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1996-10-01 CC PacketON of Southlake, Texas REGULAR CITY COUNCIL MEETING: OCTOBER 1, 1996 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall WORK SESSION: 5:00 P.M. TO 6:00 P.M. 1. Discussion of all items on tonight's meeting agenda. REGULAR SESSION: 6:00 P.M. AGENDA 1. Call to order. Invocation. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.07, 551.072, 551.074, 551.076. Refer to posted list attached hereto and incorporated herein. Executive Session will be held from 6:00 p.m. to 7:00 p.m. B. Reconvene: Action necessary on items discussed in executive session. 3. Approval of the Minutes of the regular City Council meeting held on September 17, 1996. 4. A. Mayor's Report B. City Manager's Report 1. SH 114 Update. C. SPIN Report All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5. Consent: A. Award of bid for Seal Coat Programs FY1995-96 and FY1996-97. B. Authorizing the mayor to enter into a contract with Cheatham and Associates for professional services for engineering and design for the water mains along t City of Southlake, Texas Regular City Council Meeting Agenda October 1, 1996 Page 2 East Continental Blvd. and South Kimball Avenue. C. Authorizing the Mayor to execute the Renewal Interlocal Agreements for Ambulance and Fire Protection Services between the City of Southlake and Denton County. 6. Public Forum. 7. A. Ordinance No. 480-207, 2nd Wading (ZA 96-81), Rezoning and Concept Plan for Southlake Woods, being approximately 73.9848 acres situated in the W.R. Eaves Survey, Abstract No. 500, being a portion of Tract 2A2; and in the T.J. Thompson Survey, Abstract No. 1502, Tracts 1D, 2, 2A, 2A2, 2A3, and 2B. Location: North side of Continents Blvd.. west of Peytonville Avenue. east of Davis Blvd and south of Southlake Blvd. (F.M. 1709). Current zoning is "C-3" General Commercial District, "AG" Agricultural District, and "SF -IA" Single Family Residential District, with a requested zoning of "SF-20A" Single Family Residential District. Applicant: Toll Brothers, Inc. Owners: Robert G. Goode, Pat and Eileen Sheehey, and Bernard P. Cosgrove. SPIN Neighborhood #14 and #15. PUBLIC HEARING. B. ZA 96-80, Preliminary Plat for Southlake Woods, being approximately 105.26 acres situated in the W.R. Eaves Survey, Abstract No. 500, being a portion of Tract 2A2, in the T.J. Thompson Survey, Abstract No. 1502, Tracts 1D, 2, 2A, 2A2, 2A3, and 2B; and Lots 3, 4, 5, 6 and 7, Airpark Estates, as recorded in Volume 388-123, Page 99, P.R.T.C.T. and being proposed as the Southlake Woods Addition. Location: North side of Continental Blvd., west of Peytonville Avenue. east of Davis Blvd, and south of Southlake Blvd. (F.M. 1709). Current zoning is "C-3" General Commercial District, "AG" Agricultural District, and "SF -IA" Single Family Residential District. Applicant: Toll Brothers, Inc. Owners: Robert G. Goode, Pat and Eileen Sheehey, and Bernard P. Cosgrove. SPIN Neighborhood #14 and 15. C. Ordinance No. 480-217, 2nd reading (ZA 96-109), Rezoning and Concept Plan for Mesco Addition, Lots 4 thru 7, being approximately 3.788 acres situated in the Thomas Mahan Survey, Abstract No. 1049, being a portion of Tracts 3A1, 3A2, and 6A, as recorded in Volume 10336, Page 1466, D.R.T.C.T. Location: Northwest corner_ of the intersection of State Hiehwav 114 and North Kimball Avenue. Current zoning is "I-1 P.U.D." Light Industrial Planned Unit City of Southlake, Texas Regular City Council Meeting Agenda October 1, 1996 Page 3 Development District, with a requested zoning of "C-2" Local Retail Commercial District. Amended request to "S-P-2" Generalized Site Plan District. Applicant: Strode Property Co. Owner: Anderson Industries, Inc. SPIN Neighborhood #6. PUBLIC HEARING D. ZA 96-112, Revised Concept Plan of the proposed Lots 2, 3, 4 and 5, Block 1, First American Savings Banc Addition, being approximately 3.83 acres situated in the Littleberry G. Hall Survey, Abstract No. 686, and being a portion, of Tract 1C3. Location: North side of West Southlake Blvd. (F.an_d p_roacimately 750' west of the intersection of North White Chapel Blvd and Southlake Blvd. (F.M.1709). Current zoning is "S-P-2" Generalized Site Plan. Applicant: Terry Wilkinson. Owner: First American Savings Banc, S.S.B. Shareholder's Trust. SPIN Neighborhood #10. PUBLIC HEARING. E. ZA 96-113, Site Plan of the proposed Lot 4, Block 1, First American Savings Banc Addition, being approximately 1.043 acres situated in the Littleberry G. Hall Survey, Abstract No. 686, and being a portion of Tract 1C3. Location: Approximately 400' north of West Southlake Blvd. (F.M. 1709) on the FE=sed Keystone Court. approximately 750' west of the intersection of North White Chapel Blvd. and Southlake Blvd. (F.M. 1709). Current zoning is "S-P-2" Generalized Site Plan District. Applicant: Terry Wilkinson. Owner: First American Savings Banc, S.S.B. Shareholder's Trust. SPIN Neighborhood #10. PUBLIC HEARING. F. ZA 96-114, Revised Preliminary Plat for Lots 2, 3, 4 and 5, Block 1, First American Savings Banc Addition, being approximately 3.83 acres in the Littleberry G. Hall Survey, Abstract No. 686, and being a portion of Tract 10, as recorded in Volume 10641, Page 1628 D.R.T.C.T. The plat proposes four commercial lots. Location: West Southlake Blvd. (F.M. 170%. approximately 750' west of the intersection of North White Chanel Blvd. and Southlake Blvd (F.M. 1709). Current zoning is "S-P-2" Generalized Site Plan. Applicant: Terry Wilkinson. Owner: First American Savings Banc, S.S.B., Shareholder's Trust. SPIN Neighborhood #10. G. ZA 96-117, Site Plan,for Versailles Private Pool Facility, on property legally described as Common Area No. 1 (Community Center), Block 1, Versailles, being approximately 0.42 acres situated in the J.W. Hale Survey, Abstract No. 803. Location: Northeast corner of the intersection of South Carroll Avenue and Current zoning is "PUD" Planned Unit Development District. City of Southlake, Texas Regular City Council Meeting Agenda .October 1, 1996 Page 4 Owner/Applicant: Versailles, Inc. SPIN Neighborhood #8. PUBLIC HEARING. 8. Ordinances, first reading and related items: A. Ordinance No. 480-199, 1st reading (ZA 96-53), Rezoning and Concept Plan for Cotton Patch Cafe, being approximately 1.10 acres situated in the John A. Freeman Survey, Abstract No. 529, being a portion of Tract 2. Location: South side of East Southlake Blvd. (F.M. 1709), beingjpproximately 450' east of the intersection of Westwood Drive and Fact Southlake Blvd, (F M 1702) Current zoning is "AG" Agricultural District, with a requested zoning of "C-2" Local Retail Commercial District. Owner: Mary Frances Vandergriff. Applicant: M&P Investments. SPIN Neighborhood #8. B. Ordinance No. 480-218, 1st reading (ZA 96-115), Rezoning of approximately 17.082 acres situated in the J.J. Freshour Survey, Abstract No. 521, Tract 1. Location: Southeast corner of the intersection of Florence Road and Pearson Lane. Current zoning is "AG" Agricultural District, with a requested zoning of "SF-1A" Single Family Residential District. Applicant: Bryant Real Estate, Inc. Owner: V.T. Cross. SPIN Neighborhood #16. 9. Resolutions: A. Resolution No. 96-63, a joint resolution of cooperation between the cities of Keller and Southlake, Town of Westlake, Trophy Club MUD #1, and Lake Turner MUD #1, #2, and #3 to proceed with funding analysis for alternative water supply for Northeast Tarrant County Regional Water Supply. B. Resolution No. 96-64, retaining Haynes and Boone L.L.P. and Helm, Pletcher, Bowen and Saunders, L.L. P. to represent the City of Southlake in its franchise fee dispute with GTE. 10. Other Items for Consideration: A. Conditional Sign Permit for Dynamic Travel and Cruise, 2325 East Southlake Blvd. B. FY 1996-97 Contract Obligations- Equipment; FY 1996-97 Budget Items. C. Sale or exchange of City property, being approximately seven (7) acres (Tract 1C01 and Tract 1CO2, Abstract No. 686) adjacent to Bicentennial Park City of Southlake, Texas Regular City Council Meeting Agenda October 1, 1996 Page 5 D. Amendment to the Investment Policies -Depository Contracts. 11. Other Items for Discussion: A. City Hall Site. 12. Meeting Adjourned. CERTIFICATE I hereby certify that the above agenda ruts posted on the qfflcial bulletin boards at City Hall, 667 North Carroll Avenue and the Administrative Offlces, 1725 East Southlake Blvd., on Friday, September 27, 1996, at 7.00 p.m., fflO Ooe Texas Government Code, Chapter SSI. �k 77� Z Sandra L. LeGrand y City Secretary If you plan to attend this public meeting and have a t requires special needs, please advise the City Secretary 48 hours in advance at 481-5581, extension 704, and reasonable accommodations will be made to assist you. D: I %piles l agendas I cc-10-1-96. agn lsl City of Southlake, Texas Regular City Council Meeting Agenda October 1, 1996 Page 6 PENDING LITIGATION -SECTION 551,071 The City Council may consider pending and contemplated litigation subjects. The following subjects may be discussed: 1. Legend Custom Homes. 1993 2. Walters Claim. 1995 3. Vicci Winchester vs. Dan McKee Water Service Company, and City of Southlake. 1995 4. D/FW-White Chapel, Ltd. Vs. State of Texas and the City of Southlake, Texas. 1996 5. Shawn Kees Vs. City of Southlake. Litigation is, by nature, an on -going process, and questions may arise as to trial tactics which need to be explained to the City Council. Upon occasions, the City Council may need information from the City Attorney as to the status of the pending or contemplated litigation subjects set out above. After discussion of the pending and contemplated litigation subjects in executive session, any final action, or vote taken, will be in open session. LAND ACOUISITION-SECTION 551,072 The City Council may consider the purchase, exchange, lease, or sale of real property. After discussion of land acquisition in executive session, any final action, or vote taken, will be in open session. PERSONNEL -SECTION 551.074 The City Council may consider the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers or employees, including the City Manager, City Secretary, City Attorney, and City Board and Commission members. A complete list of the City Boards and Commissions is on file in the City Secretary's Office. DEPLOYMENT OF SECURITY PERSONNEL -SECTION 551,076 Regarding the deployment or specific occasions for implementation of security personnel or devices. After discussion of any or all of the above, in executive session, any final action or vote taken will be in open session by the City Council. If personnel issues or litigation issues arise, or a need to seek advice from the City Attorney as to the posted subject matter of this City Council meeting, the issues or matters will be discussed in executive session. D:\WP-FILES\AGENDAS\CC-10-I-.AGN City of Southlake, Texas MEMORANDUM September 27, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award Bid for Seal Coat Programs for FY1995-96 and FY1996-97 BACKGROUND The FY95-96 budget allotted $50,000 to start a "seal coat" program on the asphalt streets which could be resurfaced before they are in need of complete rehabilitation. Generally these streets range from eight to twelve years old. There are many different types of "seal coat" methods (i.e., chip seal, micro - surfacing and slurry seal). City Council recommended not to use the "chip seal" where small crushed rock is spread over an asphalt application, because of the problem with the chips being thrown by tires and possibly causing damage to cars. The recommendation from City Council was to use the micro - surfacing method. This process places a thin asphalt surface, providing a new wear surface and filling in the small cracks in the old surface. This material can effectively be placed on a street until the ground and air temperatures fall below 50' F. Staff did advertise and publish the time and place to receive bids for the FY95-96 micro -surfacing Program. At the designated time (August 15, 1996, at 10:00 a.m.), m bids were received. However, at 10:08 a.m., on August 15, 1996, a bid was delivered to the Administration Office. Because the bid was late, it was not opened and publicly read. At least three bids were expected as specifications were requested by three companies. Staff called the companies to try and ascertain why they did not bid. The main reason was the relative small size of the proposed contract. On September 3, 1996, City Council authorized the City Manager to advertise to receive bids on both the FY95-96 and FY96-97 seal coat programs. The streets in which the seal coat program will be applied in both years are: A. FY95-96 1. The main streets in the Cross Timbers area: a. Ten Bar Trail b. Wood Brook Lane C. Lakeview Drive d. Morgan Road e. Kingswood Drive B. FY96-97 1. The remaining streets: a. Cross Timbers MEMORANDUM CURTIS E. HAWK MICRO -SURFACING SEPTEMBER 27, 1996 PAGE 2 b. C. Lake Wood Acres Woodland Heights Addition. The allocated funds are $50,000 (FY95-96) and $103,100 (FY96-97). This brings the total to $153,100. Based upon our discussion with contractors, a proposed contract of this size should attract more bids and at a reduced cost per square yard. DISCUSSION Staff did advertise and publish on September 8 and 15, 1996 to receive bids on September 20, 1996 at 10:00 a.m. to be publicly opened and read. The City did receive two bids for the combined two-year program. The bid tabulation is attached. RECOMMENDATION Staff recommends that City Council authorize the Mayor to enter into a contract with Viking Construction, Inc. to micro -surface the designated streets for an amount of $136,876.40. Staff requests that this be placed on the October 1, 1996 Regular City Council Agenda for their consideration. attachments: bid tabulation sheet 1996 Micro -Surfacing Program Base Bid Streets exhibits 5A-2 SEAL COAT PROGRAM BID OPENING SEPTEMBER 25,1996 10:00 A.M. TABULATION SHEET NAME BID p0 Bid Awarded Name: Bid Awarded Amount: D 5A-3 1996 MICRO -SURFACING PROGRAM BASE BID STREETS NO. STREET SQ. YDS. MILES 1. Woodbrook 12,477 .9 2. Cross Timber 5,181 _4 3. Woodcreek 2,329 1 4. Hidden Glen 1,683 1 5. Woodbrook Ct. 1,497 1 6. Estella Way 1,550 1 7. Holland Hill 3,582 _2 8. Ten Bar Trail 913 4 9. Glen Cove 1,217 1 10. Meadow Glen 2,958 _2 11. Lakeview Dr. 12,049 .8 12. Twin Creek 1,459 .1 13. Morgan 6,987 5 14. Forest Lane 3,839 .2 15. Kingswood 4,021 .3 16. Timber Dr. 1,376 1 17. Ten Bar Ct. 913 1 18. Westwood 5,632 .4 19. Eastwood 4,224 .3 20. Carroll Oaks 2,122 .1 21. Wildwood 2,622 .2 22. Lakewood 4,706 _3 (W 23. Bentwood 6,336 .3 Totals: $9,673 6.3 5A-4 City of Southlake Capital Improvements Projects Cross Timber Hills Legend N (A10=Mnay 01 "'�'' Seal Coat FY 95-96 AS palCoat for FY 96-97 Publkw«&-GIS A,gust,996 City of Southlake Capital Improvements Projects IM LDUKU= Ompled for The oahz"IncriE MI.kdomwftL �� wMMe to bumf" 40"awof .r. , no wjww*.. k «dwno.w = to 90 acoirry Legend SSeal Coat FY 96-97 Public Works - GIS August 1996 City of Southlake Capital Improvements Projects IM NBOLMSAM LAIBMCE�foz •hisebblw"""awa "YM Ws t"ww.roOWN**k � �n� � M b 1M iaour�ay Woodland Heights Seal Coat FY 90-97 5A-7 Pubik works - cis August 19% City of Southlake, Texas September 27, 1996 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Authorizing the Mayor to Enter into a Contract with Cheatham and Associates for Engineering Service for Design of a Water Main along E. Continental Blvd. and S. Kimball Ave. The City of Southlake Budget for FY96-97 includes in the Capital Improvements Projects a project .in the Water Impact Fees (Fund 751). This project is: • Twelve -inch water Main on E. Continental Blvd. and S. Kimball Ave. from Carroll Ave. to F.M. 1709. The amount budgeted for construction of this project is $360,000. Cheatham and Associates' fee will be 8.50% of the estimated costs plus $10,750 for surveying and construction staling. The estimated total professional fee is $41,350. Cheatham and Associates have provided engineering design services for Southlake on all of our water mains. Because of their knowledge, background, and expertise, Staff recommends that the City Council authorize the Mayor to enter into the attached Contract for Engineering Services. Staff requests that this be placed on the October 1, 1996 Regular City Council Agenda for their i era ' RH/ attachments: contract exhibit CAVIPWR4MV lDOMWATgVLdABCDN40MM®d 5B-1 CHEATHAM AND ASSOCIATES September 23, 1996 Mr. Ron Harper, P.E. City Engineer 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 12" Water Line along E. Continental Blvd. and S. Kimball CONSULTANT'S UNDERSTANDIN The City of Southlake is experiencing a considerable amount of growth in the southeastern portion of the City. Both commercial and residential developments are currently in either the planning, or construction stages of development at this time. The existing water system does not have adequate capacity to serve this anticipated growth, without additional lines of increased capacity. Therefore, it is proposed that a 12" water line be constructed along E. Continental Blvd., from S. Carroll Ave. to S. Kimball. Then North along S. Kimball to Southlake Blvd. (F.M. 1709). The project will include the surveying, design, bidding and contract administration of the proposed construction. SCOPE OF SERVICE 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 Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. • Suite 200 • Arlington, Texas 76011 817/548-0696 • Metro 265-8836 • Fax 817/265-8532 5 B-2 Mr. Ron Harper, P.E. September 23, 1996 City of Southlake Page 2 2.0 Engineering 2.1 Our firm will furnish all necessary technical expertise required to accomplish the engineering design of the water 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. 5B-3 Mr. Ron Harper, P.E. City of Southlake FEES September 23, 1996 Page 3 We will provide all the services and products described in the scope of services including all services necessary for engineering surveying, engineering, preparation of construction plans and specifications, preparation of construction cost estimates, contract administration, construction staking and periodic visits during construction, and as -built plans. [See Excerpts from the TSPE General Engineering Services Manual on the last two pages.] The attached Curve A from the TSPE Manual indicates a percentage of 9.0% for a $360,000 project. However, since our firm is familiar with the City and will not have to obtain a lot of background information prior to design, we can perform the services for a reduced percentage. Therefore, this fee shall be based upon a percentage of 8.5 % of the construction cost. Therefore the proposed fees are as follows: *Engineering Fee (Total Estimated Construction Cost of $360,000.00) [Based on TSPE Curve A, 9.0 % of Engineer's Estimate of Construction Cost, reduced to 8.5 %] Surveying Fees $ 30,600.00 [Flat fees based on estimate of time required times hourly rate for field parry] Design Survey $ 7,500.00 Construction Staking Easement Preparation (if required) 3250.00 ' [Flat Fees based on estimate 'of NIA time required times hourly rates for technicians] R h esearc N/A Documents/drawings/field work N/A *Total Professional Fees $ 41,350.0 471nat e'S41,K- eco It * These fees to be computed for final billing based upon aGwa construction cost of the project. Please note that all direct expenses, such as travel and printing, are included in the above fees. The fees cover only that work specified in the proposal. It does not include; Soils testing Other testing involving outside laboratory services Revisions to material prepared beyond that specified in proposal The above listing of services, or others not included in the basic fees, may be added to our agreement at your request and approval of estimated costs or rates. If any easements are required, we will provide these services for an additional fee, which is agreed to by both parties prior to commencement of work. 5 B-4 Mr. Ron Harper, P.E. City of Southlake TERMS September 23, 1996 Page 4 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. TIMING OF PROJECT: The following schedule indicates target dates for project completion: Submit plans to City for review by ............... December 15, 1996 Revise Plans by ............................ January 7, 1997 Advertise Project ........................... January 15, 1997 Award Project ............................. February 15, 1997 Begin Construction .......................... March 15, 1997 Complete Project ........................... June 1, 1997 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\continental.wi.wpd AUTHORIZATION TO PROCEED: Accepted this Title: day of 5 B-5 , 1996 Curve A is intended to apply to assignments of which the following are typical examples: Water, wastewater and industrial waste treatment plants Low cost, or complicated, waterfront and marine terminal facilities Complicated dams and hydro -power installations Small bridges and bridges which are complicated by involved geo- metrics and unsymmetrical features, or which require location and/or alternate design studies Grade crossing eliminations Urban streets and freeways, including related drainage facilities Water distribution lines under 16-inch diameter -wWP---' Sanitary sewage collection lines under 24-inch diameter Pumping stations Air pressure tunnels Swimming pools Foundations Curve B is intended to apply to less complicated assignments of which the following are examples: Large intercepting and relief sewers Storm sewers and drains Sanitary sewage collection lines 24-inch diameter and over Water distribution lines 16-inch diameter and over Simple bridges and other structures of straightforward or conven- tional design :i Dams of average complexity Airport paving and grading f. Irrigation works, except pumping plants Railways Levees and flood walls, conventional Sewer and water tunnels (free air) Earthwork and dredging Highways and rural roads, except low-cost rural roads High -cost wharf facilities of conventional design Retaining walls and bulkheads, conventional Roads and streets SB-6 16 Curves of Median Compensation CURVES A AND B E m'Wi 7 m CEO- C V> b0 C_ i4N p i V y Q V C 7 -_ z C >d> L V LL L O O C Q' y L C 3 M y w '% V C. , y C C y y C a1 fC L 3 y r p C N C d O 0 d E i L O y , N M .0 C In w t d— s " N ti •3 U W c� =W- U R 'v C - 0 L- In U1 N y M v� Q`t3a E =Z� E i. c oo aoi axi E C .-. �• yso v d v C C a d 0 C R E C E ELd co wE ob0 v y ►- . d.0 N E d C C N d j C O N OO Or'C. E 00 OC•- C. 3 O N •` 'y' C C .0 O O y VF a t .0 d YE Om �c d L O N R O v �. 3 D •w C U C H y y r 0 -0 C. O y E r0-. C o y L 0 c'W O L T C• O C. « E L O V C .. 3 w L- o a V y O d d `O Q .+ ..... CO U/ . V N +L. Cd `= O .0 C V M O y V •A 0 O j L C O y� C 11 L 3 d o+ N N m t d N a: 0.0 O .- R 0dMM0 .-.o ao E 'CA�� ,�C 6 W H O Z Q IT M N CO 1N3983d-398VH9 91SV8 5B-7 1 1 1 1 1 1 1—Jo n ID in Q O q m eH t I o•w itiV/f... 6aIC07 6i0 EA03 •, � �`rl7 _ w 1n s 2 Ny ` r ya do I THOHAdA Rfl Hem p'�. .• 'sr . «< "♦ ++Ir r rofz ITY HAIL b xi -- _�W S`( P « m m i • « r _ _ E 0 A co Elft 04 tia « 1 q. .•, A�� 3 EAS ER b. NORTHWEST ' M'EST PKWY ST IK OE ,, !r ,n1 ♦ K a i . RAR E✓� E MAN " r0 ' : n ,.. -- E� GRA o(f oN Apr moN - _ , E�� = s e , • ti M a x i iv I a I-- --- ' - P •« .r♦ _.�"_ ------- -- - �- - GRAD y -- INLit I y . 3 m w Ey •k � m+ ,w , i r, - HALE I " n' ' alAvcwvc orY urr OLO « x •' � , � PARK PA K uws ONALD;,._ i I MM« i M K4 r TH i R i" M RMSON DECKER •« Wam ��r L e E°RT 000L. CHEATHAM & ASSOCIATES CONSULTING ENGINEERS — SURVEYORS — PLANNERS 1601 E. LAMAR BLVD. SUITE 200 ARLINGTON. TEXAS 7601 (817) 548-0696 METRO 265-883 City of Southlake, Texas September 27, 1996 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Interlocal Cooperation Agreement for Ambulance Service With Denton County Attached is the Annual Interlocal Cooperation Agreement for ambulance service within a specific district in Denton County. The district that they are asking us to serve is the portion of Denton County that is the northwestern area of T.W. King and Corp property to the east of T.W. King that is not in the city limits of Southlake. The contract provides a termination agreement of 60 days written notice from either party, provides definitions, states that the City will provide this service when called in those areas, and that Denton County will pay a start up fee of $1432 and that there may be other collectible fees when runs are made. The contract also provides that the City and County agree to accept responsibility for their own acts, negligence or omissions of the officers, employees and agents, and that neither the City or County weigh any immunities or defense that would otherwise be available to each against claims arising from the exercise of government powers and functions. The effective date will be October 1996 and will extend through September 30, 1997. We annually enter into this contract with Denton County and previously this contract has not placed any burden upon our abilities to provide service either to our citizens, or to the particular district as mentioned in the contract. The City Attorney has reviewed and approved the contract and we advise ratification of this contract. If you have any questions, please feel free to contact me. 3_C BC/bls OFFICE OF CITY �•.•�'' S:rpFTF Y BRUCE ISAACKS CRIMINAL DISTRICT ATTORNEY Carmen Rivera -Worley, Assistant District Attorney Lori Bowers, Legal Assistant Civil Division 319 West Oak Denton, Texas 76201 September 6,1996 Sandra L. LeGrand City Secretary City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re: Interlocal Cooperation Agreement - Ambulance (W Dear Ms. LeGrand: 0 (817) 565-8660 (800) 346-3189 Metro (214) 434-7925 Fax (817) 383-0988 Enclosed are two originals of your City's Interlocal Cooperation Agreement for Ambulance Services with Denton County for the 1996-1997 fiscal year. Please obtain the appropriate signature on the enclosed agreements and then return both originals to our office so that they may be placed on the next Commissioners Court Agenda. After execution by the Commissioners Court, an original will be returned to your office. Thank you for your assistance in this matter and if you have any questions or concerns about the enclosed, please feel free to call me at 817/565-8660. /lb Encls. S' rely, Lori Bowers, Legal Assistant THE STATE OF TEXAS ) -OUNTY OF DENTON ) FINTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT is made and entered into this day of , 1996, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "County" and the "CITY OF SOUTHLAKE", a municipality located in Denton and Tarrant County, Texas, hereinafter referred to as "City." WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens ; and WHEREAS, City is a municipality engaged in the provision of ambulance service and related services for the benefit of the citizens of Denton County; and WHEREAS, City is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirm, or injured and has in its employ such trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, County desires to obtain emergency medical services rendered by City, as more fully hereinafter described for the benefit of the residents of Denton County, Texas; and WHEREAS, the provision of emergency medical services is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, County and City mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperative Act, V.T.C.A. Health and Safety Code, Section 774.003 and other applicable statutes and contracts pursuant thereto; NOW, THEREFORE, County and City for the mutual consideration hereinafter stated, agree as follows: I. The effective date of this agreement shall be the 1st day of October, 1996. INTERLOCAL AMBULANCE AGREM"M 1996-97 DENTONY COUNTY - CITY OF SOUTHLAXZ The term of this agreement shall be for the period of October 1, 1996 to and through September 30, 1997. Each party may terminate this agreement by giving the other party written notice of intent to terminate sixty (60) days after receipt of such notice. As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of a person or persons. Whether the aforementioned circumstances in fact exist is solely up to the discretion of the City. For dispatch purposes only, "emergency" shall include, but not be limited to: 1. The representation by a person requesting ambulance service that an immediate need -xists for such service for the purpose of transporting a person from any location to a place of treatment and emergency medical treatment is thereafter administered; and 2. The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to the closest medical facility; B. "Rural area' means any area within the boundaries of Denton County, Texas, and without the corporate limits of all incorporated cities, towns and villages within said County. C. "Urban area" means any area within said County, within the corporate limits of an incorporated city, town or village. D. "Emergency ambulance call" means a response to a request for ambulance service by the personnel of City in a situation involving an emergency (as such word is hereinabove defined) through the instrumentality of an ambulance vehicle. Within the meaning hereof, a single call might involve the transportation of more than one person at a time. 2 INTERLOCAL AMBUL NCE AGREMCKUT 1996-97 DENTONY COUNTY - CITY or SOUTHLAKE IV. A. Services to be rendered hereunder by City are ambulance services normally rendered by City under circumstances of emergency as hereinabove defined to citizens of County. B. THE SOUTHLAKE Ambulance Department shall respond to the requests for ambulance services made within designated area 13 of County, as set out in exhibit "A", attached hereto and incorporated by reference. C. It is recognized that the officers and employees of City have duties and responsibilities which include the rendering of ambulance services and it shall be the responsibility and within the sole discretion of the officers and employees of City to determine priorities in the dispatching and use of such equipment and personnel and the judgment of any such officer or employee as to any such matter shall be the final determination. 