min. caliper @ 30' o.c.) As currently configured, a minimum
32' building setback is provided along both F.M. 1709 and North Carroll Avenue. The
front 20' to 21' of both of these setbacks will be planted with grass to establish formal
lawns as the primary ground cover material. At the back edge of these lawns, canopy trees
will be planted at regular spacing (30' o.c.). Parallel to the row of canopy trees will be
a combined 6' sidewalk/public bike trail. The location of the trail pulls it back from
moving cars and will provide shade and visual relief from the highly traveled arterial road.
The remaining three to four foot wide zone between the sidewalt/pu,blic bike trail and
building facades will be either planted in grass or covered with an enhanced paving
material. Along North Carroll Avenue, final location of sidewalks will be dependent upon
the location and configuration of later phase buildings behind the Town Edge Zone, with
no sidewalk encroaching within the initial 20' depth defined by lawn and trees.
III. FN 7ItiEEIZINr ANALYSIS
�.► The engineering analysis for the project has been performed by registered engineers,
licensed in the State of Texas. The project infrastructure has been designed to create safe,
functioning street, drainage, and utility systems and traffic flow that contribute to the
quality of the development.
A. Street System
The street system consists of local non-residential streets with varying right-of-way width.
The right-of-way extends to the face of buildings and contains pedestrian friendly concrete
sidewalks (11 to 14 feet in width); two way, twelve foot wide asphalt roadways with
concrete curb and gutter, and on -street parking. The right-of-way also contains on -street
parking which is 45 degree angled parking around the town square with parallel parking
on the remainder of the streets. The paving materials were chosen to reflect the downtown
atmosphere and reduce maintenance.
B. Drainage System
Phase I lies within three drainage basins with the majority of the area draining to two
detention ponds which release flow into two existing 6' x 3' reinforced concrete box
culverts. (R.C.B.C.) The drainage plan will include the design of a storm sewer system
to collect the 100 year frequency storm event and route the discharge to detention basins
1OA-22
proposed in Block 1 and Block 2A. The detention basin in Block 1 will be replaced with
an underground detention vault when the parking garage is constructed on the block.
The remainder of the drainage area is routed to the north to existing ponds which will have
increased detention through the use of berms and outfall structures. In the development
of future phases, the existing ponds will be replaced by detention basins. Any drainage
basins contributing runoff to this site shall be allowed to pass through the development
with no detention requirements.
C. Water Distribution
The proposed Phase I water distribution analysis shall consist of a 12" water line along
F.N1. 1709 and Carroll Avenue and internally looped 12 inch 8 inch water lines. The
water lines are to be located under the proposed on -street parking area to reduce the impact
on the roadways during the time of any ma.; .tenance activities.
The water meter vaults are to be predominantly located in the sidewalk, the fire service
water is located between the driveway and the side of the buildings.
D. Sanitary Sewer Collection System
Phase I shall be serviced with gravity flow lines to the existing sanitary sewer line in F.M.
1709. Future phases will gravity flow to the north to the proposed sanitary sewer line
under S.H. 114. If the line has not been constructed, a lift station shall be installed and
the sewer shall be temporarily pumped back to the south.
10A-23
EXHIBIT C
HCBCCNTRACTCRS
SCUTHL.AKE TOWN SQUARE
PHASE t
TOTAL
iTEN CESCRIPTION "TM'
),NFRASTRUCTURE
A) MASS EXCAVATICN S EARTHWCRK
�=+R 3,GRL—= Si T E �C iC
�
=CUG�-i GRACE 'Avg -J CwF 111 -
=.<CSICN CCNTRCL
SUBTOTAL MASS EXCAVATION 3 EARTHWCRK
31 STREETS & CURBS
GRACING FCR '_:ME
S 7 CRM CRAINAGE
"
NA'R SERVICES
"s r
:?NITARY SONER
-ER 'jTfL:T'ES •
s
a7E-HAVING
_:.f_T1NG CIS-.MIEUi CN 3 GRAP"lCS "'
s
SUBTOTAL STREETS S CURBS
Cl CPFSRE ROADWORK
-.,AF= C SIGNAL'NCRK
s
RCAC MCCIFFCA T ICNS
s
SUBTOTAL OPF-SITE ROA0WCRK
i
C) SIDEWALKS
GRACING FCR '_:ME
- C.i75 sv
= rE-SCAPE
SiCENALKS I SAVING
ea
-7RE- FU'RNIP 'RE
-
RE-SEES,=�11NTERS..RRIGA-CN. DRAINAGE
3.sE8 f
4SC LANECUS C, rIER 1, EMS
3.sE8 f
SUBTOTAL SIDEWALKS
3,tG8 Y
TOTAL ,NFRASTRUCTURE (Loss Parks)
t,7a2,300 of
i
:1 PUBL:C PARKS
i
A) TOWN SQUARE
_aNCSCAPING (HARCSCAPE i SCF'SCAPE,
27.3C0 sr
=CNAIN ALLCWANCE
OT
s
3) BANDSHELL SQUARE
L.ANC-SCAPING (HARCSCAPE i SCFTSCAPS,
:7.3C0 st
CONTAIN ALLCWANCE
s
?ANCSHE L PAVIL;CN
j s
C) SPECIALTY LIGHTING AND POWER FOR PARKS
BARK L:GHTING AND EVENT POWER '^
75.6CO st
SUBTOTAL PUBLIC PARKS
I 75,C00 st
TOTAL PARKS
76,C00 $f
TOTAL INFRASTRUCTURE (Including Forks)
I 1,74t400 54
10A-24
-C3 CCNTRACTORS
icur-N OROER OF '4AGmr7UOE E.773"TE
Z.-AL - 14FRASTRUC7-RE
.TE.N. CESCRIPTTCN To(a
=XCAVA^.CN L 1.3 =Y+CRK
-' E,1R S RUB SIT-
_MPCRARY -ER!M cR
-*-c.+R S GRUB STTE 'U aC
SUBTOTAL CLEAR 6 SRUB SITE +0 AC
;CuGH GRAOE'a.a'a CwFa1
�APCRARY RCAOS :LRING CCNS-RL'C':CN -S
='LI. .C-,VF1. �-rn CCU :"
IUSTOrAL .iCUGN GRACE 125.0m AC
_RCSICN CCNTROI
:RCSICN CCNTRCL '+<.+00 SF
SUBTOTAL EROSX)N CONTROL I.,, A1400 SF
SUBTOTAL'AA33 E(CAV. EARTHWORK '.:42+00 SF
-RAGE cCR u4E �ra+� �a ++a)
;RACING SCR c,ME
:3-33 SY
SUBTOTAL •:RAGE FCR JAE
Ty
i ORM ORA74AGE
�7CRM CRAINAGc ='P'NG 118-
S T CRM CRAINAGE P'P'NG 171-
M LF
=Rm CRAYWGE �'PNG,24-I
.:m
Sr CRM ORAu+AGE P'PT+G i_T',
i8A LF
STCRM CRAJMGE ?'P'NG'30'1
+03 -F
-noy CPA ;E
VCRM CRNPIACE
CRM DRAINAGE-'P'NG,48-1
:94 L%
-VC STORM
it4 -,
r °VC STCRM
:45 LF
7 PVC STCRM
- PVC STCRM
' 74 '_F
' S °VC =RM
' 45 -F
PVC STCRM FR'T1r+G
LS
ROOF 0RA1N STLBCK.TS
=i
+i
3' RCCF GRAIN STLBCL'TS
EA
SLOTT-D GRA24St17'
�40 LF
SLOTTED ORNNS 4'8-
.340 LF
SLOT-Eo CRAIRS --1-
!80
VAL--Y JrTU:S a SLOTTED CRNNB
_160 LF
CATCH BASIN e BLtLCJ.GS
3
:--A 3' BOX CJLYEiT
:8 "
:Q"YP- 3 HEAL1nAL:
3 :A
:d'TYP£ S HEACWAL
-A
:4--YPE C HEACNAL_
=A
W 1'PE C HEALYVAI-
EA
+8'TYPE C HEACVVA"
I EA
'0'CURB '•NLET
3 EA
'v RECESSED C.RB NLET
2 =A
is, =R8 IM£T
2 FA
1 T RECESSED C: RB r+L=;
' =A
S z S Y'NLET
9 EA
a'z4'Y NLET
1 EA
REMCVE EXIST RCP o.PV4G
450 LF
.REMOVE F.)' (1ST t�E?
3 EA
REMOVE E)1= '!EAZCWALL a 1709
1 EA
SPOIL ReAOVAL . — SrrE
I LS
T�� SAFETY
3.810 l.°
SUBTOTAL STORM ORANAGE
4234 LF
WATER SERVICES
-,WC'NAiER SYC-C 3LDGS (&M LFl
11 EA
7 '^/C WATER SVC -0 SLOGS (2.80 LF)
8 EA
3' OR PVC'JVATER
d80 LF
3ORPVC WATER FREE
340LF
3' OR PVC WATER
4.940 LF
:T CR PVC WATER
3.140 LF
i' GAT, E VALVE WI 3CX
47 EA
3' GATE VALVE'Nr BOX
23 EA
i GAT VAL'/' NI 3CX
14 EA
BLCWCFF'/ALVE
5 EA
i CCAIOLE GAT 'IAL I'E 3 CEiECTOR C'^ECK
7 =A
-IRE HYDRANTS
24 EA
C.I.=FrTINGS
1.00 LS
CCENECTTO ECZ'.-,G i 1Z 45 (deg—) 22e-CS)
2 EA
CJr 3 PLUG
I E'
-RENCH SAFE:
9.580 LF
SPCIL REMCVAL =RCtiI SrrE
I LS
7EST'NATER L.NES
I LS
SUBTOTAL WATER SERVICES
4234 LF 1 OA-25
<3 CCNTRACTCRS
=CU(7N CRCER CF VIAQWrJCE EST:MA.TE
='nL - NFRASTRUCURE
TVA CESCRIP^CI4
-
-'arm
-arannty 'J..%l
:At4TARY -EWER
za
: �tA. •.yrrCl= :N _4S� "`rG :. E'nER
a
A• -U 'AAP#CLE TAT
:9 A
:RCP',W#-CL=
°A
_C?1. ZEP-1-
-- ".EWER :ERv1G= .:5 _P'•
_�
SE'NER=E3V1C' :7C -
o
' S'LBCtl•
+
:CNCRE- �•rC.LSE�+E"rT
.5 _=
-,RE-401 SAFETY
+nab LF
:PCIL RE%OCVAL =RCM S.'T'c
cS SۥNE.R _.NES
_S
Z:BTOTAL :r WAAY SEWER
.._ry LF
:THER VTTL,7-gs
=QNATc 'JTIILMES -C 3E ?QCVICEC
_
3Y CT)-ERS.