0 The County shall designate the County Judge to act on behalf of County and to serve as "Liaison Officer" between County and City. The County Judge or his designated substitute shall insure the performance of all duties and obligations of County herein stated, devote sufficient time and attention to the execution of said duties on behalf of County in full compliance with the terms and. conditions of this agreement and provide supervision of County's employees, agents, contractors, sub —contractors and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of County and City. VI. City shall ensure the performance of all duties and obligations of City as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of City in full compliance with the terms and conditions of this agreement and shall provide immediate and direct supervision of the City employees, agents, contractors, sub —contractors and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of City and County. INTERLOCAL AMBULIANCE AGREEMENT 19 9 6 - 97 DENTONY COUNTY - CITY OF SOUTHLARE V 3 VII. For the services hereinabove stated, County agrees to pay Provider a fee of $ 1,340.62 based on a funding formula as follows: First, the readiness sum is .816 per capita based on population, for a maximum of $315.79. Second, a sum of $345.00 per ambulance run will be paid, for a maximum of $0.00. This sum is based upon the number of runs made by Provider in fiscal year 1996. Third, a fixed sum will be paid based on size of covered rural area, for a maximum of $1,024.83. Payments will be paid quarterly, commencing on October 1, 1996. The remaining payments shall be made respectively on or before January 1, 1997, April 1, 1997, and July 1, 1997. The population and mileage figures used were obtained from North Central Texas Council of Governments. An ambulance call is defined as the actual treatment and transport of a patient to a medical facility. If the patient is not transported, there would be no ambulance call according to this agreement. The Provider transporting the patient shall receive payment regardless of the service delivery area in which the call originated. The City shall submit all requests for payment using a standardized ambulance transportation reporting form approved and provided by the County. The form shall be submitted within five (5) days of performance by the Provider. Reporting forms shall be completed in full and contain accurate patient information. Forms may be submitted by personal delivery, U.S. mail, facsimile, or computer telephone link. Completed forms shall be submitted to the office of the Denton County Fire Marshall. 11 County agrees to and accepts full responsibility for the acts, negligence and/or omissions of all County's officers, employees and agents. IX. City agrees to and accepts full responsibility for the acts, negligence and/or omissions of all City's officers, employees and agents. INTERLOCAL AMBULANCE AGREEMENT 1996-97 DENTONY COUNTY - CITY OF SOUTHLARE , e-& 4 10 In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this agreement terminated. Unless the default is cured as aforesaid, this agreement shall terminate as if that were the day originally fixed herein for the expiration of the agreement. XI. This agreement may be terminated at any time by either party giving sixty (60) days advance notice to the other party. In the event of such termination by either party, City shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should City be overcompensated on a pro rate basis for all services performed to termination date and/or be overcompensated reimbursable expenses as authorized by this agreement, then County shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not -onstitute a waiver of any claim that may otherwise arise out of this agreement. XII. The fact that County and City accept certain responsibilities relating to the rendering of ambulance services under this agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent possible under the law. Neither City nor County waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. XIII. This agreement represents the entire and integrated agreement between City and County and supersedes all prior negotiations, representations and/or agreements, either written or oral. This -agreement may be amended only by written instrument signed by both parties. s INTERLOCAL AMBULANCE AGREEMENT 1996-97 DENTONY COUNTY - CITY OF SOUTHLAKE XIV. This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. XV. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XVI. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extended said authority have been duly passed and are now in full force and effect. 6 INTERLOCAL AMBULANCE AGREEMENT 1996-97 DENTONY COUNTY - CITY OF SOUTHLAKE EXECUTED in duplicate originals, this the .OUNTY DENTON COUNTY, TEXAS 110 WEST HICKORY DENTON, TEXAS 76201 By Jeff Moseley Denton County Judge Acting on behalf of and by the authority of DENTON COUNTY Commissioners Court of Denton County, Texas. ATTEST: BY: Tim Hodges Denton County Clerk APPROVED AS TO FORM: Assistant District Attorney APPROVED AS TO CONTENT: Denton County Fire Marshall INTERLOCAL AMBULANCE AGREEI(ENT 1996-97 DENTONY COUNTY - CITY OT SOUTSLAXE day of , CITY CITY OF SOUTHLAKE 667 NORTH CARROLL SOUTHLAKE, TX 76092 By City Manager Acting on behalf of and by the authority of the City of SOUTHLAKE, Texas ATTEST: BY: City Secretary 1996. APPROVED AS TO CONTENT: Z224l/z Fire Chief EXHIBIT "A" 15"d -lD CD ro O a., C'7 rD MR City of Southlake, Texas IMNUVILOVViN September 27, 1996 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Interlocal Cooperation Agreement For Fire Protection Service With Denton County Attached is the Annual Interlocal Cooperation Agreement for fire protection service within a specific district in Denton County. The district that they are asking us to serve is the portion of Denton County that is the northwestern area of T.W. King and Corp property to the east of T.W. King that is not in the city limits of Southlake. The contract provides that the County agrees to pay the City for the full performance of this agreement the sum of $5,000 upon execution of this agreement, and $100 per fire call in the designated unincorporated areas of Denton County. The contract provides for Denton County to engage in fire service in our City when we call for their aid and we will provide fire service in their areas when needed. It allows for the Denton County Fire Marshal to respond and assist when needed with the City providing reciprocal assistance. The contract also provides that the County of Denton will supply the City with an 800 MHz radio for contact and we will have utilization of that radio during the duration of the contract. The contract provides a termination agreement of 60 days written notice from either party, and it provides that the City and County agree to accept responsibility for their own acts, negligence or omissions of the officers, employees and agents, and that neither the City or County weigh any immunities or defense that would otherwise be available to each against claims arising from the exercise of government powers and functions. The effective date will be October 1996 and will extend through September 30, 1997. We annually enter into this contract with Denton County and previously this contract has not placed any burden upon our abilities to provide service either to our citizens, or to the particular district as mentioned in the contract. The City Attorney has reviewed and approved the contract and we advise ratification of this contract. If you have any questions, please feel free to contact me. 6,Q, BC/bls c 1r THE STATE OF TEXAS ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT is made and entered into this day of, 1996, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY" and the "CITY OF SOUTHLAKE", a municipal corporation located in Denton COUNTY, Texas, hereinafter referred to as "CITY." WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of COUNTY government and related services for the benefit of the citizens of Denton COUNTY; and WHEREAS, CITY is a municipal corporation, duly organized and operating under the laws of the State of Texas and is engaged in the provision of fire protection service and related services for the benefit of the citizens of Denton COUNTY; and WHEREAS, CITY is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the SOUTHLAKE FIRE CONTRACT 1996-97 1 Interlocal Cooperative Act and Sections 352.001 and 352.004 Local Government Code and contract pursuant thereto; NOW, THEREFORE, COUNTY AND CITY, for the mutual consideration hereinafter stated, agree as follows: I. The effective date of this agreement shall be the 1st day of October, 1996. The term of this agreement shall be for the period of October 1, 1996 to and through September 30, 1997. II. Services to be rendered hereunder by CITY are fire protection services normally rendered within the CITY Fire Department as hereinafter defined, to citizens of COUNTY, to wit: A. Availability and provision of emergency fire prevention, extinguishment, safety and rescue services within the agreed or specified territory or jurisdiction of the CITY Fire Department; said services to be rendered as described herein by said Department in all unincorporated areas within the above referenced operating territory or jurisdiction of such Department, the referenced services as set out herein are rendered by said Department in consideration of the basic funding referenced elsewhere herein and the per -call fee set out elsewhere herein, for the common good and benefit and to serve the public convenience and necessity of the citizens of Denton COUNTY who are not otherwise protected with respect to fire prevention, extinguishment, safety, and rescue services. B. The CITY Fire Department shall respond to requests for fire protection services made within COUNTY as set out in Exhibit SOUTHLAKE FIRE CONTRACT 1996-97 .mac-13 N "A" attached hereto designated area 23 and incorporated by reference. C. The COUNTY agrees that in the event a fire in the CITY's unincorporated designated area which the CITY considers to be of incendiary nature and upon request by the CITY, the COUNTY Fire Marshal will dispatch investigation personnel to the fire scene within a response time sufficient to legally maintain and protect all evidence of said fire and will conduct all appropriate investigation and prosecution of arsonists. D. It is further agreed that the CITY shall not be responsible for investigations of suspected incendiary fires in rural area, but shall cooperate with the COUNTY Fire Marshal in immediately relating all pertinent information possible to the investigator(s). E. It is further agreed that the COUNTY Fire Marshal may assist in the conduct of appropriate investigations of a fire which the CITY considers to be of incendiary nature in the CITY's incorporated designated area upon request by the CITY. F. It is further agreed that the CITY shall submit monthly statements on the Texas Fire Incident Reporting System's standardized forms to the Denton COUNTY Fire Marshal, 110 West Hickory, Denton, Texas 76201. This form will serve *as the billing statement to the COUNTY for reimbursement of calls made in the unincorporated designated area. G. It is further agreed that Denton COUNTY Fire Marshal shall provide the forms upon request from the CITY. SOUTHLAKE FIRE CONTRACT 1996-97 3 ,se -/'el H. It is recognized that the officers and employees of CITY's Fire Department have duties and responsibilities which include the rendition of fire protection services, and it shall be the responsibility and within the sole discretion of the officers and employees of said Fire Department to determine priorities in the dispatching and use of such equipment and personnel, and the judgment of any such officer or employee as to any such matter shall be the final determination. The COUNTY shall designate the COUNTY Judge to act on behalf of COUNTY and to serve as "Liaison Officer" between COUNTY and CITY. The COUNTY Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated, devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this agreement and provide supervision of COUNTY'S employees, agents, contractors, sub -contractors and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of COUNTY and CITY. IV. CITY shall ensure the performance of all duties and obligations of CITY as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of CITY in full compliance with the terms and conditions of this agreement and shall provide immediate and direct supervision of the CITY employees, agents, contractors, sub -contractors and/or laborers, SOUTHLAKE FIRE CONTRACT 1996-97 4 ,S`C -/S' if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of