.: STOTAL OTHER JTIL:^ES
-
A VMG - STREET TS
_ME -REPARATION
• '57 SY
3LUETCP AFTER Ui7L-TY YVCRK
:57 SY
- ASPb4AL7RCACWAY
'57 SY
-ME PRL?ARATICN
4 SY
3WE-TCP AFTER LTLr/'NCRK
:24 SY
LSPFVLi RCALWAY
:-.4 SY
::RH b 3.TM9
:,t W LF
A A VW4Q - STREET 25
_.ME .'4£nARAT,CN
•<7 :Y
3WE-7,CP AFTER I.'nL- 'NCRK
'S7 SY
ASPNALTRCACWAY
'.:57 SY
;,'R8 3 GUT7ETt
'_ c
AAVl4G-STREET se
_.ME PREPARATION
- :67 SY
3WE-TCP AF"E4 t nUTY'NCRK
A :97 SY
--SPfV 7RCACWAY
♦'37 SY
'JRH b GUr.ER
as dF
-AVM - STREET PC
_ ME PREPARAr1CN
i.; 7? SY
SLUE-TCP AFTER UI LTY'NCRK
i.1-3 SY
A_' FV T.RQACWAY
i.T SY
wRH b GifTTER
-AVW6. STREET 20
JME PRtPARAT)CN
= SY
?LUE-TOP AFTE.R UTTLTY WORK
i."3 SY
ASPFNLT RCACWAY
i.i T3 SY
MB b GUTTER
_Da5 LF
a'L6TOTAL STREET ►AVM
l=l LF
L.'GHTm =TRlSlI ON A GRATt#CS
-U ELECIW »
.NDERGRCI.ND E1L-CRK.LL SYSTBA 11)
1 LS
PAQ MOLr4'rM 7, RAr6FC1WERS (I)
1 Ls
—NOUM AM OUCB/N K (1)
1 LS
:VE�l MSTRIBUT'AN RELOCATION (1)
1 LS
VEER ECUPV—"T ANC BASES (1)
1 LS
STRE=GHTS (1)
1 LS
SITE GRAP4.'S (PRM
1 LS
SUBTOTAL LPCKTNG OCVX & GRAP"M
1 Ls
CFFSTTE RCAOWORK
TRAFFIC SIGNAL WCRK
TRAFFIC SK3t4&L a 1709 b STREET -3'
1 LS
ALL CARRCLL AVE. NCRK OELETED
t LS
SUBTOTAL OFFSTTE ROADWORK
1 LS
CAD MOD(Pr-ATIONS
JECELERAPCN W:E O ' ; O8
1 EA
:,RM CUTS
3 EA
�r
SUBTOTAL ACAD .MCOWCATIONS
t LS
SUBTOTAL OFFStTE RCAOWCRK
t LS
TUSTCTAL3TREEIS & C.R&SF
1OA-26
-C3.:^.NTRACTORS
7CUf..4 ORDER OF MAGMTUOE E. T7NATE
:NlL - NFRASTRUCTURE
'TSM / OESCRtPTICN 7otm
_u Wv J.A&
SIC EWA_:S
^RA^ING :ra _ME
'?ICE °CR _..uE S,� oav •Y« o4c7 i :+ SY
3MCE FCR _.ME 773 SY
:RITE oR _.'.tE.sor.4U nqt oe al 3Y
SUBTOTAL ';RACNG FOR UME :0.375 SY
371C=ESCAPE
-T v c=T 3-
SIDEWALKS a PAVNG
TEE=T SMEWALAS 1.685 SF
1CA RAMPS I,
SUBTOTAL SIOEWALICS .L PAVING i.d65
STREET FURHTURE
-:ZxSH REtEPTICALS
3 =A
'_IK` .RAG KS
=A
EN04ES
a
ZUBTOTAL STREET FURMTURE
3
STREET TREES P1_ANTERS :RRIGAT)OK DRAINAGE
�FE 3RAT'c SUPPORT GAL.V IRON
3 L3S
--4E=GRATES
3 E.A
7 RUBS 4 BENCHES
7 EA
- ;XUP£R TREE 4 BENCHES
3 _A
3xUkC C.(R 4 BENCHES
3 5F
CAUP"R'REESa.TME=,
•4 Vk
3ROL.NO CIR Q 3.5- CALIPER 7RE=5
+48 SF
3RCLNO CIR 4 P1INTERS
i1 SF
2ER1A'UCA SOO
:9 SY
RRIGAT104
SF
-RE=',vELL C:t+OUITS 6 IRRIG. SLc=LES
d EA
SUBTOTAL TREES. PUNTERS .RRUG._
2,-60 SF
ILStF1 F _tin OTHER MBIAS
_�G•fT POLE FIXTURES
3 EA
_;GHT POLE BASES
0 F—,
S: RIPING
7 LF
%RECAST _AIAPER STOPS
3 EA
SUBTOTAL MSC OTHER TTEW
0 EA
SUBTOTAL STREETS-
NS LF
. REST
fUOEWALK3 i PAVING
3'Rt--7 SIOEWAULS
:6.785 SF
-AGE OUT STEPS
175 LF
•rA RAMPS
:0 EA
SUBTOTAL SWEWALKS 4. PAVNG
'R.735
STREET FVRMURE
-RASH RECz` MCALS
t1 _A
BIKE RACX3
4 EA
BENCHES
3 EA
SUBTOTAL STREET FUltwruRE
M EA
STREET TREE], PLAXTER3. IRRIGATIOK DRA21AGE
TREE GRATE SUPPORT GALV IRON
1.754 LSS
13 EA
+RUBS Q BENC WS
0 EA
Z- CAL:POR TREE i3 BENCHES
0 EA
3RCLI40 C!R ® BENCHES
0 SF
3.5- CALIPER TREES a STREET
II EA
SROLNO C VR ® 3.5- UAUV*_K
3ROUN0 CJR C PLWrFRS
Z115 SF
3ERWCA SOO
0 SY
RRICkTION
5.015 SF
'REP ORAAHAC'E
22 EA
TREE WELL CONOUffB 6 IRRIG. SLEEVES
24 EA
SUBTOTAL TREES PLANTERS. IRRIO._
5.015 3F
NSCELLEOU3 OTHER REIAS
_:GFTT PCLE FLXTL'RES
0 A
_,GHT POLE BASES
0 EA
'i STRIPING
IRECAST BL.MPER STOPS
1.751 LF
104 EA
SUBTOTAL MSG OTHER TTOAS
0 EA
SUBTOTAL STREET -C- 929 LF
10A-27
{3 :CHTRACTCR5
C L1GH ORDER OF MAC;I T CE ES'TIA"E
=nL - HFRASTRUCTURE
TEM OESCRIP'1CN "uy
vcc� -^ . na.i K510E
=;C E'NALXS S?AV1NG
BTCTAL :CENA Lti i lAv7eG i.:91
-"EFT-URMTURE
�--STOTAL STREET--UR14TURE
+ U
TWEET TREES. ?UHT ERS. RRICA MCM. 0RANAGF
-7EE GRATE .::P—RT GALV RCN
:.' 97 _3S
-RE:-: GRATES
- _A
G-RuBS $ ae4( ES
7 -A
- :. PER -RE-, d 3E4L—ES
7 >
=RCl Q CJR d BE+L--ES
:5d SF
.' =,aLPIER 'BEES a STREET
=ROL.NO CJR +• CaL:PER SEES
'.:CO SF
;ACU40 Crn 4 PI_ANTERS
:84 s
'.E.RMUCA SCC
3 SY
RRIGATICN
:a4 SF
-7RE=— CRAINAGE
2 _4
-REE �NE�-1 C-Df .riS S ;RRIG. SLEEVES
=�
,UBTCTAL 7REES ?LAMTERS. ,RRK-
'.:SA SF
�AsC^11 'otcQ OTHER r0AS
_.GNT 5 =1X �LRES
• t EA
_.GHT �CLE 3.kSES
7 E1
=TRIPING
7-F
-REC.LST.'L*APE.R SCPS
J -{
3:BTOTAL hISC_ OTHER ITE34S
J EA
UBTOTAL STREET"'ARKSIOE
+29 LF
TTn E£T
yOEWALKS i PAVMG
TME�i SICEWALK.S
' 6.7 SS SF
=ACE OLfT STEMS
_14 LF
SERVICE .RAAWS
'8 LF
-USTOTAL MDEWALRS 6 PAVPIG
'4783
STREET FURN TU R E
ESN RECE�CALS
'1 =,
3 E+QfES
i =4
31KE RACXS
+ EA
SUBTOTAL STREET JRMTURE
M EA
STREET TREE]. PLANTERS IRRIGATX)K ORANAGE
'REE GRATE SUPoCRT GALV IRON
7—SA L35
"REE GRATES
18
�n ;as o aEN -Es
J E+
CAL'PER TRE` Q BENCHES
0 EA
GROV4D C!R Q BEb'ES
0 SF
3S' CAL.1 TREE (2STRE_`T
= EA
GRouNiO CM Q 3.5CAI1P£.R TREES
700 SF
GROUC CIR Q PIMITERS
Z 115 SF
3EmM Soo
0 SY
RRIGATION
5.015 SF
-REE 0RAY4A[ E
ZZ EA
-REE'NELL CCNGLiTS S IRRIG. SL--lES
'-A =A
3L10TOTAL TREES iU FTERS. IRRIG_
5.015 SF
r =ELLEDUS OTHER rE=
_:GHiT?CLE FIX'LRES
0 E''
_IGHT POLE BASES
0 EA
STRIPING
i.751 LF
�R ECAST BUMPER STOPS
104 EA
AIBTOTAL WSG OTHER r043
0 EA
SUBTOTAL STREET'y
M LF
1OA-28
-C3 CCHTRACTORS
iCVGH ORDER OF kLAGN'TUOE ESTAIATE
=.`AL - #NFRASTRUCTURE
:TEM I OESCRIPTICN
7oral
=uer.Kr u. SL
;TREE? '7" - aoAxslOE
:;CEWALKS S PAYING
!77�E= SICEWAL.<S
i_51 SF
iCA RAMPS
a
::LBTOTAL SIDEWAL.` .5 S PAVING
i.281
STREET FURHRURE
Zr ASt� REC'?"C?L
= =jk
3IKE RACKS.