CITY and COUNTY. MA For the services hereinabove stated, COUNTY agrees to pay to CITY for the full performance of this agreement the sum of FIVE THOUSAND DOLLARS ($5,000.00) upon execution of this agreement and the sum of ONE HUNDRED TWENTY-FIVE DOLLARS ($125.00) per fire call in the designated unincorporated areas of Denton COUNTY, Texas. No payment will be made for service provided outside the service district whether by mutual aid agreement or otherwise. CITY understands and agrees that payment by COUNTY to the CITY shall be made in accordance with the normal and customary processes and business procedures of COUNTY, and in conformance with applicable state law. COUNTY agrees to provide to CITY an STX 800 Mhz radio for the use of CITY in carrying out the terms of this contract. This radio will remain the property of the COUNTY and will be returned on termination of this agreement. COUNTY will bear the risk of loss or destruction and make necessary repairs so long as CITY uses the property in a reasonable manner for the purposes of this contact. COUNTY reserves the right to reclaim the property at any time for any reason. It is agreed by COUNTY and CITY that the radio was provided for in previous contracts between COUNTY and CITY. No agreement has been made for an additional radio. SOUTHLAKE FIRE CONTRACT 1996-97 5 \,� 16 VI. COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all COUNTY'S officers, employees, and agents while with in its COUNTY limits. VII. COUNTY and CITY understand and agree that liability under this contract is governed by V.T.C.A. Government Code Chapter 791 and V.T.C.A. Local Government Code Section 352.001 and 352.004. This agreement is made in contemplation of the applicability of these laws to the agreement. Insofar as legally possible COUNTY and CITY agree to be bound by the above mentioned statutes as they exist as of the date of this agreement. VIII. In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to• the other party in writing of such default and intention to declare this agreement terminated. Unless the default is cured as aforesaid, this agreement shall terminate as if that were the day originally fixed herein for the expiration of the agreement. IX. This agreement may be terminated any time, by either party giving sixty (60) days advance written notice to the other party. In the event of such termination by either party, CITY shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as SOUTHLAKE FIRE CONTRACT 1996-97 6 jrif �/ authorized by this agreement. In the event of such termination, should CITY be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated reimbursable expenses as authorized by this Agreement, then COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. X. The fact that COUNTY and CITY accept certain responsibilities relating to the rendition of fire protection services under this agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be and it is hereby invoked to the extent possible under the law. Neither CITY nor COUNTY waives nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of government powers and functions. XI. This agreement represents the entire and integrated agreement between CITY and COUNTY and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both CITY and COUNTY. SOUTHLAKE FIRE CONTRACT 1996-97 7 XII. This agreement and any of its terms and provision, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. XIII. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XIV. The undersigned officer and/or agents of the parties hereto are the property authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XV. Acceptance of this contract constitutes approval of the service area set out in exhibit "A" attached hereto. SOUTHLAKE FIRE CONTRACT 1996-97 8 EXECUTED in duplicate originals, this the day of 1996. COUNTY DENTON COUNTY, TEXAS 110 WEST HICKORY DENTON, TEXAS 76201 By Jeff Moseley Denton COUNTY Judge Acting on behalf of and by the authority of DENTON COUNTY Commissioners Court of Denton COUNTY, Texas. ATTEST: BY: Tim Hodges . Denton COUNTY Clerk APPROVED AS TO FORM: Assistant District Attorney APPROVED AS TO CONTENT: Denton COUNTY Fire Marshal CITY CITY OF SOUTHLAKE 667 NORTH CARROLL BLVD. SOUTHLAKE, TEXAS 76092 By Title Acting on behalf of and by the authority of the THE CITY OF SOUTHLAKE ATTEST: BY: Secretary APPROVED AS TO CONTENT: Fire Chief SOUTHLAKE FIRE CONTRACT 1996-97 9 ."�ef—'Z0 City of Southlake, Texas STAFF REPORT September 27, 1996 CASE NO: ZA 96-81 PROJECT: Ordinance No. 480-207, Second Reading Rezoning and Concept Plan/Southlake Woods STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Rezoning and Concept Plan for Southlake Woods, being approximately 73.9848 acres situated in the W.R.Eaves Survey, Abstract No. 500, being Tracts 2A4, 2A5, and a portion of Tract 2A2; and in the T.J. Thompson Survey, Abstract No. 1502, Tracts 1D, 2, 2A2, 2A3 and 2B. A total of 128 residential lots is proposed. (Please note that this is a revised request which previously proposed 105.26 acres,138 residential lots, and included Lots 3, 4, 5, 6, and 7, Airpark Estates. The request for "SF-20A" zoning on these lots has been withdrawn.) LOCATION: North side of Continental Boulevard, west of Peytonville Avenue, east of Davis Boulevard, and south of F.M. 1709 (Southlake Blvd.) OWNER: Robert G. Goode, Pat and Eileen Sheehey, and Bernard P. Cosgrove APPLICANT: Toll Brothers, Inc. CURRENT ZONING: "C-3" General Commercial District and "AG" Agricultural District REQUESTED ZONING: "SF-20A" Single Family Residential District LAND USE CATEGORY: Medium Density Residential (may include residential and limited low intensity office and/or retail uses) Mixed Use (may include residential and office buildings, hotels, and commercial and retail centers that serve local and regional needs) CORRIDOR RECOMMENDATION: Business/Service - F.M. 1938 (same as in B-2, C-1, C-2, C-3, B-1 and 0- 1 districts) NO. NOTICES SENT: Forty-three (43) _ZESPONSES: Nine (9) written responses were received within the 200' notification area concerning the original request [those responses marked with an asterisk (*) are outside the 200' notification area for the amended request]: 7A-1 • Rosetta Sheehey, 519 Davis Blvd., Southlake, TX. 76092, in favor. • * J. Michael Usseglio, 910 Shadywood St., Southlake, TX 76092, opposed, "Too much development occurring on Peytonville, South Avenue - why can't these developments be spaced out over time, Mr. Mayor???" Harry E. Gilliand, Jr., 624 Merrill Drive, Bedford, TX 7602Z undecided about. "I wish to speak briefly at P&Z meeting regarding this proposed layout. (My daughter, Lori Livingston, may speak with me, or in my behalf.)" * Annette Benbow, 1202 Scenic Drive, Southlake, TX. 76092, opposed to. "I am opposed to the request because the City of Southlake has not provided adequate drainage for existing subdivisions. To increase the run-off by allowing agricultural and open areas to be developed without improvements in the drainage facilities endangers my home." See attached letter. • * Donald and Martha Reukema, 908 Shadywood Ct., Southlake, TX 76092, opposed. "Increased traffic on Peytonville. Exit subdivisions to Davis. We were told when we bought in Chimney Hill, Peytonville would remain two lanes." • * Howard and Viola LaFevers, 1000 Shadywood Q., Southlake, TX 76092, opposed to. "We are opposed to the zoning change: 1) Added congestion on Peytonville Road, 2) Potential to change Peytonville from two to four lanes, 3) Further loss of rustic setting that drew us to Southlake." • * Naomi R. Morrison, 701 S. Peytonville Ave., Southlake, TX 76092, opposed to. 'Entrance and exit of proposed addition should be Davis, Continental, or 1709. I object to another addition adding increased traffic flow on Peytonville." • Brandon and Kay Baker, 620 S. Peytonville, Southlake, TX. 76092, opposed, because of lot sizes and not a smooth transition to larger acreage lots, loss of country atmosphere, increased traffic, drainage, loss of trees. See attached letter. • James W. Giffin, 3002 Briar Lane, Southlake, TX., opposed. "This would prohibit building of our planned 2 story office building at 963 and 961 Greenwood Drive. This is unfair to existing zoned property." See attached letter also. A petition of opposition presented by Michael H. Lease, 370 South Peytonville, Southlake, TX 76092 was received with sixteen (16) signatures stating opposition to rezoning and platting. Of these signatures, fifteen (15) were within 200' and one (1) was outside 200' notification area [petition was for original request; for amended request, six (6) were within 200' and ten (10) were outside 200']. Fourteen (14) of the respondents also signed letters which offered four (4) reasons for their opposition. Briefly, these are: 1. The increased traffic that this proposed development will bring to South Peytonville is totally unacceptable. The traffic is already at a dangerous level in the morning and afternoon. 7A-2 2. Lots 2 through 7 should remain as platted to maintain the rural (40" setting. Any change in this original platting will upset the existing continuity. 3. Public safety vehicles may not have adequate access to this large of a development without additional access roads. 4. Possible soils contamination due to years of questionable fuel, oil, and other hazardous chemical storage and handling procedures need to be examined. Mike Usseglio, 910 Shadywood, Southlake, TX Martha Reukema, 908 Shadywood, Southlake, TX Gloria Tarvin, 906 Shadywood, Southlake, TX Cathy Thacker, 902 Shadywood, Southlake, TX Al & Suzanne Spinks, 1413 Northridge, Southlake, TX Howard LaFevers, 1000 Shadywood, Southlake, TX Connie Harrell, 920 S. Peytonville, Southlake, TX Sandy Plunkett, 825 S. Peytonville, Southlake, TX Casimia Muzyka, 823 S. Peytonville, Southlake, TX Jose Franco, 801 S Peytonville, Southlake, Tx Naomi Johnson, 701 S. Peytonville, Southlake, TX Larry & Jeannie Akard, 260 S. Peytonville, Southlake, TX Brandon and Kay Baker, 620 S. Peytonville, Southlake, TX (Also see attached letter.) Charles M. Foster, 360 S. Peytonville, Southlake, TX Lori Livingston, 2020 W. Continental Blvd., Southlake, TX Michael and Sandy Faulkner, 1000 S. Peytonville, Southlake, TX Two (2) written responses were received outside the 200' notification area: • Bennet Liu, 1111 W. Airport Freeway, Ste. 201, Irving, TX 75062, in favor. • R.F. Johnston, 139 Jellico Circle, Southlake, Texas 76092, opposed "It is too congested, I suggest minimum one acre lots for this area. The access for Fire, Police, and Medical is too restricted." See attached letter. Thirty-nine (39) identical letters of support were received outside the 200' notification area. Reasons cited include: "...the approval of this proposed development will result in the Airport being taken our to service. Taking this airport out of service would alleviate concerns of small airplanes currently taking off and landing over our homes and the grounds of the Carroll Elementary School." See attached letter. Two (2) letters have been received by residents requesting that their letters of opposition be removed: • Lori Livingston, 2020 W. Continental Blvd., Southlake, in favor. "We have reviewed the revised plan submitted by Toll Bros., Inc. currently before the City of Southlake and do hereby formally withdraw our 7A-3 protest." • Connie Harrell 920 South Peytonville, Southlake, undecided. "Please remove my name form the petition opposing South Woods redevelopment by Toll Bros. I am neither for nor against the project." P & Z ACTION: July 18, 1996; Approved (7-0) to table and continue Public Hearing until August 8, 1996 due to Case Limitation Resolution No. 95-24. August 8, 1996; Approved (7-0) Applicant's request to table until September 5, 1996. September 5, 1996; Approved (7-0) subject to Staff Review Summary No. 3 dated August 30, 1996 amended as follows: Deleting item # 3A (granting applicant's request for 30' building setback lines along side street of corner lots); Revising fence exhibit to reflect extension of masonry fence to Lot 11, Block 1; Provide wood fence with brick columns from Lot 12 thru Lot 16, Block 1; Label berm on west property line; Provide 4' wrought iron fence along Peytonville Ave. and Continental Blvd except for area adjacent to the dam; Delete 4' wrought iron fence adjacent to Stonebury. COUNCIL ACTION: September 17, 1996; Approved (4-2), First Reading, Ordinance No. 480- 207, subject to Concept Plan Review Summary No. 4 dated September 13, 1996 deleting Item #6A requiring a 35' building line along both street frontages on corner lots to permit 30' building lines instead, approving Lot 4, Block 2 to also have a 30' setback along Weeping Willow Way, approving perimeter fencing as shown on fencing exhibit and as . discussed during the meeting. STAFF COMMENTS: The applicant has met all the items in Staff Review Summary No. 2 dated August 2, 1996 and Staff Review Summary No. 3 dated August 30, 1996 with the exception of those items addressed in the attached Staff Review Summary No. 4 dated September 13, 1996. L:\WP-FELES\MEMO\96CASES\96-OSIZC.WPD 7A-4 clPOST, BUCKLEY, SCHUH & JERNIGAN, INC. erly The Nelson Corporation September 9, 1996 Mr. Dennis Killough, Planner Community Development Department CITY OF SOUTHLAKE 667 N. Carroll Avenue Southlake, Texas 76092 RE. SOUTHLAKE WOODS Dear Dennis: We have received your third set of comments regarding the above project dated August 30, 1996. In general, we are in agreement with the comments and corrections have been made to the Zoning / Concept Plan and Preliminary Plat. Seventeen (17) sets of corrections have been included for the City's use. For your convenience, the review comments and responses are summarized as follows: 1. Concept Plan (40" Item 1 The lot lines have been adjusted to respect the SF -IA an - � p d SF 20A zoning lines respectively. A separate legal description has been prepared and submitted for only the SF-20A request (see attached). The new acreage for the SF-20A request is 73.99 Acres, exclusive of the existing Airpark Estates, which remains SF -IA. Item 2A The common area described in the comments has been corrected with lot and block numbers adjusted accordingly. Item 213,C The land use schedule has been corrected accordingly. Item 3A This item has been deleted from the comments by the P&Z action of 9/5/96. The P&Z approved 30' side building lines on specific corner lots. However, at this time we withdraw the variances requested on SF -IA lots. All SF -IA lots will comply with setbacks required by the Zoning Ordinance. No variances or special exceptions are requested on SF -IA lots. Lots 70, Block 1 and 40, Block 2 have been corrected accordingly, with 40' building lines. Item 313 The building line has been corrected. In addition, this comment reflects an issue resolved in a previous review. Another common area has been added, and the amenity center lot no longer directly fronts on Continental Blvd. (aw Therefore, the front building line is along Deer Hollow Blvd. Deleting the common area was an oversight, and replacing it resolves this problem. 