3 EA
3E*K4ES
SUBTOTAL STREET .RJRNTTURE
4 EA
STREET TREES. ?tAWER3.:RRtGATION. ORANAG£
-REE GRATE SLP�,RT SALV !RCN
:.167 .35
-REE GRATES
2 ES.
D-RUBS 0 BIENCI-,ES
3 EA
_' : u. P£R ARE-= iM 8ENCHES
7 EA
3ROU NO CAR d 3e<HES
:_16 SF
.' CAL'PsR TRE_S a SIRE-
: E.A
3ROLN0 Chi 4 •' CaUPER -REFS
'.X'00 SF
3RCLA4O cm 0 PLANTERS
S84 :F
3ERMUCA SOO
J SY
RRIGATICN _
'.38A SF
'REE CRNNAGE
72 EA
"REE'NEU C'ONWfTS S IRRIG. SLEEVES
'2 EA
SUBTOTAL TREES. m-AHTERS IRRIG_
t-3tA IF
AtSCELLEOLA OTHER TTEm
'_IGW POLE FIXTLRES
_:GMT POLE 3ASES
3 EA
STRIPING
3 '_F
�RECXST 3LDAPER STCPS
3 EA
SUBTOTAL.ILSC OTHER ITEMS
'] ES.
.UBTOTAL ?RE—z '7"-ARKMOE 329
M EET - r
MOEWALK3 1 PAYING
STRE_E'T SICEWALLS 3.353 SF
ADA RAMPS t EA
SUBTOTAL SIDEWALKS i PAVING 3 = SF
STREET FURKTURE
TRASH RECEP•'CALS
5 EA
3ENCHES
= EA
31KE RACXS
2 =A
SUBTOTAL STREET FURWTURE
9 EA
STREET TREES PLANTERS. IRRIGATICK ORA)/AGE
TREE GRATE SLPPORT GALV IRON
768 !_3S
'REF GRATES
3 EA
SHRUBS m Se<atES u s
CALIPER TREE a BENCHES 0 EA
3.5" CALIPER 7RE-_S 0 STREET
3 EA
GROLNO CIR Q 3.5' CALIPER TREES
96 SF
GROL.NO CNR Q PLANTERS
592 SF
BERM"
O SY
IRRIGATION
t.3U SF
TREE ORMMIoE
! EA
TREE WELL CONCLM d IRRIG. SL+°n/ES
• EA
SUBTOTAL TREES PLANTERS IRRIr
1.3Ei SF
M3CELLEOUS OTHER (TEENS
uGHT POLE FLX7-RES
O EA
uGHT POLE BASES
O EA
STRIPING
580 LF
PRECAST WAPER STOPS
27 EA
SUBTOTAL Ii4C OTHER 17TFlt3
0 EA
SUBTOTAL STREET Y
200 LF
1OA-29
-C3 ZCNTRAC-CRS
GH ORCER OF MAGMTUOE cST'MATE
_': L - INFRASTRUCTURE
TE.M; CESC4IP7CN -atv
OCE'NALIL3 3 PAViG
�E , SICE'NAL.AS
_•:+ of
r+ RAMPS
_
-..37C TA C10 EWA L AZ S
-5ET FURMTURE
RACXS
=>
:-_6T OTAL STREET =URWTURE
+ Z1.
TTREET 7REE3. PLANTERS. AA%'.ATION. CRANAGE
>EE GRATE SUP-:'RT GAL'/'PON
?8 _9S
�EEGRATE S
}RUBS t',1 aE*K--ES
=A
- = ;PER -REE 4 BE.NCIES
=
RCt,NO C'JR tZ dE+C-ES
:' :A :PER `REES A sRE=
=A
ROL.NO CIR a J.S CAL;PER
RCl.NO CJR a PL-NTE.RS
ERMUG SC0
J SY
RRr-ATICN
_88 SF
act DRAINAGE
i
_-;cc'NF_ L CONCURS S .RRIG. SLEE /ES
A
7-BTOTAL -REES PLANTERS .RR?r—
t.JBi 3F
+4SC'LLECU3 OTHER TTEXS
FIX'V'RES
J A
..:,4T POLE WES
RiPTiG
J -=
=aECAST 3LR.APER STCPS
«: B TO TAL .ILSC. OTHER 7E3t3
l
;.BTOTAL STREET = ^ARKSIDE
_'JO _=
—EPT'I
=EVVALx3 i PAVING
STREET SICEWALKS
8 SF
ICE OUT STEPS
ix
1ZA RAMPS
.• E.A
JSTOTAL =EWALK3 L ?AVM G
Z"ll SF
S"R EET FUR}(TUAE
- J REC VLS
m =A
3;KE RACXS
A EA
3:8TOTAL STREET FURNITURE
J3 EA
STREET TREES PLANTERS ;RRMATION. ORANAGE
-RE--- GRATE SUP—^RT GALV IRC 4
382 _3S
-REE GRATES
3 EA
?fil.7B5 0 UNCHE3
J EA
7 CAL'pER TREE d 9E'Q'.ES
3 A
:-otOL.NO cm O BEND4ES
3 SF
SS' J UP" TREES Q STREET
i3 EA
3ROUNO C!R jj_37 CAU PAR TRI=-S
'.3Ge SF
SROUC CJR Q PIMRERS
:.b63 :f
3l:.R1.Al0A SGO
383 SY
RR}GATKN
'8.c l SF
-REE CPAINVUE
:3 EA
SEE W-E , CONOUTS S '.RRIG. SLE_'-VES
,7 EA
SL;STOTAL TREES. PLANTERS IRRIG_.
tE,S26 SF
weSCELLEDUS OTHER REM3
_GHT POLE FUCiU'RES
3 EA
_�GHT POLE WES
J _A
ING
;343 'L
%-ECAST 3LMPER STCPS
'M !A
3LBTOTAL MSC. OTHER RE►L5
J EA
St-STOTAL STREET'4-
1._37 LF
1OA-30
{3 CC 4TRAC'CRS
'C!'OH CROER OF eACMTUDE ESTTIATE
`!IL - NFRASTRUC7URE
;TEN I OESCRIPTICN
'oral
Zuw*xv J.M.
::CEIVALKS S PA`iV#G
-RE= S,CEYVAL.AS
S.4ad SF
=E� RAMPS
, a
BTOTAL MOEWALXS & PAVING
SF
:STREET FURNTRIRE
RECE?T'CTLS
7 =�
'"Ella -ES
7 =A
-IKE RACXS
7 z.%
:::BTOTAL STREET FURWrURE
7 EA
S REET-REES PLANTERS ARPCATON. ORANAGE
ZEE :;RATE :S:P—:RT SAl'/'RCN
SEE GRATES
? '�
3-RUBS a BENCHES
'I EA
:- ALiPR TREE Q BENG"ES
l EA
3Rcuc cm d se<: `ES
2 SF
+' AL_;PER TREES A STREET
I EA
3RCLN0 CA 4 ,- CALIPER -RE=S
' :00 SF
31OLNO CIR a PLANTERS
_aA SF
3ERM,CA SCO
132 SY
RRICIATCN
:.ISO SF
-RE= CRAINAGE
': 'A
SEE wELL CONGIATS J.:RRIG. SLEEVES
'7 EA
5L18TGTAL TREFM PLANTERS :RRIC
2.:EO SF
• 6C=1 t r,= OTHER MUMS
_GHT PC -LE FI)MRES
-A
_.GMT POLE 3ASES
7 EA
S7RIP'NG
2 LF
=RECAST 3LPAP'-R STEPS
7 -A
:USTOTAL 1LSC OTHER TTETA3
_ 0 EA
Z:BTCTAL TREE? - PARK�DE •.237 ! f
REST -I-
=EWALKS i PAVMG
STREET SICEWALKS O SF
AZA RAMPS 0 EA
SUBTOTAL 3IOEWALK3 A PAVW4G 0 SF
STREET FURWTUR£
-RASH RECEFrCALS
: -A
3ENCHF3
3 EA
31KE RACXS
O EA
SUBTOTAL STREET FUFVMR£
5 EA
TREET'REY& PLANTERS IRRICATICK ORAIMGE
RED GRATE SEAPORT GALY !RCN
754 L3S
'RE` GRATES
A EA
SHRUBS Q BENCHES
Cl EA
- CALIPER TREE 0 BE Z;iS
'0 EA
SROCNO CVR Q BHfCI•ES
0 SF
:.5- CALIPER TREES 0 STREET
0 EA
GRCLM CIA Q 3.5- CALIPER TREES
0 SF
3RCk.*C CIA Q PLANTERS
0 SF
3EFJA-GA SOO
0 SY
.RRIGATION
a SF
TREE ORA/yM,E
0 EA
-R E-c WELL COFCLU3 d IRRIG. SL.E_NES
0 EA
SUBTOTAL TREES. PLANTERS IRRIG_
0 SF
%e=ELLEC= OTHER CTE 3
AGM PCLc FIRES
0 EA
":GHT POI, BASES
0 EA
STRIPING
-90 LF
?RECAST BLmMR TCPS
ST EA
SUBTOTAL bS3r— OTHER MEMS
u EA
SUBTOTAL STREET-5-
200 LF
10A-31
-C3 CONTRACTCR3
I CUC.H OR0 ER CF KA GNTUCE=STWA7S
=nL - NFRASTRUC( URE
T&N: CESC ZIP^.CN 'ad
` ;uarti*v J.w
:TR-'- - PARKL10E
�;CEWALRS S PAWW-
P__' SICENALA
,CA P}MPS
:JBTOTAL .7CEVYAL.KS 6 PAV11G
i.--3 SF
77REET FURNTURE
?�qi RECE?T'C%lS
7 >
31KE -ACKS
7 _>
::BTOTAL STREET FURNTURE
l EA
REST -REES PLANTERS-.RRIGATCN. 0RAOAAGE
SEE CRATE Si:P—,RT SAL'/'RCN
t9Z _9S
REE GRATES
=i
>.RUM a aE'ma} s
KI.P�R "RE c� BENC.`-ES
7 EA
3RCU4() CJR Q ?e<+ -ES
3 SF
+" ^_A.L:P<_R SEES a STRE='
-- EA.
:;RCK.NO C!R Q CALIPER -REES
_&A SF
�;Rc'-NO C-M A P1_,+NTERS
:84 SF
2E9MjGA SCO
3 SY
RRIGATICN
:.37: SF
--T, EE C. RAINAGE
: EA
TREE'HF-L CONOURS d ,RRIG. 3LE_=YES
i EK
SUBTOTAL TREFS. PLiNTEAS:RR1f
2�37Z SF
463CELLE0U3 OTHER Mods
-�GF(T POLE FIXTURES
+ EA
_GHT N'LE BASES
7 EA
STRIPING
7 ,f
-RECAST BUTAP-R STCPS
3 =A
SUBTOTAL WLSG OTHER ITEMS
3 EA
ti BT CTAL :TREE' -I- - PARKLICE
_00 '_
STREET ' 701
=EWALJCS L PAVV G
STREET SICEWAL-KS
'.-9 SF
+CA RAMPS
3 EA
SUBTOTAL SIDEWALKS i PAY14G
7.419 SF
STREET FVRNTVRE
' L-ZH RECEFT S
:1 EA
3Eva+ES
3 =,
BIKE RACKS
+ EA
SJBTOTAL STREET FUFU4MJRE
15 E.A
STREET TREES. PLANTERS. :R"QAT"C JRAIAAGE
TREE GRATE SLAIPCRT GAL'/'RCN
3 '3S
"RED GRATES
3 EA
SHRUBS (I ae4o'Es
0 EA
' �a PeR -REE a aENC}'ES
3 EA
SRCUNO CrR a BENCHES
3 SF
3.5- CALPER TR EIS Q SR>zT
3 EA
SROUDO CIR 4 35- CALIPER TREES
1.068 SF
GRCLNO CVR a PI.ANTEiS
3 SF
3 ERbl)OA S00
5.8A.A SY
.RRIG KN
�6-44 SF
TREE ORA24AGE
35 EA
TREE WEI-L CCN fTS 6 .RRIG. SL--EVES
19 EA
SUBTOTAL TREE-3, ? ANTER3- IRRK:-
55-1 4 SF
xSCFLLEOUS OTHER IT'EW3
'_:GHT POLE FIXTI:RES
3 EA
',GHT POLE BASES
3 EA
STRIPING
3 '-r
PRECAST aU.tP-R STCPS
3 EA
SUBTOTAL 1LS'C. OTHER ITE)93
0 EA
SUBTOTAL STREET 1709
1.16E LF
1OA-32
<3 CCNTRACTCRS
i Ck)GH ORDER OF YAGi4TUDE =STTIA TE
-VIL . NFRASTRUCTURE
y� REM / OESCRIP^CN
J..x
=AaROLL AVENUE
::C ENALKS a PAVING
BEET SICENAL.AS ZF
�ZA RAMPS
A;BTOTAL SIDEWALI(S L PAVING i.3;2 SF
T. R£ET FVRIRURE
'7,ti5H RECEPTGLS
: EA
=-4C�ES
3 °+
31KE RACXS
3L'BTOTAL STREET .�3RtiTURE
Ea
REET TREE& PLANTER& IRR)GATICH. ORANAGE
-%ZE-= GRATE SL'POCRT SAL'/'RCM
3 '_3S
-2r EE GRATES
3 EA
.}�RU8S A BENCHES
3 EA
:' CTL'PE4 TREE d BENCHES
3 =+
3RCL.NO CM d BENCHES
3 SF
;,AL;PER -RE_S 4 STREE7
`-A
3RCUNO C/R 4 3.6- CALIPER 'BEES
3 SF
3RCLNO C/R a P+INTERS
3 SF
3ERMUOA SOO
;w SY
RRIGATION
'0.3M SF
IREE ORAINAGE
= EA
-REE'NELL CDNOUTTS 3 IRRIG. SLEEVES
3 SA
"TOTAL TREr3. -aNTERi ,RRlG._
'0.920 SF
%93CELL£OUS OTHER MEEMS
-GHT POLE F+3CTL'RES
3 EA
-�GHT POLE BASES
3 FA
r.RIP'NG
3 -=
-RECAST WAFER STCPS
3 EA
:UBTOTAL MSG OTHER ITEMS
3 EA
:I:BTOTAL J.ARCL�. AVENUE
'.:%a :i
1OA-33
-C3 CONTRACTOR3
i OUGH ORDER OF MAW4MOE ESTS"TE
=AL . NFRASTRUC-URE
- .TE7A ( CESCRIP-ION 7uer
�uarxrV 'J. �l
SUMMARY OF CATEGORIES
-IDEWALAS, PAVING
i'?E —3
i ia5 SF
;TREE:
-35 SF
RE_' - n°RKSICE
„YME-7•--ARKSICE
5:51 SF
SME=7':
::53 SF
S-.REE7 ^" • PARKSICE
: -CA SF
SRE_r
:JA!a SF
�7RE_i 'a-- PARKSICE
5.=38 SF
a THE-7''."
7 SF
STREET -S' • PARKSICE
_ =9 SF
SREE7 1709
,-a SF
CARROLL.>Ve'UE
i C4: SF
SUBTOTAL SIDEWALKSI PAVV4G
'0A._38 SF
STREET FURIVTURE
STREET'3'
3 EA
S REET ^
:3 LA
STREET •^ . PARKSICE
+ =A
STREET 7
:3 EA
S REEf 7- PARKSICE
+ EA
SKEET-3
3 EA,
STREET'-PARKSICE
• =A
STREET 'a•
:3 EA
STREET'a'- PARKSICE
1 EA
5'REc-TT
5 EA
ZME='T T - PARKSICE
7 Ea
37REE71709
'S ,=A
=APROLLAVENUE
_A
_USTOTAL STREET FURNTURE
'76 EA
STREET TREES. TL.:.NTER S. ,RRIGA TICK ORA04AGE
T.RE_ET•3"
:_40 SF
STREET "t-
5.015 SF
STREETS-PARKSICE
1:84 SF
STRE__-T 7
5.015 SF
STREET 7- PARKSICE
1.:84 SF
S,REE7 "'
'._88 SF
STREET' -PARKSICE
'.-"88 SF
STREET -a•
'a.326 SF
STREE-, "4'-PARKSJCE
:.'80 SF
STRE_E7-5'
7 SF
STREET T- PARKSICE
1377, SF
STREET 1709
55._84 SF
1RROLLAVIU4UE
10.920 SF
_WEITOTAL TREE:. TL.AMTERS :BRIG...
107.514 SF
VBSCELLAMEGUS OTHER ITEMS
STREETS"
3 EA
STREET 7
3 EA
STREET L"-PARKSJCE
3 EA
STREET-7
3 EA
STREET 7 - PARKSICE
3 EA
STREET-r
3 EA
STREET?-PARKS30E
0 EA
STREET-4-
0 EA
STREET'4-- PARKSICE
0 EA
TME_Ef'5'
3 EA
STREET"S'-PARKSICE
3 EA
STREET 1709
3 EA
CARROLLAVENUE
3 EA
SUBTOTAL MISQ OTHER ITEMS
0 EA
1OA-34
.C3 CONTRACTCRS
i COCH CROER OF MAGNTUCE
_'.IL - ?/FRAST RUCTU R E
TEM , ]ESCRIP'7CN
any
uarv[v J..�l
STREETSCAPE-CTALS
177E-'3-
•g _c
STREET =` • �ARKSICE
RE='; 3'. aARKSICE
779 -F
,,RE-T-". ?ARKSICE
;,R=--T•s•-?ARK:ICE
-=7 -F
RE:T<'
:CIO LF
i RE=i <'-vARKSICE
-00 LF
37"R 1709
'.96 LF
_ARRCLL +Ve&E
-F
SUBTOTAL STREETSCAPE'.1LL �-TREETSI
•O.J85 'IF
SUlOdARY CF ITEM3 BY CATEGORY
SUBTOTAL =EWALASJ PAVT4G 'O422E SF
SUSTCTAL STREET FURMr URE '-E -A
SUBTOTAL 'REFS PLANTER3. IRRK:... '07.Std SF
SUBTCTAL WSC- OTHER fTEM3 J EA
SUBTOTAL STREETSCA.PE(ALL STREETS) 'O.OES LF
SUBTOTAL 370EWALAS - 'Ol=-%a SF
-=.T?L NFmASTRUC`URE :ESSARKS
1OA-35
»C3 zCNTRACTCRs
RCUGi1 CRCER CF NA.GNJ'IJCE=5T11AA TE
=AL - NFRA .TRUCTURE
.TE.M.:ESCRiP^.CN "oral
�uarxfV 'J..M.
aJSLC
�CwN :GUARE FCU4TAi1 3L::C:cl
E°.%K.CA :CC
CO 1
_AL.PER -7EES
:iL.PER -,?EES
_ a
-ZAT.SP-_+NT-REES
•0 _A
yff=R SCXES
_._00 3F
--.Rc= NE '-, '.RRIGATICN SL2-JES
1 EA
�E_ :;E__ CR?WAGE
1 EA
+-E',C-ES
'0 EA
��ryRECEPTACL=S
'-�
TF
-G'tVER ! ?^NER :LT-_ S i PRNAi^
:;GWGE. I+TG'c
-S
3:GhAGF `AFMUA
Elk
;:GNAGE_ Z?M
-S
a.SL.0 -E.;-+CONES
=a
-P! .GHr.NG Zj =rXRiTAIN
-CSE 318S
={
::R!NK:NG FOL.NTAJNS
-
-1p SA 7CN
�� S
::BTCTAL -CWN SCUlARE SCLNTAN SLCCXI
:7 ?00 SF
-OUKTAN ALLOWANCE
t U'
XJBT OTAL -OWN SOI"RE FOUNTAN
_ LS
3ANCSN�' SQUARE !PAVtLION 3lOCX1
+CA ?AMPS
::CEwALK-S
:.3-W SF
'_ERWCA SC
:.67t SY
SRCLNO C-"VER 4 -REE eVE__S
3 SF
:}RL 35
.000 EA
_ SAUPER 7REES
1 EA
�A�+SPIANT-R E_ S
♦ EA
-,147ER 3OXES
7 SF
-REZ-' E ; iRRIGATCN T-EFMS
3 EA
"aE_= ACE'-; JRAJNAGE
1 EA
3 eA-- E S
3 =A
-RA_?� RECEPTACLES
=A
RAMP S-.EP ASWASLY ON -E-ILL,ELE'JATED
.700 SF
7cCLAL:1 PAVING
_:00 SF
_Pcr;AL Y oCWER / P:WER OV'TL_rS (PRNATE?