5999 Summerside Drive, Suite 202, Dallas, Texas 75252 • 214/380-2605 • Fax: 214/380-2609 7A-5 Engineering • Planning • Surveying • Landscape Architecture • Construction Management Mr. Dennis Killough September 9, 1996 Page 2 of 2 Item 3C,D Corrected on the plan. 2. Preliminary Plat Items 1-5 Corrected on the plat. Item 6A This item was deleted by the P&Z action of 9/5/96. In addition, we withdraw the request for variances requested on the SF -IA lots. All SF -IA lots will meet the Ordinance requirements for building lines. No special exceptions or variances are requested for SF -IA lots. Lots 70, Block 1 and 40, Block 2 have been revised to reflect a required 40' building line. Item 613 Same comments as for concept plan. Common area added, amenity center lot has no direct frontage on Continental Blvd. Frontage is on Deer Hollow Blvd. (4mo, Item 6C-D Corrected on the plat. Items 7-8 Corrected on the plat. If you have any questions or need any additional information, please feel free to call. Thank you in advance for your time and assistance. Sincerely; POST, B UCKLEY, SCHUH JE,jt NIGAN, INC. Richard F. Ritz, Jr. Landscape Architect J:U0B\9604800\W\C\REV IEW3.RR 7A-6 Max SOUTHWOOD LAKES LOT SUMMARY 3 BLOCK LOT AREA SQ FT) 1 1 36697 1 2 20027 1 3 20059 1 4 20241 1 5 21319 1 6 22049 1 7 22322 1 8 22140 1 9 21502 1 10 20404 1 11 20007 1 12 20223 1 13 20125 1 14 20368 1 15 25261 1 - - - 16 _ -- - - 29850 1 17 26927 1 18 23343 1 19 28629 1 20 23898 1 21 20001 1 22 20007 1 23 20057 1 24 28308 1 25 27003 1 26 20038 1 27 20067 1 28 27323 1 29 23730 1 30 20090 1 31 20126 1 32 25458 1 33 23213 1 34 20078 1 35 25896 1 36 20371 ; 1 37 24678 1 38 30956 1 39 26377 1 40 29369 1 41 23804 1 42 29516 1 43 20012 1 44 20020 1 45 20306 1 46 21181 1 47 21514 1 48 22129 1 49 35504 1 50 33810 1 51 20528 1 52 20010 1 53 20035 1 54 20006 1 55 43576 1 5f, 44576 1 57 44452 1 58 34571 t 59 43786 1 60 43612 1 61 43642 1 62 20016 1-- . _ 63 22504 1 64 21163 1 65 20027 1 66 32921 1 67 43571 1 68 47051 1 69 53495 1 70 51513 1 71 1242 TOTAL 1878630 7A-7 BLOCK LOT AREA (SQ FT) - 2 1 12306 2 2 42858 ' 3 33599 2 4 37180 2 5 48381 2 6 46757 2 7 43932 2 8 43574 2 9 57970 2 10 43560 2 11 43562 2 12 43584 2 13 43577 2 14 43569 2 15 35523 2 16 43566 2 17 43568 2 18 21946 2 19 43616 2 20 34917 2 21 24046 2 22 22600 2 23 20189 24 30013 25 31058 2 26 21943 2 27 27158 2 28 30607 2 29 32317 2 30 44082 2 31 44080 2 32 44793 - 2 33 46651 2 34 49659 2 35 64906 2 36 4982 2 37 43624 2 38 43771 2 39 43613 2 40 53544 A BLOCK LOT AREA SQ FT 3 1 22328 3 2 21448 3 3 21497 3 4 20158 3 5 22354 3 6 22241 3 7 20268 3 8 21956 3 9 20070 3 10 21789 TOTAL 214109 BLOCK LOT AREA SQ FT 4 1 21594 4 2 20058 4 3 20291 4 4 20521- 4 5 20030 4 6 23115 4 7 20731 4 8 20321 4 9 20421 4 10 20043 4 11 21760 4 12 20022 TOTAL 248907 7A-8 COPY C\\\0\\\\YTriSta16na/12n OFFICE OF CITY ENVIRONMENTAL SECRETARY MANAGEMENT SERVICES INC August 8, 1996 City Council City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Subject: Property and Improvements (if any) Southlake Woods Property Platting and Zoning Application Nos. ZA96-80 and ZA96-81 City of Southlake, Tarrant County, Texas (the Property) Dear Council Members: The undersigned is a duly licensed engineer and/or environmental consultant. The undersigned certifies to you that the undersigned has completed an environmental site assessment (ESA) of the property, and that: A. The history of the Southlake Woods property, since May 1, 1946, does not reveal the name of an owner, tenant or other user indicating a possible current or former use involving, or storage of, hazardous or toxic materials, substances or wastes (which terms include for purposes of this letter, asbestos, polychlorinated biphenyls and petroleum products), except the portion of the Goode Airport property included in the Southlake Woods property where the take -off, landing and housing of small, privately -owned, propeller -driven aircraft in various states of repair was or is being conducted, which involved or involves various petroleum products (e.g., aviation fuel, engine lubricants, etc.); B. On -site examination and observations, and investigations of any available hydrological, photographic and other technical data, by the undersigned did not reveal grounds to believe that the Southlake Woods property or the surrounding areas is being or had been used for, or affected by, such activities, except for small areas of petroleum product -stained surface soils in certain of the airplane hangars at the Goode Airport; C. The Southlake Woods property is not included on any federal or applicable state Superfund List; R � ECD AUG 2 1810A Byberry Road, Bensalem, Pennsylvania 19020 •215-638-4338 • (Fax) 215-638-7597 7 A-9 (aw, City Council City of Southlake August 8, 1996 Page 2 D. Tests taken at, on and from the'Southlake Woods property, and examinations of the Southlake Woods property, including those areas identified in Paragraph B above, did not reveal evidence that there now exists on, in, under or affecting the Southlake Woods property hazardous or toxic materials, substances or wastes except for small areas of petroleum -product stained surface soils in certain of the airplane hangars at the Goode Airport; and E. If the procedures described in steps A through D above revealed any actual or potential environmental irregularities or non-compliance with environmental laws, the cost of correcting such irregularity or non-compliance is estimated to be $5,000 to $10,000. In making this certification the undersigned has within 150 days of the date of this letter: 1. Obtained and relied upon (a) a title abstract prepared by a duly licensed title insurance or abstract company, or duly licensed attorney, of the names of the current and prior owners, tenants and other users of the Southlake Woods property, commencing May 1, 1946 through a date within 90 days of this letter, and (b) local building, health, fire and environmental department(s) records; 2. Made a physical on -site examination of the Southlake Woods property, and a visual observation of the surrounding areas; 3. If paragraph D above indicates that tests were taken at the Southlake Woods property, made such tests of samples from the Southlake Woods property; in such locations and quantity, as well as other tests and investigations of the Southlake Woods property (including of the improvements thereon, if any) as, in our professional judgement, are deemed necessary and appropriate utilizing testing laboratories which, in our professional judgement, are capable of performing such tests and analyzing the same; 4. Examined additional available technical data, such as registered underground storage tank lists, existing aerial photography, ground water maps, which provided further pertinent information; and THState ENVIRONMENTAL MANAGEMENT SERVICES INC 7A-10 (aw City Council City of Southlake August 8, 1996 Page 3 5. Examined the Federal List of Superfund Sites as published by The Government Printing Office and the state list of Superfund Sites, if published, for Texas. - The undersigned has been retained by Toll Bros., Inc. or one of its affiliates in order to perform an ESA of the Southlake Woods property. In connection therewith, we acknowledge that: 1. The City of Southlake is relying upon the ESA and this certification in making a platting and zoning application now or hereafter associated with the Southlake Woods property. 2. The ESA was completed in substantive compliance with the technical requirements of ASTM Standard Practice E1527-93 for ESAs. Please contact me if you have any questions or require additional information. Very truly yours Terence A. O'Reilly, PG, REM Senior Project Manager cc: Kenneth J. Gary, Esq.; Toll Bros., Inc. Barry A. Depew; Toll Bros., Inc. Theodore H. Sobieski, PG, CHMM; TriState (W F:WPDOC�OUTHIAKLEf 7A-11 THState ENVIRONMENTAL MANAGEMENT SERVICES INC July 15, 1996 CITY MANAGER L, I.... 1.�,q jq( I City Planning and Zoning Commission City of Southlake 6679 N. Carroll Southlake, TX 76092 RE: ZA 96-80 ZA 96-81 I am opposed to the request because the City of Southlake has not provided adequate drainage for existing subdivisions. To increase the run-off by allowing agricultural and open areas to be developed without improvements in the drainage facilities endangers my home. At present the run-off from this area flows underneath a bridge on Continental, across school property and my yard to a drainage pipe underneath Scenic Drive. The drainage pipe is not large enough to allow the water through, so it backs up in my yard until it is able to flow over the top of Scenic Drive. Since there is no other outlet, the residents of Scenic Drive and Timber Court are isolated until the water recedes. I have lived at this address for eleven years. My yard never flooded until Chimney Hill Subdivision was built. The City Manager was made aware of this problem and has pictures for documentation, but the City has not found the money in its budget to solve the problem. It is a common sight on our street for the water to reach the side of my home. Any increase in the amount of water could put it into my home. In recent years the flood plain has been revised, and I am now required my mortgage company to have flood insurance.. Not only has this drainage problem cost me financially, it has cost me in' " and energy. Each time the yard floods, it leaves additional dirt, leaves, broken `_� es, cans, used needles, tree limbs, and other assorted debris to be cleaned up. t attached pictures from a rain at the end of July, 1995. This was a normal rain,' ing outstanding about it. You can see that the amount of water is incredible and clearly is outside the drainage easements. It is for these reasons that I can not support the rezoning of this land. Annette Benbow 1202 Scenic Drive Southlake, TX 76092 cc: City Manager REC'D J U L 2 9 1996 7A-12 -- ice! t'r�4 _ r •.,�-�-' � _. c - F t- _ ram',♦ A. �R.{ • f��` .-t Ir IL 10 ' ' • � T �ti�� : � rj,lyw * 1. •°� � • :.cif' •�1 MA � • � < .ram _ -Y ' .��`��.,,rr ''�"� f UHF �� K. , ` FkLate � � s-•- La" •� -+��T iw „raw-�4 •"�••��+Y � _ "�� '� �1' �� Ir :ma's `��.j. ._ \ ;7 �. ' 1 1+ yV,��•. •r RE: PROPOSED REZONING "GOODE AIRPORT" ON S.PEYTONVILLE AND CONTINENTAL ROADS WE ARE OPPOSED TO THE REQUEST TO REZONE FOR THE FOLLOWING REASONS: 1 This single family development of houses on 20,000 SQ.FT. lots effect the "country atmosphere" that many of us moved here for. A survey of homeowners ADJACENT to this tract on South Peytonville will show homes with acreage except for Chimney Hill at the very end of the street. Airport Estates is platted for only 3.5 to 5 acre lots. Re -zoning down to 20,000 sq. ft. lots is Not a 'smooth transition' from lots with acreage or from the C3 property. 2 The i»r-�r n'.0 <i� in troff; .J �n C 7).-'.+-vrll r- i= tl'.� p vr..:J CQ r c:-, . _ r development would make an already unsafe street worse! At morning rush hour, the traffic is heavy between the high school at one end and the elementary at the other, in addition to the construction workers and home owners going to work! 3 Drainage (water runoff) down stream is one of our greatest concerns. How can this be properly handled to eliminate any more erosion/flooding? We (and the city) had tens of thousands of dollars worth of excavating done in 1994 to control drainage. We (400, know first hand the tremendous amount of water that flows west and south through our property! What will 50% more runoff (calculated amount from roofs, driveways, and streets) mean down stream? The current proposed development has no provision for drainage. 4 There is currently no sewer in this area. This fact does not seem to be addressed in the proposed development. 4 How many trees will be lost due to this development? We have already witnessed 200 year old oaks bulldozed at Stone Gate (on S. Peytonville) and groves of oaks removed at Park Place (on S. Peytonville). The City fathers seem to give little consideration to destroying trees in the path of development. A If some form of re -zoning does pass in the future on this tract, we would like to see P & Z and the City Council demand buffer areas that reduce the removal of trees and loss of "open space", while maintaining a smooth transition to the surrounding sites.] B We would also like to see some minimum size (square foot) restrictions on these houses that complement the neighborhood, to maintain current and future property values. Sincerely, Brandon & Kay Baker at 620 S. Peytonville REC'D JUL 17 1996 7A-16 James W. Giffin 3002 Briar Lane Southlake, Texas 76092 488-3308 (office) 329-0358 (home) Ms. Lori Farwell Community Development Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Dear Lori, RE�� AUG 01 1996 July 31, 1996 Reference: ZA 96-80 & 96-81 Thank you for faxing to me the notices regarding the above referenced matters before the Planning and Zoning Commission. I own the properties in North Davis Business Park that are immediately adjacent to the subject property in these actions. ZA 96-81 I am opposed to the zoning change request for the following reasons among others: 1. The existing C-3 and SF-1A zoning allow for fair and equitable use and development of the subject property. There is no compelling reason to convert these two sections to higher density housing. The city cannot afford for any existing commercially zoned property to be converted to medium or high density residential zoning; and likewise, existing SF-1A property to a higher density SF-20A zoning. NO! 2. The conversion of any property along Davis and 1709 to Residential conflicts with the Corridor Overlay Plan and is not consistent with good management practices in the development of a balanced tax base. Additionally, the request conflicts with the Land Use Plan by combining Mixed Use, Medium Density Residential and Low Density Residential into ALL MEDIUM DENSITY Residential! NO NO NOH 3. The placement of residentially zoned property immediately adjacent to existing I-1 zoned and developed building sites is not prudent planning. The requested proximity of SF-20A lots to these already fully developed industrial sites will cause unnecessary conflicts in the future between the businesses located there and. the future homeowners of the proposed residential district. 