1 LS
3:GNAiiE LrRGE
1 ''-S
>�3MC-E-.WMK.RA
a EA
SIGNAGE. S?AALL
1 LS
a.'BL:C TE1F3S
1 'A
1 LS
:P'_GFfrNG a PAVIUCN
1 LS
----SE 3183
1 EA
:RNK;NG FOLWAJNS
1 LS
RR'GATICN
:a.000 SF
SUBTOTAL TCWN SCJJARE MAUCH SLCCXI
37.300 3F
FOLNTAM ALLOWANCE
1 LS
>US-'OTAL 3AMDSHELL Sa FOLWTA1N
I LS
3ANOsHO.L FAVILCM
7--40 SF
SUBTOTAL BAN03NE3.1. PAVILION
2500 SF
SPcaAL'Y AND PGWER FOR PARKS
= OI.NTA:N - UGHT POLES
0 =A
=OLhTAJN - UGW ?CLL RCS
Z13 EA
= �LNTAJN - PCWER OVr S
to EA
=OLr.TAJN - SIGNAGE.:7`VI..L
12 EA
=Ct.tf'A;N. POWER ;N� ,RLJC-LIRE
1 LS
L.GN - LJGdT POLES
0 EA
=A J'L_CN - LIGHT 3CLI A+'ICS
10 EA
= A �- (-N- POWER OKIV=-S
18 Ek
Cfl - SG`+AGE S-MAL_ 70 =A
:US'CTAL SPEC- UGN'?++ S ?GWER 'S.600 SF
ma-.C-A_2ARKS 75.800 SF
1OA-36
TOTAI-.NFZASTRUCTURE;NC JCING PARKS
40 AC
EXHIBIT D
DEVELOPMENT REGULATIONS
In this P.U.D., the following development regulations and standards shall be applicable
and shall control to the extent of any conflict with other development regulations in the
Co,,,prehensive Zoning Ordinance, Landscape Ordinance and Subdivision Ordinance.
1.0 Use Regulations
a. Permitted Uses - Permitted uses shall be in accordance with the C-3 Zoning
District except as otherwise provided below.
b. Non -Permitted Uses:
The following uses shall not be permitted:
Filling stations or service stations, operating with or without a convenience store.
Frozen food lockers for individual or family use, not including the processing of
food except cutting or wrapping.
Sexually oriented businesses.
C. Uses Permitted by Specific Use Permit Only:
The following uses shall not be permitted without a Specific Use Permit approved
in accordance with Section 45 of the Comprehensive Zoning Ordinance ("Specific
Use Permit"):
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Development Rcgs:_::ons
FINAL
Sale of previously owned retail goods.
Electrical and gas repair and installation services, except where such
services are provided incidental to the retail sale of electrical and gas
appliances and supplies.
Lodges, sororities and/or fraternities.
Medical care facilities requiring or allowing an overnight stay, to include
hospitals with their related facilities and supportive retail and personal
service uses operated by or under the control of the hospital primarily for
the convenience of patients, staff and visitors.
DP-1
1oA-37 REC'D J U 2 8 1997
Non mechanical penthouses intended for human occupancy.
Nfortuaries, funeral homes and undertakers.
Plumbing and heating appliance repair and installation services, except
where such services are provided incidental to the retail sale of plumbing
and heating appliances and supplies. All storage of materials must be
indoors within this zoning district.
d. Outdoor Displays and Sales - The following outdoor displays and sales shall be
permitted:
Outdoor temporary removable displays and sales for fairs, festivals and
other'special events held in outdoor spaces by Specific Use Permit.
2. Outdoor vendor sales (with accessory display and storage) in temporary or
movable structures, including but not limited to sales of seasonal
merchandise, fruit and vegetable market sales, sales of arts and crafts
items, sales of specialty food items, and sales of a similar nature, subject
to prior approval as to any such use by Specific Use Permit. Locations
for outdoor vendor sales shall be approved as part of development plan or
site plan review, as determined by the City Council.
3. Sales from kiosks at locations approved as part of an approved
development plan or site plan, subject to prior approval as to any such use
by Specific Use Permit.
2.0 Accessory uses - Permitted accessory uses shall be in accordance with the C-3 district.
L-i addition, the following accessory uses shall be permitted:
outdoor dining and seating areas
street furniture, urban design fixtures and streetscape components
3.0 Development Regulations - In this P.U.D., the following development regulations shall
be applicable:
a. Building Height: Subject to the clarifications and modifications listed below, no
building shall exceed three (3) stories, nor shall it exceed fifty-two (52) feet in
height. Nor shall it exceed the elevation of 710 feet NGVD 1929 as specified in
Ordinance 480, Section unless specifically exempted:
431.r—.t.9(c)
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Development Regulations
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1OA-38
1. The reference datum shall be established by the sidewalk or ground
surface elevation along the side of the building fronting onto a public
right-of-wav, and not along the side(s) ofthe building facing onto interior
portions of the block.
2. For'ouildings whose adjoining sidewalk or v ound surfaces slope _n
average of 5% or more as measured along portions of the building abutting
a public right-of-way, a maximum building height of fifty-seven (5 7) feet
shall be permitted.
3. In the event a Building for a City Hall facility is located on the block
bounded by Street 3, Street D, Street 4 and Street C, such building may be
built to four (4) stories or sixty-five (6.5) feet in height;
4. No maximum number of stories shall be applied to parking structures;
provided, however, in no event shall parking structures exceed forty-two
(42) feet in height as measured from the ground elevation; provided,
however parking structures shall be permitted to a height not to exceed
fifty (50) feet by Specific Use Permit;
5. Architectural embellishments not intended for human occupancy tl:at are
integral to the architectural style of the building, including spires, belfries,
towers, cupolas, domes, and roof forms whose area in plan is no greater
than 25% of the first story plan area may exceed the height limits of this
section by up to the lesser of 50% over the permitted building height or
100% over the actual building height, and shall be exempt from the
maximum elevation limitation of Section—.3.9.c. l (g)i. of the
Comprehensive Zoning Ordinance;
6. Mechanical penthouses ancillary to the uses below, ventilation ecu pmert,
antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, or other
mechanical equipment may extend up to twenty (20) feet above the actual
building height, and provided the same shall be subject to approval at
approval of the applicable Site Plan unless: 1) are setback from all exterior
walls a distance at least equal to the vertical dimension that such items)
extend(s) above the actual building height, or 2) the exterior wall and
visible roof surfaces of such items that are set back less than their vertical
dimension above the actual building are to be constructed as
architecturally integral parts of the building facade(s) or as architectural
embellishments as described in Section 3.a.5. Penthouses intended for
human occupancy and ancillary to uses within a building may be allowed
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Development Regulations
FrNAL
DR-
1OA-39
by Specific Use Permit as determined by the City Council in connection
with development plan or site plan review.
b. Front, Side and Rear Yards: With the following exceptions, no front, side or
rear yard is required:
Buildings along Highway 1709 and the east right-of-way of North Carroll
Avenue shall maintain a minimum t'rurty-two (32) foot setback; provided,
however, in areas where right-of-way is provided for acceleration or
deceleration lanes, the minimum required setback shall be reduced to
twenty (20) feet. In the event the North Carroll Avenue right-of-way has
not been established at the time of development plan or site plan review,
the setback shall be maintained from the projected east right-of-way of
North Carroll Avenue based on information available at the time from the
City of Southlake. No service drives, parking; sidewalks greater than six
(6) feet in width, or other impermeable surfaces shall be permitted within
the setback herein provided unless buildings are setback a minimum of
fifty (50) feet. In no event shall the bufferyard along F.M. 1709 and North
Carroll Avenue be less than twenty (20) feet.
2. Buildings along State Highway 114 shall maintain a setback of fifty (50)
feet from the projected future right -of --way of State Highway 114;
provided, however, in the event such right-of-way has not been established
at the time of development plan or site plan review, the setback shall be
maintained from the projected right-of-way of State Highway 114 based
on information available at the time from the Texas Department of
Transportation.
As to all other P.U.D. boundaries, no building shall be located closer than
fifteen (15) feet from the boundary of the P.U.D.
C. Maximum Lot Coverage: The maximum lot coverage for individual lots is
100%. However, the maximum aggregate lot coverage for all buildings as a
percentage of the P.U.D. as a whole (including the area of dedicated public
streets, private drives and common open space) shall not exceed fifty-five percent
d. Building Envelopes: Where "Building Envelopes" are indicated on the Concept
Plan, no building (excluding parking structures) shall be constructed, in whole or
in part, outside of any Building Envelope as shown without a Specific Use Permit,
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Development Regu!aens
FttiAL
D FZ-4
1OA-40
as determined by the City Council in connection with development plan or site
ian review.
e. Common Open Space: Corm —non Open Space as designated or, the Concept Pia-:
_:.tali be provided for pudic .use. No building or other stn:cture stall be
constructed on any Como ;on Open Space without the prior approval of City
Council, except as follows: a bandshell pavilion shall be allowed on the block
bounded by F.'-,Iv1. 1709 to the south, Street "5" to the north, Street "C" to the east
and Street "D" to the west.
f. Building Orientation: Any Building (excluding parking garages and other
accessory buildings) within one hundrdd fifty (150) feet of a public right-of-wav
shall either face such right-of-way or shall have a facade facing such right-of-way
in keeping with.the character of the main facade.
g. Building Phasing: Buildings adiacent to F.M. 1709 and North Carroll Avenue,
as well as those buildings facing the 3 block "Town Square" district (defined as
that buildable area bounded by F.M. 1709, Street C, Street 3, and Street D,
excluding a building on the block bounded by Street 3, Street D, Street 4 and
Street C) shall be constructed prior to the construction of any above -ground
structured parking behind such buildings.
h. Facade Articulation: Any combination of buildings which are located along a
single block face may be treated as a single building for purposes of applying the
-�!quirements for facade articulation set forth in Section 43.9c.1(c) of the
Comprehensive Zoning Ordinance. The property owner shall provide an exhibit
as appropriate with each building permit showing cumulative block facade
aiculation. Nothing in this paragraph shall require the retrofitting of an exist:-.:-.
u:lding.
4.0 Projections into Required Setback or into a Right -of -Way: The following projections
shall be permitted into a required setback or landscape area or into a public easement or
right-o' way, provided that i) no projection shall be permitted into a public easement or
right-of-way along F.M. 1709, North Carroll Avenue or State Highway 114; ii) such
projections do not extend over the traveled portion of a roadway; iii) the property owner
has ass.:rned liability related to such projections; and iv) the property owner shall
main:_::: such projections in a safe and non -injurious manner:
a. Ordinary building projections, including but not limited to water tables, sills, belt
courses, pilasters, and cornices may project up to twelve (12) inches beyond a
building face or architectural projection.
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Development Rr_- ~ens
FFNAL
DR-5
1OA-41
b. Roof eaves may project up to thirty-six (36) inches beyond the building face or
architectural projection.
Architectural Projections, including bays, towers, and oriels; show wirido%vs (1st
floor only); below tirade vaults and areaways; and elements of a nature similar to
those listed; may project up to forty-two (42) inches into a required yard or
beyond the building face.
d. No portion of an architectural projection described in Sections 4.0a, b and c above
less than eight (8) feet above the ground elevation may extend more than forty-
eight (48) inches into a required yard or beyond the building face.
e. Canopies and/or awnings may project from building face and may extend to, or be
located within eight (8) inches of the back of curb. Ground -mounted supports for
items in this Section 4.0e may be approved as part of development plan or site
plan review, as determined by the City Council.
Below -grade footings approved in connection with building permits.
5.0 Off -Street Parking: With the following exceptions, parking shall be provided pursuant
to Section 35 of the Comprehensive Zoning Ordinance, and such required parking shall
be calculated in accordance with the provisions of Section 35 (including the shared
parking provisions of Section 35.2):
a. On -street as well as off-street parking shall be permitted within the P.U. D.
b. Up to twenty-five percent (25%) of required parking may be compact spaces
having a minimum space width of eight (8) feet and a minimum space length of
sixteen (16) feet; provided, however, compact spaces shall not be allowed on -
street and shall be limited to off-street parking locations. Each compact space
shall be clearly designated.
Required parking shall be located and maintained anywhere within the P.U.D.
On -street parking and shared parking anywhere within the P.U.D. may be counted
toward the off-street parking requirement for the P.U.D.
d. Where on -street parking is permitted, angled, as well as parallel parking shall be
permitted. Both forty-five (45) degree and sixty (60) degree angled parking shall
be permitted. However, no on -street, drive, or common access easement parking
shall be permitted within thirty (30) feet of the cross curb line for a cross street,
drive, or common access easement.
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Development Rezu'.a::or.s
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e. The parking requirement for office uses set forth in Sections 35.6.b(6)(a), (c) and
(d) of the Comprehensive Zoning Ordinance is one (1) parking space for 330
square feet of floor area.
The parking requirement for all retail uses set forth in Section 35.6.b(5)(a) and (e)
of the Comprehensive Zoning Ordinance is one (1) parking space for 220 square
feet of floor area.
g. Cumulative parking tabulations shall be submitted with each site plan and/or
development plan.
6.0 Off -Street Loadin;: With the following exceptions, off-street loading shall be provided
pursuant to Section 36 of the Comprehensive Zonin; Ordinance:
The minimum dimension of loading spaces shall be as follows:
10' x 25' regular size space
10' x 50' large space
b. The calculation of the minimum number of off-street loading spaces shall be in
conformance with the following schedules and rules regarding shared spaces:
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Devcloprene Re3„_ cns
FrNAL
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
3 regular spaces
Retail Uses with the following Tenant 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
100,000 sf and up*
1 2 large spaces
[DIM
1OA-43
Restaurant Uses with the following Tenant size-
0 - 9,999 sf 0 spaces
10,000 sf and up* I I regular space
*The loading requirement for multiple tenants that are each
10,000 sf or larger may be combined within a single building alzd treated
as a single tenant.
2. Loading spaces that are adjacent and accessible to several buildings or
tenant spaces, including buildings and tenant spaces on separate lots, shall
be allowed to suffice for the loading requirements for the individual
buildings or tenants provided that i) the number of spaces satisfies the
requirements for the combined square footages for the buildings or tenants
in question, and ii) for loading spaces to be shared among separate lots, an
agreement evidencing the right of tenants to the use of such spaces shall
be provided.
7.0 Streets and Sight Triangles: Within the P.U.D. the following street design standards
shall apply:
a. Except as provided herein, no sight triangle shall be required. Adequate sight
distance will be provided at all intersections through the use of appropriate traffic
control devices. Sight triangles for vehicles exiting the development for both
public streets and private drives shall be provided at intersections with F.:vi. 1709,
Carroll Avenue and State Highway 114. These sight triangles shall be the triangle
c-eated by connecting a point which is ten (10) feet into the site along the right-o:`-
,aay at the intersection and a point extending away from the intersection, a
c.stance of forty (40) feet along the existing roadway right-of-way line. See
Exhibit A attached hereto and incorporated herein by reference for examples of
t:e sight triangle provisions of this Section 7.0.a.
b. For plantings within twenty (20) feet of any public street intersection, shrubs and
groundcover shall not exceed two (2) feet in height and tree branching shall
provide seven (7) feet of clearance as measured from the top of the ground
s,-rface to the first branch along the tree trunk.
C. Nothing contained herein shall vary or supersede public safety requiremnents of the
City of Southlake as set forth in the Uniform Fire Code and other applicable laws,
r-iles and regulations of the City of Southlake.
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FINAL
DR-3
10A—"
8.0 Screening - Screening shall be provided in accordance with Sections 39 and 43.9.c. of
the Comprehensive Zoning Ordinance except screens comprised of planting materials and
located %..-ithin bufferyards along the boundary of the P.U.D. shall be exempt from the
architectural fencing offset require,:.ents of Section , 3.9.c.1.(e).
9.0 Above Grade Structured Parking - The following exemptions shad apply to above
grade striLictured parking facilities:
a. .-above grade structured parking facilities shall be exempt from the accessory
building limitations of Section 34.2 of the Comprehensive Zoning Ordinance,
provided that such facilities meet the applicable requirements of these
Development Regulations for principal- buildings, except for number of stories
which is not limited (subject to the maximum height limitation as set forth in
Section 3.0a of_these Development Regulations); provided, however, that the
Horizontal and Vertical Articulation requirements of Section 43.9 of the
Comprehensive Zoning Ordinance shall not apply, except that, subject to the
limitations set forth below, Vertical Articulation shall be provided at elevations
visible from North Carroll Avenue between State Highway 114 and F.?V1. 1709, or
F.M. 1709, and/or are visible from a tract zoned residential and/or designated as
low or medium density residential on the Land Use Plan, the property line of
rich is within four hundred (400) feet of such parking structure.
pudxmarch.wpd.
Development
F[ti.aL
in addition, any such visible elevations shall have a solid parapet wail of not less
tzan forty-six (46) inches and shall utilize colors consistent with the surrounding
principle buildings. The following exceptions to the above limitations shall
apply: (1) elevations visible between gaps between buildings of fifty (50) feet or
less shall be exempt from the Vertical Articulation requirements; and (ii)
elevations which are set back behind a building pad for a fu:ure building, which
Cull ding has not vet been built as of the date the parking s r-,cture is built, shall
be exempt from the Vertical Articulation requirements for a period of three (3)
years until such time as the future building is built; provided, however, in the
event such building has not been built within such three (3) year period, the
parking structure shall thereafter be modified to comply with such Vertical
articulation requirements or in the alternative shall be screened with trees or other
appropriate planting materials until the time that such building is built. If
screening is used, the method and type of screening shall be subject to the City's
approval. One specific exception to the time frames nominated above is made as
.o the block bounded by Street 3, Street D, Street 1, and Street C whereby the
:me limitation referenced herein is reduced from three (3) years to t-,vo (2) years.
DR-9
1 oA-4S
b. If not abutting a right-of-way, above grade structured parking facilities shall be
provided with adequate access from public rights) -of -way via private drive(s)
and/or access easements.
10.0 Accessory Structures - The following restrictions shall apply to accessory structures:
a. With the exception of the following items, accessory structures shall not exceed
one (1) story or a height of fourteen (14) feet.
1. park pavilions or bandshells
2. above grade structured parking facilities.
No item listed above shall exceed fifty-two (52) feet in height or, in the case of
above grade'structured parking facilities, the lesser heights allowed under Section
3.Oa of these Development Regulations, nor shall it exceed, where applicable, the
maximum elevation limitation of Section 43.9.c.1(g)i. of the Comprehensive
Zoning Ordinance
b. Except for open spaces and open space amenities, no accessory structure shall be
located between the front lot line and the principal building on a lot.