7A-17 4. The existing property owner denied the city an utility easement for the purpose of installing sewer to the subject site. Subsequently, the property owners in North Davis Business Park (NDBP) paid a sewer impact fee in excess of $6000 per lot for installation of a sewer connection to the North Davis line. It appears from the plans supplied that the proposed housing development plans to now avail itself of this sewer availability. That is unfair to the owners of lots in NDBP. The question begs to be asked, what portion of the impact fee will be returned to the owners of NDBP and how will this proposed development be assessed for sewer? ZA 96-80 I am opposed to the zoning change request for the following reasons among others: 1. Plans for construction of buildings on the 1-1 lots immediately adjacent to the subject property are under way. Those plans now fall within all parameters of the existing zoning ordinance. The placement of residential dwellings (or the mere changing of the zoning) immediately adjacent to my I-1 zoned lots will unfairly limit the design, construction and physical dimensions of the planned construction on those lots. Buildings may be subjected to more stringent architectural requirements which do not now exist. 2. Any change in zoning should not adversely effect adjacent property owners. The placement of residential zoning, where none now exists, immediately adjacent to I-1 lots should not impact the development of the I-1 lots. That means, if by changing the existing zoning, a need is created for additional fencing, walls, buffer zones, landscaping or anything else beyond the current requirements, the zoning change must not create any additional expense to the owners of the I-1 properties to comply with these new requirements. (i.e. who is going to pay?) 3. If zoning changes are approved, then the proposed plat should be changed to place the green spaces adjacent to the I-1 lots along with providing an adequate vegetative buffer to create an isolation zone so that the businesses will not be adversely effected by the proposed housing. That's right, I said businesses should not be made to suffer any additional expense or restrictions due to a more restrictive zoning being granted adjacent to them. Residential areas don't want to have their serenity interrupted by commercial and industrial development; and conversely, commercial and industrial users should not have to change their plans and operations to suit someone who chooses to build a house next to the business property. 2 7A-18 n 0 D C 0 CO CO M 4. The request does away with valuable commercial and SF-1A property to create higher density housing which is not in the best interests of the (MV, current or future citizens of Southlake. The city can ill afford to exchange the scarce and highly sought after commercial and business development sites for the increased infrastructure costs, loss of sales tax revenue and additional loading on CISD that come with residential development. I regret that I must be out of town and unable to attend the P & Z meeting on August 8. I would appreciate it if you would submit my comments to the commissioners for consideration. As always, I am available to answer any questions you or any commissioner may have. Thank you for your help. Sincerely yours, � n 0 D C ?mes. Giffin 0 CO CO(W rn 3 7A-19 Michael H. Lease 370 South Peytonville Ave. Southlake, Texas 76092 Phone (817) 329-4241 (M) Fax (817) 424-5240 (M) July 15, 1996 Karen Gandy City of Southlake 667 North Carroll Ave. Southlake, TX 76092 Re: Zoning application 96-80 and Plat application 96-81 Dear Karen; As you requested I have attached the following petition in opposition to the above referenced zoning and plat applications. Please direct these petitions and letters to the zoning commission. Thank you for your help in this matter. Sincerely, �I Michael Lease O-j 7 A-20 Petition In Opposition To Platting and Zoning Requests 96-80 96-81 Planning and Zoning Commissioners City of Southlake 667 North Carroll Ave. Southlake, Texas 76092 Submitted to The City of Southlake Planning and Zoning Commission July 18, 1996 We the undersigned property owners, collectivley representing ownership in excess of twenty percent ( 20% ) of the property lying within two hundred feet (200 ` ) of the afore referanced preliminary plat, and rezoning request, oppose in their entirety these application requests. ner Address U55��10 El C.15scc L) 9I,D �1v'1Zf1vddv Date ,7--/,'7?> � � G1U d ,=-; l,Q� CU J,Z e 5 pr nks I se k XI-3 La�tvc' �a boo `1 mum 12 5i41 7A-21 Petition In Opposition To Platting and Zoning Requests 96-80 96-81 Planning and Zoning Commissioners City of Southlake 667 North. Carroll Ave. Southlake, Texas 76092 Submitted to The City of Southlake Planning and Zoning Commission July 18, 1.996 We the undersigned property owners, collectivley representing ownership in excess of twenty percent ( 20% ) of the property lying within two hundred feet (200 ` ) of the afore referanced preliminary plat, and rezoning request, oppose in their entirety these application requests. Property Owner Address Date 712 Franco _ Z'o/ - 5,LJ 7A-22 6 G 1-1 0 A Petition In Opposition To Platting and Zoning Requests 96-80 96-81 Planning and Zoning Commissioners City of Southlake 667 North Carroll Ave. Southlake, Texas 76092 Submitted to The City of Southlake Planning and Zoning Commission July 18, 1996 We the undersigned property owners, collectivity representing ownership in excess of twenty percent ( 20% ) of the property lying within two hundred feet (200 ` ) of the afore referanced preliminary plat, and rezoning request, oppose in their entirety these application requests. Property Owner la"Cloo t I<ab a Kcr- 7A-23 Address Date G 0 Petition In Opposition To Platting and Zoning Requests 96-80 96-81 Planning and Zoning Commissioners City of Southlake 667 North Carroll. Ave. Southlake, Texas 76092 Submitted to The City of Southlake Planning and Zoning Commission July 18, 1996 We the undersigned property owners, collectively representing ownership in excess of twenty percent ( 20% ) of the property lying within two hundred feet (200 ` ) of the afore referenced preliminary plat, and rezoning request, oppose in their entirety these application requests. Property Owner Address Date r ./fir ki, ��1,1.E> S pk�M -7 /1w 7A-2 c- Cum ate- /�2 J RECD JUL 3 0 1996 7A-25 AIRPLANES OVERHEAD OR LUXURYHOMES? (41W, - - Residents of Meyers Meadows Dear Residents: As you may or may not be aware that Toll Bros. Inc. is proposing a low density single family development of luxury homes on what is currently the Goode Airport across the street from your community. As there is some confusing and possibly misleading information being circulated about our proposed development, we would like to take this opportunity to explain our plans. Toll Brothers is the 12th largest and the premier luxury home builder in the nation. We specialize in larger low volume homes built to the specific needs of our home buyers. Currently, Toll Brothers is building in McKinney, Texas in our Mallard Lakes and Eldorado communities on large lots from $250,000.00 to $700,000.00 plus. We would love you to visit our model homes at Mallard Lakes and Eldorado to receive more information about our company, community and homes. Directions to our communities may be obtained by calling 562-TOLL. We currently have under contract portions of the properties owned by Mr. Goode and adjoining land of the Sheehey and Cosgove families totaling 105.26 acres. We are proposing 138 wide 1/2 acre plus lots with a density of only 1.3 units to the acre. This proposed density is lower than what has been developed in all the newer sub- divisions in the immediate area except Country Walk, to which our density is approximately equal. Most important to you, the residents of Meyers Meadows, the approval of this proposed development will result in the Airport being taken out of service. Taking this Airport out of service would alleviate concerns of small airplanes currently taking off and landing over your homes and the grounds of the Carroll Elementary School. Unfortunately, some local residents are opposing the plan for personal reasons which may not be in the interest of the general community who may be negatively impacted for both safety and real estate values by the operation of this Airport. If you would rather have luxury homes than an Airport, please support our application for this beautiful new community. You may do so by writing to the City Council and P & Z committee in Southlake at 667 North Carroll Ave., Southlake, Tx 76092, signing the attached form and faxing it to me at 214-542-0245, or attend the P & Z meeting on August 8, 1996 to discuss this application. If you would like any further information prior to the meeting, please do not hesitate to contact me at 214-562- 8655. Thank you for your time. Sincerely, Elvio P. Bruni Regional Vice President. Texas Division Toll Bros., Inc. 7A-26 REC'D AUG 0 7 1996 LETTER OF SUPPORT TO: Planning and Zoning Commission City Council City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 RE: Platting and Zoning Applications for Southlake Woods subdivision ZA 96-80 ZA 96-81 The undersigned residents) of the City of Southlake supports the proposed Southlake Woods development on the Goode Airport site and the above platting and zoning applications and urges the Planning and Zoning Commission and the City Council to approvc the development and applications. Property Owner's Name (printed): Signature: Address: Date: A 7 A-27 SEP-11-1996 10:13 TOTAL MAINTENANCE CONCEPT 817 431 1686 P.02 A A A uy or$ 667 N. CumU SowlhlitlnS Tee 76M Dw C RmcH Mcmbm: We hwe mvkvmA the ftvim d pha wed by ToD Hao.,1= o=mdy bdix dw City of Soudal oe std do haft fxmdiy wdh&-Ww our p mtesL Re3peetive, y bY: BY: - Due: Nance ) 1),Q I ilevinlYA41)w 7A-28 TOTAL P.82 TOTAL P.02 FROM : HARRELLVCUSTOM HOMES, INC. 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THOR 50 4 SWWY 1500 IF 5A1 5A2 IM iG I I Ac 15-213 15.4 Ac i k#. !5 Ac !!LIA3 IA 2 W IA20 5 Ac 7 --- --- U 6A1 68 682 6 6E A- W 6 Ac 2 Ac 5 Ac 7 A( 0000 OkAl i 6C7 SAM 11 Ac SIC 2A a] lA4 FZ'l M CM 6F1Ar 6F2 181 Isle IBIAIJ 161 Ac 13 Ac IAJ U Ac i 2 Ac US KaLER CITY OMIT 2 zA 5A i i 0jR*( 3A 11.27 Ac CARROLL y ELEMEWAR 11 5 58 SCHOOL -346 GH RA - 561A 25 Ac 3A 4 i 44 Ac 80 Ac ADJACENT OWNERS AND ZONING i ON OWNER 1. H. Gilliand 2. Globstar, Inc. 3. Mercantile Bank 4. S. Jordan 5. W. Couch 6. R. Couch 7. J. Couch 8. B. Cosgrove 9. F. Sheehey 10. M. Cosgrove 11. 0. Collins 12. Venus Patterns 13. Albertson's Inc. 14. Souttlake IV 15. DKV Sutton Partners 15a. Joyce Myers Ent. 15b. B. Lieu 16. W.B. Kidd Family 17. Chateau Devlop. 18. C. Baker 19. C. Foster 20. M. Lease 21. R. Goode 22. R. Goode R. Goode (am"23. 24. R. Goode 25. B. Harrell 26. Mikel Faulkner 27. R. Goode 29. Carroll ISD 29. City of Southlake 30. Country Walk Ltd. 15 ZONING "AG" "I-1" "I-1" "1-1" "AG" "AG" "AG" "AG" "AG" "AG" "AG" "C-3" "C-3" "C-3" •C_2" "PUD" "AG" "C-2" "SF-20A" "SF -IA, RE" "SF -IA" "SF -IA" "SF -IA" "SF -IA" "SF -IA" "SF -IA" "SF -IA' "SF -IA" "SF -IA" "CS" "SF-20A" "SF-20A" 15a 15a Revised Concept Plan 7A-31 Spin Representative #14 Karen Cienki Spin Representativ:#15 Wayne and June H City of Southlake, Texas No: ZA 96- Review No: Four Date of Review. 9/13/96 APPLICANT: SURVEYOR: Ton CisInc.'oy.. Bwj&at. Schuh & jernigau- 40 10 Eider Drive 5999 immerside Drive. Suite 202 u =75070 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/09/96 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. 1. Common Area No. 3 should be divided at the zoning line between the proposed SF-20A zoning and the existing SF -IA zoning. Combine the east portion of the Common Area (located within the SF-lA tract) with Common Area No. 2 (Lot 5, Block 2). Number all lots (including Common Areas) in sequential order within the appropriate block. 3. The following changes are needed with regard to the Land Use Schedule. l A. Phase M should reflect 1 Common Area. Correct total lots, areas and.densities resulting from this change. B. Correct the density shown for Phase IA and Phase IV. The density appears to be 0.79 DU/AC and 1.59 DU/AC respectively. 4.. Correct the legal description on sheet 2 to reflect only the boundary of the SF-20A zoning request. 5. Correct the title to reflect the acreage and number proposed residential lots, common areas, etc. for the SF-20A zoning. Delete reference to "Airpark Estates". This is no longer part of the SF-20A zoning request. 6. The following changes are needed with regard to building lines: A. A 35' building line is required along, both street frontages on conger lots designated for SF- 20A. The applicait has requested a reduction to a 3(Y building line along the side street of the following corner lots: Block 1, Lots 17,18, 33, 41, 43, 58, 63, and 64 Block 2, Lots 2,15,18, 21, 222 and 27 7A-32 City of Southlake, Texas Block 3, Lots 1, 5, 6, and 10 Block 4, Lots 1, 6, 7 and 12 (P & ZAction 915196, granted applicants request for 30' building setback line along the side street of the specified corner lots) B. Provide a 35' building setback line along the street frontage and "eye brow" of Deer Hollow Boulevard for Lot 4, Block 2. * The applicant should be aware the no driveway access shall be allowed from any residential lot within this development onto Southlake Boulevard (F.M. 1709), Davis Boulevard (F.M. 1938), Continental Boulevard or Peytonville Avenue." * Although there are a few lot lines which are not perpendicular or radial, they appear to meet the intent of this requirement. * All lots adjoining properties zoned with or having a low density residential land use designation must be 125' in with at the rear property lines. All lots adjoining properties platted and having a SF-1 or RE zoning must have a minimum lot area of 30,000 square feet. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 9f23/96. 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. & Z ACTION: July 18, 1996; Approved (7-0) to table and continue Public Hearing until August 8;11996 due to Case Limitation Resolution No. 95-24. August 8,1996; Approved (7-0).Applicant's request to table until September 5,1996. September 5, 1996; Approved (7-0) subject to Staff Review Summary No. 3 dated August 30, 1996 amended as follows: Deleting item # 3A (granting applicant's request for 30' building setback lines along side street of corner lots); Revising fence exhibit to reflect extension of masonry fence to Lot 11, Block 1; Provide wood fence with brick columns from Lot 12 thru Lot 16, Block 1; Label berm on west property line; Provide 4' wrought iron fence.' along Peytonville Ave. and Continental Blvd except for area adjacent to the dam; Delete 4' wrought iron fence adjacent to Stonebury. * I Denotes Informational Comment cc: Toll Bros., Inc. Post, Buckley, Schuh & Jernigan, Inc. Robert 0. Goode41953 Southlake Blvd., Southlake, Tx. 76092 Pat or Eileen Sheehey, Route 4 Box 37A, Sherman, Tx. 75090 Bernard P. Cosgrove, 515 Davis Blvd., Southlake, Tx. 76092 L.AWP tCPA 7A-33 . ; i a 14 _ N O N 111 O W � ca Wl; a ydld 2i F�JIIII6�III�IF�711�I�116191�I nnnoEimot€uomioaii �illl�l IIIIDtE110:l111�;11 �E01110'lIIll�ii1I10�f11I11� II BVMU 'Sr nyu - *3M '"Vt)I l W =1 annoS 'JC r=nH 'ZSOa 7A-35 N NJ CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-207 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS BEING APPROXIMATELY 73.9848 ACRES SITUATED IN THE W.R. EAVES SURVEY, ABSTRACT NO. 500, BEING TRACTS 2A4, 2A5, AND A PORTION OF TRACT 2A2; AND IN THE T.J. THOMPSON SURVEY, ABSTRACT NO. 1502, TRACTS 1D, 2, 2A2, 2A3, AND 2B, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-3" GENERAL COMMERCIAL DISTRICT AND "AG" AGRICULTURAL DISTRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. REQUESTED ZONING: WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "C-3" General Commercial District and "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and L:\CTYDOCS\ORD\CASES\480-207.20A • Page 1 7A-37 • 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: L:\CTYDOCS\ORD\CASFS\480-207.20A • Page 2 7A-38 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 73.9848 acres situated in the W.R. Eaves Survey, Abstract No. 500, being Tracts 2A4, 2A5, and a portion of Tract 2A2; and in the T.J. Thompson Survey, Abstract No. 1502, Tracts 1D, 2, 2A2, 2A3, and 2B, more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "C-3" General Commercial District and "AG" Agricultural District to "SF-20A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. 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 LACTYDoMoxMCASEM480-2W.20A Page 3 7A-39 or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1996. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. MAYOR ATTEST: L:\CTYDOCS\ORD\CASF.S\480-207.20A • Page 4 7A-40 • 0 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:\CTYDOCS\ORD\CASES\480-207.20A 7A-41 Page 5 EXHIBIT "A" BEGINNING at a point for the southwest corner of Tract 2 of AIRPARK ESTATES, an addition to the City of Southlake, Texas according to the plat thereof. recorded in Volume 388-123, Page 99 of the Plat Records of Tarrant County, Texas; THENCE with the north line of said AIRPARK ESTATES, the following courses and distances to wit: South 00°55'20" East, a distance of 449.43 feet to a point fog corner; S6uth,08023'10" West, a distance of 156.51 feet to a point for corner; South 05°48'34" West, a distance of 481.35 feet to a point for corner; South 05048'21 " West, a distance of 529.96 feet to a point for corner; THENCE South 05'48'21 " West, a distance of 653.46 feet to a point for corner in the centerline of Continental Boulevard; THENCE along the centerline of said Continental Boulevard, South 89°41'56" West, a distance of 470.72 feet to a point for corner; THENCE leaving said centerline, and with the east line of a tract of land described in deed to H.E. Gilliland, recorded in Volume 7560, Page 1015 of the Deed Records of Tarrant County, Texas, North 00° 14'57" East, a distance of 427.86 feet to •a point for the southeast corner of NORTH DAVIS BUSINESS PARK, an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 253 of the Plat Records of Tarrant County, Texas; THENCE with the east line of said addition and the east line of a tract of land described in deed to W.E. Couch, recorded in Volume 8713, Page 141 and Volume 4680, Page 389 of the Deed Records of Tarrant County, Texas, the following courses and distances to wit; North 00°40'58" East, a distance of 230.04 feet to a point for corner; North 00027'05" West, a distance of 1315.27 feet to a point for the northeast corner of said Couch tract; THENCE with the north line of said Couch tract, South 89*05'15" West, a distance of 771.43 feet to a point for the southeast comer of a tract of land described in deed to Bernard Cosgrove, recorded in Volume 3865, Page 333 of the Deed Records of Tarrant County, Texas; THENCE with the east line of said Cosgrove tract, part of the way, North 01 a 14'41 " West, a distance of 477.92 feet to a point for the northeast corner of said Cosgrove tract; • THENCE with the north line of said Cosgrove tract, South 89° 16'56" West, a distance of 79.84 feet to a point for corner; THENCE with the east line of a tract of land described in deed to Michael Cosgrove, recorded in Volume 7011, Page 700 of the Deed Records of Tarrant County, Texas, part of the way, North 00028'12" West, a distance of 541.14 feet to a point for the northeast corner of said Michael Cosgrove tract; THENCE with the north line of said Michael Cosgrove tract part of the way, South 89°26'51" West, a distance of 332.60 feet to a point in the east right-of-way line of F.M. No. 1938 (Davis Blvd., a variable width ROW); THENCE with the said east right-of-way tine, the following courses and distances to wit: North 00050'37" West, a distance of 16.81 feet to a point for corner; North 06033137" West, a distance of 33.33 feet to a point in the south line of a tract of land described in deed to Otis Collin, recorded in Volume 8267, Page 1572 of the Deed Records of Tarrant County, Texas; THENCE leaving the east right-of-way line of said F.M. No. 1938 and with the south and east lines of said Collins tract, th fallowing courses to wit: North 89*27151" East, a distance of 500.86 feet to a point for corner; North 00°22'49" East, a distance -of 302.99 feet to a point in the south line of SOUTHLAKE CROSSING, PHASE 1,'an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 251 of the Plat Records of Tarrant County, Texas; L:\CTYDOCS\ORD\CASES\480-207.20A a Page 6 7A-42 A THENCE with the south lines of said addition and the southerly and easterly lines of SOUTHLAKE CROSSING, PHASE 2, an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 2425 of the Plat Records of Tarrant County, Texas, the following courses and distances to wit: North 89024'55" East, a distance of 121.53 feet to a point for comer; North 50055'48" East, a distance of 261.36 feet to a point for corner; North 89038119" East, a distance of 317.29 feet to a point for comer; North 04008'56" West, a distance of 243.94 feet to a point for corner; THENCE leaving the east line of said SOUTHLAKE CROSSING, PHASE 2, North 51 °27'45" East, a distance of 539.99 feet to a point for the northwest corner of STONEBURY, an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 2917 of the Plat Records of Tarrant County, Texas; THENCE with the west line of said addition and the west line of BAKER ESTATES, an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 1575 of the Plat Records of Tarrant County, Texas, the fo1y, g courses and distances to wit: IL outh 00° 1257" East, a distance of 729.82 feet to a point for corner; South 00°09'57" East, a distance of 276.03 feet to a point for corner; South 00' 13'50" East, a distance of 436,87 feet to a point for the southwest corner of said BAKER ESTATES; THENCE with the south line of said addition, South 89°51'24" East, a distance of 307.59 feet to a point for the northwest corner of said AIRPARK ESTATES; THENCE with the west line of said AIRPARK ESTATES, South 00°45'29" East, a distance of 374.47 feet to the POINT OF BEGINNING and containing 73.9848 acres of land. A L:\CTYDOCS\ORD\CASES\480-207.20A Page 7 7A-43 EXHIBIT "B" �Y s � 1 HIS .. a Page 8 7A-44 is City of Southlake, Texas MEMORANDUM July 10, 1996 TO: Planning and Zoning Commissioners FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Miscellaneous Information from Michael Lease, Owner of Lot 2, Airpark Estates 370 S. Peytonville Avenue Attached are miscellaneous documents provided by Michael Lease that he asked that the P & Z Commission be given. All these documents appear to deal with deed restriction issues. As each of you are aware, the City has no review authority over deed restrictions because they are private covenants affecting specific parcels of land and its owners. Again, the only reason that these documents are provided to you is because Mr. Lease so requested. 0-- KPG 7A-45 A 0 Structures and Interiors, Inc. 2875 Exchange Blvd. Suite 105 Southlake, Tx. 76092 hone (817) 329�241 ax (817) 424.5' 240 - Fax Cover Sheet - Date: 7/8196 b IPages: To: Karen Gandy City of Southlake Fax Phone: Telephone: From: 817-488-9370 817-481-5581 Michael Lease Subject: Goode Zoning Application Please copy all P&Z commissioners. REC'D J U L 0 9 1996 7A-46 P Air ;:- -.• T `°-� S / �21 C-%-� 0 /US -.�2� �1 o iJEA . RELEASE OF DEDICATION AND RESTRICTIONS STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § Reference is made to that certain Dedication and Restrictions of Airpark Estates, an addition to the City of Southlake, Tarrant County, Texas, executed by Robert G. Goode, Trustee, dated October 30, 1978, and recorded on October 31, 1978, at Volume 388-123, Page 99 of the Plat Records of Tarrant County, Texas (the "Deed Restrictions"), and to the Airpark Estates subdivision plat therein incorporated and filed of record at the same volume and page, which describes and identifies all of the tracts subject to the Deed Restrictions (the "Tracts"). The undersigned, being the owners of all of the Tracts subject to the Deed Restrictions, do hereby fully and forever RELEASE and DISCHARGE all of said Tracts from the Deed Restrictions in their entirety, which Deed Restrictions are hereby declared abandoned and canceled. This Release of Dedication and Restrictions may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Dated: STATE OF TEXAS COUNTY OF TARRANT of 1994. ROBERT G. GOODE, Owner o •..Tracts 3, 4, 5, 6, and 7 :a NORMA F. GOODE (Spouse) This instrument was acknowledged before me , 1994, by Robert G. Goode and (41" My Commission expires: on the day Norma F. Goode. Notary Public in and for the State of Texas Printed Name of Notary: 't .x. .t .r'—— ..-�:.�c �+-v.n`:<a:.�-- sacs•... ..i"t�'�c�'.�.ya�4'�3 =s�. .iarJ3i:sJ:�. 7A-47 7 Owner of Tract 2 (Spouse) STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of , 1994, by My Commission expires: Notary Public in and for the State of Texas Printed Name of Notary: STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged *before me on the of , 1994, by My Commission expires: Notary Public in and for the State of Texas Printed Name of Notary: day RELEASE OF DEDICATION AND RESTRICTIONS (AIRPARK ESTATES) -- 9ignature 7A-48 - - Owner of Tract 2 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the , 1994, by My Commission expires: STATE OF TEXAS COUNTY OF TARRANT of (Spouse) Notary Public in and for the State of Texas Printed Name of Notary: day This instrument was acknowledged* before me on the day , 1994, by My Commission expires: Notary Public in and for the State of Texas Printed Name of Notary: RELEASE OF DEDICATION AND RESTRTrTT,ONS (AIRPARK ESTATES) -- . Signature ; Page 7A-49 --- - _: A OF RECORDED SUBDIVISION PLAT STATE OF TEXZkS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § Dated: , 1994 Reference is made to that certain Airpark Estates -plat (the "Plat") dated October 30, 1978, and filed ::ec:crc- cn Cctober 31, 1978, at Volume 388-123, Page 99, of the Plat Records of Tarrant County, Texas. The undersigned, being the owners of all of the tracts of land shown on the Plat, do hereby declare the Plat to be vacated as to Tracts 3, 4, 5, 6, and 7 thereof, and do hereby request the Planning and Zoning Commission and City Council of the City of Southlake to approve said partial vacation. This Statement of Partial Vacation of Recorded Subdivision Plat may be executed in counterparts, each of which shall constitute an original hereof and all of which together shall constitute one and the same instrument. Approved by City of Southlake, day of , 1994. By: Mayor, City of Southlake - - - 7A-50 �a.,-,.. .- ,... .a : .> � . ,st • � : -- � v .4 _ .. -----^?moo — x; - � . -..�•_—�_ _�:�.: A Owner of Tract 2 (Spouse) STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of , 1994, by My Commission expires: STATE OF TEXAS COUNTY OF TARRANT Notary Public in and for the State of Texas Printed Name of Notary: This instrument was acknowledged before me on the day of , 1994, by My Commission expires: Notary Public in and for the State of Texas Printed Name of Notary: STATEMENT OF PARTIAL VACATION OF RECORDED SUBDIVISION PLAT (AIRPARK ESTATES) -- Signature Page 7A-51 A Owner of Tract 2 (Spouse) STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of , 1994, by My Commission expires: STATE OF TEXAS COUNTY OF TARRANT of Notary Public in and for the State of Texas Printed Name of Notary: This instrument was acknowledged before me on the day , 1994, by My Commission expires: Notary Public in and for the State of Texas Printed Name of Notary: STATEMENT OF.:'=PARTIAL-VACATION OF RECORDED SUBDIVISION PLAT (AIRPARK ESTATES S+', • - :ti_ :.- r "x :: 3 � 2 +T r ,,.r.� � �n� ., .w,.. -+roo .!