11.0 Minimum Width of Enclosed or Partially Enclosed Open Space - In lieu of the
requirements of Section 33.7 of the Comprehensive Zoning Ordinance, the following
definitions and requirements for minimum Court widths shall apply:
a. Minimum widths shall be based on the following schedule:
COURT TYPE
MLYLVUV WIDTH/AREA
Court; Open Court
3 inches per 1 foot of building height, min. 12
feet
Closed Court:
min. area equal to twice the square of the
width of the court based on surrounding
building height, but not less than 250 sq. ft.
Court Niche:
no portion shall be more than 3 feet
(measured horizontally) from a point where
the court niche is less than three feet wide.
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Development Regu!a::ens
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1OA-46
b. For purposes of subpart a. of this section, the following definitions shall apply:
Court: An unoccupied space, open to the sky, on the same lot with a building,
is bounded on two (2) or more sides by the exterior walls of the building or
0 t%vo (2) or more exterior walls, lot lines, or v ards. Not a court niche.
Court. closed: A court surrounded on all sides by the exterior walls of a building,
or by exterior walls of a building and side or rear lot lines, or by alley lines where
the alley is less than 10' in width.
Court niche: Not a court. An indentatioti, recess, or decorative architectural
treatment of the exterior wall of a building which opens onto a street, yard, alley,
or court.
Open Court: A court opening onto a street, yard, alley, or private drive not less
than twelve feet (12) wide.
Court, width of. The minimum horizontal dimension substantially parallel with
t:e open end of an open court or the lesser horizontal dimension of a closed court;
or in the case of a non -rectangular court, the diameter of the largest circle that
r:ay be inscribed in a horizontal plane within the court.
12.0 Interior Landscape Areas - Specific requirements for interior landscape areas shall be
determined at the time of development plan or site plan review, as determined by the City
Council. Any landscaping in a surface parking lot approved in connection with
development plan or site plan approval for such lot, which is taken out in connection with
the later construction of a parking structure, shall be relocated or replaced.
13.0 Irrigatio❑ - Required landscaping shall be served by an irrigation system meeting the
requirer,.ents of Section 3.6 of Ordinance 544, except in those instances and in those
areas where installation of such a system is a) potentially harmful to any preserved or
existing plant materials; b) not reasonably required due to the nature of the plant material
(e.g. where irrigation could be detrimental to drought -tolerant plant species); or c) create
a situation possibly harmful to public health, safety or welfare. Determination of the
situations described above shall be made by the City's Landscape Administrator.
14.0 Realignment of North Carroll Avenue - All land uses within the proposed P.U.D. shall
be in accordance with allowable uses in C-3 zoning, as modified by the development
regulations of this P.U.D.; provided, however, in the event any property within the P.U.D.
shall become located west of the North Carroll Avenue right-of-way due to the City
pudxmarch.wx, .
Development
F[NAL
DR-11
10A-47
acquiring additional right-of-way and realigning North Carroll Avenue to the east as
shown on the Concept Plan, such property to the west of North Carroll Avenue shall be
used and developed only in a manner consistent with all zoning or other development
standards that would apply to property that is zoned C-3 under the Comprehensive
Zoning Ordinance of the City of Southlake.
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Development Regulations
( FINAL
DR-12
10A-48
R;clto Oevelopment - Sovthlcke Town Center
1OA-49 Exhibit A
114
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FIGURE 7A
SIGHT TRIANGLE
DIAGRAh�1
BAAT(D--SCHM— ASSCCLA cS. INC.
CONCEPT PLAN -- - --
for
Proposed Non -Residential P.U.D. District
Southlake, Tarrant County• Texas
October 14, 1996
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1OA-50
IECD DEC 0 9 i696
EXHIBIT E
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (the "Agreement") sets forth the terms and
conditions whereby Southlake Venture West, L.P. (the "Developer") agrees to donate
land (the "Property") to the City of Southlake (the "City") for the intended purpose of the
City's development of a City Hall (the "Building"). The City is considering joint -use of
the Building for the administrative offices of Carroll Independent School District and/or
Tarrant County. This Agreement is a binding agreement on the undersigned parties,
subject to the terms and conditions contained herein. This Agreement is subject to the
formation of Tax Increment Reinvestment Zone #1 (the "TIF"), Southlake, Texas.
PROPERTY: Approximately 0.71 acres of land, situated in the planned unit
development for Southlake Town Square, Southlake, Texas, as
shown on the site plan attached as Exhibit A.
The Developer agrees to contribute the Property subject to the
City's commitment to construct the Building, as set forth herein.
BUILDING: Up to an approximately 80,000 sq. ft. Building.
PARKING: The Building will require parking at a ratio of not less than one (1)
space for every 330 square feet of building area ("Parking"). The
Developer will provide such Parking subject to the following
conditions: 1) 25% shall be specifically reserved for the exclusive
use of the Building occupants, the residual 75% shall be non-
exclusive; 2) provided further that ten (10) spaces shall be
provided, and exclusively reserved, as on -street adjacent to the
Building for short-term parking; and 3) that the City shall pay all
costs associated with such Parking, subject to the City and the
Developer entering into a separate agreement providing for the
location of all exclusive parking and any terms, conditions and/or
limitations to the city's payment of such costs.
CONSTRUCTION
OF
IMPROVEMENTS: The City shall construct the Building and related landscaping
(collectively, the "Improvements") and the Developer shall
construct the Parking. The City shall provide for the design of the
Improvements subject to the architectural control of the Developer.
The Developer shall provide for the design of the Parking and
related improvements subject to the City's reasonable approval.
1OA-51
REIMBURSEMENT
OF
IMPROVEMENTS: Upon completion of the design of the Parking (as agreed to by the
City and the Developer), the Developer shall provide the City a
mutually agreed contract for construction of Parking which will
include a schedule on the timing of completion.
TIMING: The City acknowledges that the construction of the Building is
integral to the success of the Developer's Southlake Town Square
project, (the "Project"), and the Developer acknowledges that the
successful completion of the Project is integral to the City's
commitment to locate the Building on the Property. Pursuant to
the City's execution of this Agreement, the Developer agrees to
commence construction of Phase I of the Project (a minimum of
240,000 sq. ft. of commercial retail and office building space,
exclusive of the Building), prior to March 31, 1998. Subject to the
Developer's timely start of construction, the City agrees to
commence construction of the Building by August 31, 1998,
subject to the City having one (1) six (6) month right of extension.
Subject to completion of Phase I of the Project, the City agrees to
complete construction of the Building prior to November 30, 1999,
subject to the City having one (1) six (6) month right of extension.
RIGHT OF FIRST
REFUSAL: The City shall have a right of first refusal on office space located
in the two (2) buildings in the Project located adjacent to either
side of the Building, as shown on the site plan attached as Exhibit
A.
This Agreement represents all the terms and conditions between the City and the
Developer with respect to the Property and the Building, is intended to be a binding
agreement, and cannot be amended or superceded unless done so in writing.
Developer
City
1 OA-52
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1OA-53
City of Southlake, Texas
MEMORANDUM
December 4, 1997
TO: Ron Harper, Deputy Public Works Director
FROM: Kim Lenoir, Director of Parks and Recreation
SUBJECT: Park Fee Credits - Southlake Town Center - Phase I
Monday, November 10, the Park Board recommended 100% credit and a carry over
credit of .9 acres for the Town Center project.
To arrive at this recommendation the Park Board considered the following for this
project:
Assessed fees due equal $33,610
Land dedication of two public parks totaling 1.755 acres
=> Land value equals 1.755 x $40,000 per acre = $70,200
$70,200 land value less $33,610 fees required = $36,590 divided by $40,000 per
acre = .9 acres of carry over available.
Grand Total of parks value added: $70,200
Fees assessed: 42.013 acres x $800 per acre = $33,610
Credit Carry-over: .9 acres
The work sheet and section of the Park Board minutes are attached for further
clarification of the discussion and process for their recommendation.
If you have any questions please contact me at 481-5581 extension 757.
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1OA-54
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**UNOFFICIAL AIINUT'ES**
NOT APPROVED BY TILE PARKS AND RECREATION BOARD MEMBEItS
..J
2 Agenda Item No. 4, Public Forum - Vice Chair Ronnie Kendall opened the public forum at 6:43
3 p.m.
4
5 Lisa Stokdyk of Keep Souihlake Beautiful (KSB), 720 North Peytonville, Southlokc stated that
6 KSB has raised $7,000 for the waterscape project and they will soon be approachlul'o the Board
7 for additional matching funds. Stokdyk stated that the start date for the waterscape is Deceinber
8 18, 1997 and they Hope to have at least one volunteer day preceding the start dale. Stokdvk
9 stated that the Board may contact her or Darcey Inim, City Liaison at ext. 759 if they should have
10 any questions.
11
12 Fierce confirmed with Lenoir that $5,000 was originally matched. Kendall staled that she felt
13 this item would be placed on the next agenda if SPDC wants direction from the Park Board.
14
15 Bennan inquired about the trees at Bicentennial and Stokdyk stated that the crepe myrtle's and
16 some of the crowded trees will be moved within the park. Stokdyk stated that she is comfortable
17 with the moving of these trees.
18
19 Jones and Hamilton enter the Council Chambers.
20
21 Public Forum was closed at 6:47 p.m.
22
23 Agenda Item No 5, Consider: Town Center Park Fee Credits - Frank Bliss, Cooper & Stebbins,
24 1362 Lakeview Drive, Southlake presented the Board visuals to present the park dedication
25 requests.
26
27 Bliss stated that lie understood the park dedication requirement to be one (1) acre for every fitly
28 (50) acres of development or a fee may be paid at $800 per acre.
29
3o Bliss stated that he has 42 acres in his Phase I development and of this, the dedication
31 requirement amounts to about .84 acres of dedicated land for parks or a fee of $33,610. Bliss
32 stated that lie is asking the Board for approval that the park dedication meets and possibly exceed
33 the requirement. Bliss referred to the visuals and stated that there are two (2) parks that are the
34 "cornerstone" for Phase 1. There is a .8 acre park that is for the formal town square and a second
35 at 9 acres which will be the bandshell pavilion park. Bliss stated that in terms of credit of park
36 fees they are seeking the value of the donation of the land for these parks. Bliss stated that they
37 are NOT seeking credit for the improvements that will be done to these parks. Bliss stated that
Parks and Recreation Board Regular Meeting, November 10, 1997
1OA-56
Page - of l4
"UNOFFICIAL MINUTES" '
NO'r APPROVED BYTHE PARKS AND RECREATION BOARD MEMBERS
1 the land dedication for the two parks comprises of about 1.755 acres; thus, they believe they
2 comply with the dedication requirements. Bliss stated that there will be significant improvement
3 - done to the parks with the assistance of TIF and other methods of public financing to allow the
4 project to go to a higher level to allow this area to become a proper downtown for Soutlilake.
5
6 In ternis of dedication requirements, Bliss stated that the 1.755 acres does exceed the mininium
7 requirement by about .9 acres. Bliss stated that they are requesting that they may carry the .9
8 acres as a credit for future phases as they build future phases. Bliss stated that this .9 acres will
9 be sufficient to support another development of about 45 acres or to pay a fee credit of about
10 S36,000.
11
12 Bliss stated that there are various projects within the Phase I that they are NOT seeking credit.
13 Among those, there will be a tic in to the Trail System hluster Plan. Bliss referred to an 8'
14 pedestrian access easement, which will correct to the property to the east and with the Carroll
15 Avenue ROW. The easement will be subject to public safety as to how it is constructed for
16 bicycle traffic. Bliss stated that his development will construct this trail as the project is
17 constructed.
18
19 Bliss stated that they cognizant to the existing Tree Preservation Ordinance and the revisions of
20 a potential new ordinance. Bliss stated that they have hired an arborist, Sandy Rose, for the site
21 and they will preset ve trees as they can, but due to the introduction of streets, trees will be lost.
22 Bliss stated that they have calculated through a tree survey that as the site is built out over time,
23 they will lose about 1200 trees, but as the streets are construction, street trees will be planted in
24 the sidewalks and along the streets. Bliss stated that coincidentally they will be adding 1200
25 trees to the site through this planting. These trees will be placed into environments where they
26 are designed to grow and flourish which will hopefully make them more productive trees for the
27 site.
28
29 Bliss stated that they have identified and tagged 89 trees on the site and about 50 will be able to
3o be relocated and will for the most park be placed in the two parks that are in Phase 1.
31
32
33
34
35
36
37
`T
Bliss stated that they are NOT seeking credit for these actions but only wanted to make the Board
aware of these actions.
Jones stated that the project looks great and the Board is very excited about it. She inquired
about the trail improvements being completed by Cooper & Stebbins and Bliss stated that they
Parks and Recreation Board Regular Meeting, November 10, 1997
1OA-57
Page 3 414
- "UNOFFICIAL MINUTES" '
NOT APPROVED BY TI1E PARKS AND RECREATION BOARD MEMBERS
1 WILL be making those improvements. Bliss stated that the trail is NOT one of the items that
2 they are requesting public financing.
3
4 Berman inquired about Bliss' statement of only being able to relocate about 50 of the 89 trees.
5 Bryan Stebbins, 904 Independence Parkway, Southlake stated that the other 39 trees will NOT be
6 discarded and stated that the best town squares make the best of the tree canopy so they mint
7 separate some of the clumps of trees and take those trees into the t:ormal environment of Town
8 Square. Stebbins stated that the bandsliell area will be more informal due to the drainage and
9 various civil engineering considerations.
10
11 Stebbins stated that they are also dedicating another "6-ish" acres and "5-ish" acres of parkland
12 and the remaining 39 trees may be placed within these areas so they are NOT discarded.
13 Stebbins stated that Rose stated that he may be able to save 90-95% of the trees tagged, but they
1.4 would like to have some replacement trees in case some that are moved do die.
15
16 Berman inquired about the types of trees and Bliss stated that two types are Crepe Myrtle's and
17 - Cedar Elm. Miltenberger inquired about some of the trees being given to someone to save them
1s and Stebbins stated that they could, but it will be very costly and there is a very high degree of
19 maintenance as these are established, large trees. Stebbins stated that lie has no problem %with
20 moving them if there is interest and financing.
21
22 Berman inquired about the size of the planters and Stebbins stated 4 feeT x 8 feet. Stebbins
23 stated that there will be a drainage developed for each tree so the roots do not become saturated
24 and a drip irrigation system will be designed. Bliss stated that sonic of the future phase trees will
25 be moved into Phase I.
26
27 Berman inquired about Phase I time frame and Stebbins stated it will begin January 11, 1998 and
28 will turn over to tenants on November 1, 1998.
29
30 Berman inquired about Phase II and Stebbins stated that it may be a slower build out. Ile also
31 stated that the school district is considering the Phase II for the football stadium.
32
33 Bermman inquired about the next time Cooper & Stebbins will be returning to the Park Board.
34 Bliss stated that they do not anticipate that they will need the full credit for 45 acres, but they
35 would like to opportunity of carry over. Bliss stated that they have about 13 acres of park land
36 out of 130 acre development;.thus, 10% is set aside for open space. Stebbins stated that they will
37 not step away from the future planned 5 and 6 acre parks.
Parks and Recreation Board Regular Afeeting, November lU, 1997
V
ioA-58
I'age 4 (?f 14
"UNOFFICIAL MINUTES"
NOT APPROVED BY THE PARKS AND RECREATION BOARD MEMBERS
2 Fierce inquired about Cooper & Stebbins coming to the Board with pieces. Stebbins stated that
3 - the two parks in Phase I will be first and the second set of parks will be in future phases so he felt
4 they should only consider Phase I and the two parks at this time and move forward in sequence.
5
6 Kendall inquired about how Cooper & Stebbins NOT being involved in the improvements of the
7 parkland of Phase I. Bliss stated that in regard to the developer agreement, the land will be
8 dedicated with public parks and a portion of the payment for improvements will come from
9 public financing AFTER the construction and improvements are complete all accepted l)y the
to City.
11
12 Berman inquired about the effect of the 6 acre park if the stadium does enter this development.
13 Stebbins stated that 21-23 acres will be needed for the parking and 4 acres for the stadium.
14 Stebbins stated a parking deck may be more feasible, but a parking deck may exist as a "TIC'
15 object. Stebbins stated that this parking lot ►nay also exist as overflow for the town center.
16
17 - Stebbins stated that the stadium would come up two stories from the view of the street due to the
18 hill and location of the park. He stated that the sidewalk and streetscape would be preserved and
19 the land use would be minimized. He also stated that this stadium would have to be a joint-usc
20 stadium. Bliss stated that the 6 acre park should NOT become smaller, but he does not know
21 what CISD is platuling.
22 J
23 Miltenberger inquired about how the stadium came about and Stebbins stated that the school
24 board approached Cooper & Stebbins. Stebbins referred to the T1F as being the pay►ncnt ► iethod
25 for this stadium. Fierce inquired about the 6 acre park being platted and Stebbins stated that this
26 is a preliminary plat. Phase I will be final platted soon. Bliss stated that any an;endnient to the
27 plat would have to be signed off by City Council.
28
29 Motion was made to approved 100% credit for the Cooper & Stebbins Phase I project and that
30 full credit for the 9 acres would carry over into a future phase.
31
32 Motion: Berman
33 - Second: Jones
34 Ayes: Jones, Miltenberger, Fierce, Kendall, Hamilton, Anderson, Berman
35 Nays: None
36 Approved: 7-0
37
e Parks and Recreation Roard Regular Meeting, November 10, 1997 Page 5 c f l d
z
1OA-59
"UNOFFICIAL MINUTES"
NOT APPROVED BY THE PARKS AND RECREATION BOARD MEI\IBERS
I Hamilton inquired about the aniount of parking spaces and Bliss stated that Phase I, 42 acres will
2 contain 2,000 parking spaces to support about 128 acres of development. The total development
3 " may contain 7,000-8,000 parking space and subject to joint -use, the number may come down to
4 6,500.
5
6 Stebbins stated that in regard to bus parking if a stadium is implemented, a street that is not used
7 often may be available for bus parking in order to avoid parking areas designated for buSCS.
8
9 Youth Park Board enters the Council Chambers for their report at 7:32 p.m.
10
11 Sara Brannan stated that the Youth Board discussed their ideas for a Teen Center and that during
12 January and February they will be visiting teen centers in the Dallas area. They discussed
13 volunteer opportunities and decided that each month they will visit day cares and do projects
14 with the kids and they will continue to submit articles in the school newspapers to recruit more
15 teens for the Youth Park Board.
16
17 Kendall inquired about the location of the teen center and Brannan stated that she did not have an
18 idea. Kendall inquired about the video tape (Public Service Announcement) and Brannan Stated
19 that the item will be on the next agenda.
20
21 Agenda Item No. 6, Consider: Timarron Park Fee Credits for Village "J" and W"'ndsor Creek
22 Phase I1 - Representing Steve Yetts, J. David Rhoades, Carter -Burgess Landscape Architect,
23 7950 Elmbrook Drive, Dallas, stated that he has been the landscape architectural consultant for
24 Timarron since 1990. Rhoades stated that he is asking for Wyndsor Creek, Phase II and Village
25 "J" park credit consideration.
26
27 Rhoades presented the Board with Master Plan boards of Tiniarron, 1200 acre (1650 home
28 sites/lots), master plawied community. Rhoades stated that the dark yellow on the map is what is
29 left to be developed.
30
31 Rhoades began speaking about Wyndsor Creek, Phase II and submitted a revised expense credit
32 workslieet to the Board. Rhoades stated that Wyndsor Creek, Phase II is 23 acres/lots which per
33 the requirements for park credit equals $23,000 credit as each lot is worth $1,000.
34
35 Rhoades stated that the developer had decided on two (2) types of open space;
36 natural/unmaintained and improved. Rhoades stated that the natural area is 2.18 acres and falls
37 within a floodplain area and the proposed value of $21,800 is based on a value of floodplain
Parks and Recreation Board Regular Aleeting, November 10, 1997 Page 6 of 14
1
1OA-60