*ate t::sr;;wCcy_ _ a-u4 wt ar.:xe - - 7A-52 - I,.... Carol Lee Hamilton, MPA Attorney At Lave 1210 Cross Timber Drive Southlake, Texas 76092 871-488-3996; Fax 488-7840 June 6, 1996 Mike and Patti Lease 370 S. Peytonville Road Southlake, TX 76092 Dear Mike and Patti: This letter is to summarize my notes of a telephone call that I received from Mark Jimenez which occurred on June 5, 1996. Mr. Jimenez, as you are aware, represents Bob Goode. The purpose of the call was characterized by Mr. Jimenez as a "courtesy call" to advise me of possible action pending against you. I confirmed that I am your attorney for the property issue regarding the development of the adjacent property owned by Bob Goode. The details of the call were: 1. A zoning. application was filed with the City of Southlake on 05/28/96. He did not have the application number. 2. Toll Brothers (Pennsylvania) is the developer. The plan calls for 120 lots on 104 acres. The proposed density would be 1.23 homes per acre, Lot sizes will range from 20,000 sq. ft. to 30,000 sq. ft. Only 30,000 sq. ft. lots will abut Lease's property. 3. The airport will close. 4. There will be an entrance off Peytonville and Continental. There will be a possible third entrance off 1709. 5. Development will begin on the western portion of the property, near the shopping center and move eastward. Development adjacent to the Leases would be at least a few years in the future. 6. Estimated development speed is 50 homes per year. Home prices are 1/2 million and up. Toll Brothers does all of its own development (no other builders are used). 7. The developer's position is that roads, sewer, etc. can be put in without violating the covenants. He cited McDonald v. Painter, 441 S.W.2d 179 (S. Ct. 1969). The developer 7A-53 Page Two also believes it can put in model homes in accordance with the covenants (one per existing Airpark Estates lot). 8. Goode had a survey of Lease's property done by Tommy Thompson. PBS & J - (formerly Nelson Corp.) checked the survey. A finding is that a portion of the driveway "that Mike put in" is 11 inches outside of the property line. [I told him I did not believe that Mike put in the driveway.] 9. The Leases are in violation of the restrictive covenants with regard to the "perimeter fence". I asked, "Do you mean the open fencing in the front year?" The response was he thought that was the fencing in question. 10. The Leases are in violation of the restrictive covenants with regard to the "structure" built in the backyard. [After some discussion we agreed that the "structure" is the playhouse which I referred to during the rest of the call as "Ncole's playhouse"]. 11. There are apparently no other alleged violations of the covenants. [I asked whether Mr. Goode had ever complained to the former owner or to you. He could not affirm that a complaint had ever been made.] 12. "The money is gone", i.e., the only offer to you now is a forbearance of suit. If you release the covenants, then you would not be sued. [I am assuming that it would be Mr. Goode suing which would mean Goode still owns the property.] I asked repeatedly what benefit is yielded from suing (given that he stated that the development is going to occur regardless and the developer will "work around" the -Leases). His response was that because Mr.- Goode is being expected to uphold the covenants by not building homes, the Leases and the Fosters should likewise uphold them. 13. He called again on the evening of 06/05. I spoke with him on 06/06. He was more conciliatory in his tone. He stated he had thought of another possibility. He proposed: What if the developer agreed not to develop on any adjacent lots ("lots" meaning the re - platted lots after the zoning is approved), including no model home(s)? In exchange, both parties would release the covenants. 14. If the Leases do not release the covenants, Goode will "enforce the covenants" by filing a suit. Also, the property suit would allege encroachment of the driveway. First, the Leases will receive a formal notice giving 10 days to comply with the covenants and to remove the encroachment. Ifthere is not compliance, then a suit will be filed. Damages are $200 per day for the encroachment. He cited the Property Code, Sections 202.004-C and 5.006. 7A-54 Page Three I wish to meet with you as soon as possible to discuss the implications of the call and to formulate strategies. Should you decide that becoming defendants in such a lawsuit is in your bests interests, then I will refer you to an attorney who practices exclusively in this area to handle the litigation. However, I will gladly represent you in all other related -legal matters, negotiations and representations before the City of Southlake. Ue fees for my services will be�ke plus expenses. Billing will be in minimum increments of 15 minutes: This fee includes, but is not limited to research, preparation of documents and materials, review of legal documents, meetings and telephone calls. By signing below letter, you are agreeing to the terms of my representation. Sincerely, Carol Lee Hamilton, Attorney At Law We agree to the terms and conditions of legal representation by Carol Lee Hamilton. We understand that we may terminate this agreement at any time and owe only for (Ow legal services already received. Patricia Lease Michael Lease Date Date k ARCECTURAL CONTROL COMMIT? AIRPARK ESTATES 1080 South Peytonville Avenue Southlake, Texas 76092 8174814211 June 6, 1996 Michael and Patricia Lease 370 South Peytonville Avenue Lot 2, Airpark Estates Southlake, Texas 76092 Re: Airpark Estates Deed Restrictions Dear Mr. and Mrs. Lease: Please be advised that you are in continuing violation of the Airpark Estates Dedication and Restrictions dated October 30, 1978, and filed of record at Volume 388-123, Page 99, Tarrant County Plat Records (the "Restrictions"). Pursuant to Section IV of the Restrictions, "no residence, out -building, fence, wall or structure of any kind shall be commenced, erected or maintained, nor shall any addition thereto or chance or alteration thereof be made" unless you have first submitted plans and specifications. Ins. plot plans, and grading plans to the Architectural Control Committee and obtained the T%Wimittee's written approval. By letter dated April 5, 1994, you were notified by the Committee that construction of your perimeter fence violated this Section IV. In addition, it has recently come to the attention of the Committee that you have constructed an out -building on your Lot 2 in violation of Section IV. You are hereby directed to immediately remove the perimeter fence and the out -building from Lot 2. In the event such removal is not effected within ten (10) days from the date of this notice, the Committee will file suit to enforce the Restrictions. Please be advised that pursuant to Section 202.004 of the Texas Property Code, the Committee will seek assessment against you of the statutory civil damages of $200.00 per day for each violation of the Restrictions, accruing for each violation from the date construction was commenced. Furthermore. Section 5.006 of the Texas Property Code mandates that the court award to the Committee its legal fees incurred in enforcing the Restrictions. Please be advised that the Restrictions must be complied with and will be strictly enforced by the Committee against all current and future owners of lots in Airpark Estates. In that regard, you have previously advised the undersigned of your intent to replace the roof on the residence situated on Lot 2. Please be advised that pursuant to Section III of the Restrictions, all roofing material must be approved by the Committee prior to installation. Yours very truly, Robert G. Goode, Chairman of the — _ _ 7A-56 -: Patricia G. and Michael H. Lease 370 S. Peytonville Avenue Southlake, Texas 76092 June 13, 1996 Robert G. Goode 1080 South Peytonville Avenue Southlake, Texas 76092 Dear Mr. Goode: This is in response to your letter dated June 6, 1996, and received on June 7th, concerning an alleged encroachment onto your property. Please be advised that we have removed the strip of driveway that is shown by your surveyors to be encroaching upon your property. It is our full intention to cooperate with adjoining landowners and our neighbors to promote the highest quality of living possible in our neighborhood. Should you elect to have your property surveyed again, we will appreciate a copy of the survey documents for our records. Thank you for bringing this matter to our attention. We trust that our responsiveness regarding the alleged encroachment will allay all of your concerns. Respectfully, Patricia and Michael Lease c: Carol Lee Hamilton, MPA, Attorney at Law 1210 Cross Timber Drive Southlake, Texas 76092 31 7A-57 61, JAMES �L . COX, ATTORNEY TEL : 817-268-3701 Jul 08,96 16:11 No.001 P.02 A JAMES L. COX Attorney - At - Law 1852 Norwood Plaza, Suite 206 Hurst, Texas 76054 (817) 268-3701 FAX (817) 282-6669 June 13, 1996 Mr. and Mrs. Charles Foster 360 South Peytonville Avenue Lot 1, Airport Estates Southlake, Texas 76092 and Mr. Mike Lease 370 South Peytonville Avenue Lot 2, Airport Estates Southlake, Texas 76092 RE: Airpark Estates issues Dear Mr. and Mrs. Foster and Mr. Lease: The purpose of this letter is to answer your questions regarding your rights with respect to the Airpark Estates restrictions. I have reviewed the Airpark Estates Dedication and :.gestrictions document and the various pieces of correspondence you furnished to me. In addition I researched the relevant statutes and Texas case law. This letter will first set out the salient facts as Z understand them and then discuss the pertinent issues in a question and answer format. FACTUAL BACKGROUND Mr. Robert G. Goode platted and dedicated Airpark Estates in 1978. Nine (9) lots were platted and form Airpark Estates. These lots range in size from approximately three (3) to five (5) acres. The plat and dedication along with the restrictive covenants was filed with the Tarrant County Clerk. You have furnished me with copies of the recorded plat and the restrictions. The Fosters purchased 'their Lot No. 1 from Mr. Goode after Airpark Estates was platted and dedicated and built their residence on it. Mr. Lease purchased L•nr No. 2 from others -who had 7A-58 JAMES L . COX, ATTORNEY TEL : 17- %'6S- -701 Jul 08,96 16:11 No .001 P.03 (400, Page Two Mr. and Mrs. Charles Foster Mr. Mike Lease June 13, 1996 originally purchased from Mr. Goode after Airpark Estates was platted and dedicated. Mr. Goode only sold four (4) of the original nine (9) lots and continues to own five (5) of the lots. The restrictive covenants have been generally observed and compliance has been maintained over the years. Neither the Fosters nor the Leases were contacted by the Architectural Control Committee, composed of Mr. Goode and his family members, regarding any restriction violations until 1994. In March of 1994, Mr. Goode approached the owners of the four (4) lots he did not own and requested that the restrictions in the recorded Dedication and Restrictions be terminated. By terminating the restrictions he would then be able to utilize the lots which he still owned in connection with the development of a subdivision on lands he owned to the south, west, and north of Airpark Estates. After termination of the restrictions was rejected, by certified letters dated April 51 1994 Mr. Goode, ostensibly acting on. behalf of the Architectural Control Committee, notified both the Fosters (W and Leases that "certain construction" on their lots was in violation of the procedures set forth in the restrictions. In fact, the restrictions require that prior to commencing construction of any residence, out -building, fence, wall or structure of any kind, written approval by the Committee must be obtained. No further construction was attempted by either the Fosters or Leases, nor did either family seek written approval of the Committee after the April, 1994 notices. Using his control position as representative of the Architectural Control Committee, and a quid pro quo approach for approval of certain new construction, Mr. Goode secured release of the restrictions from the other two families who own lots in Airpark Estates. In February, 1996, Mr. Lease was contacted by Mr. Goode who again requested release of the restrictions. Mr. Lease rejected the request, but countered with an offer that involved the sale of his lot to Mr. Goode or alternatively the notion of damages payment plus the requirement of a land buffer between his lot and a proposed new subdivision. Mr. Goode rejected this counter proposal. During 1996 Mr. Goode has continued to attempt to secure a release of the restrictions from the Fosters. By letter dated (a.., April 23, 1996 Mr. Goode offered the Fosters $10,000 to release the restrictions. When this was rejected Mr. Goode conveyed his "last monetary offer" by letter dated May 10, 1996 to the Fosters offering them $15,000 to release the restrictions. The Fosters 7A-59 3 MES COX, ATTORNEY TEL:817-268-3701 3u 1 08,96 16 : 1 1 No . 001 P.04 Page Three Mr. and Mrs. Charles Foster Mr. Mike Lease June 13, 1996 rejected this offer. During May, 1996 Mr. Lease was verbally told that he would receive an offer from Mr. Goode after the Fosters had agreed to a release of the restrictions. On about June 7, 1996, the Fosters and the Leases received letters from Mr. Goode, ostensibly acting as Chairman of the Architectural Control Committee, demanding that they respectively remove a fence from Lot 1 and cease further construction of the same and remove a playhouse and fence from Lot 2 and cease further construction of the same. DISCUSSION or YOUR QUESTIONS 1. Can the Architectural Control Committee force removal of the fences and playhouse and what are your rights with respect to the same? Section 202.003(a) of the Texas Property Code provides that restrictive covenants are to be construed to give effect to their purpose and intent. Under Texas law it is well settled that clear and unambiguous restrictions are enforceable. The Dedication and Restrictions document is quite clear on the restrictions for construction on lots in Airpark Estates and on the required procedures for obtaining approval from the Architectural Control Committee. Section 202.004 of the Texas Property Code allows a Court to assess damages for restriction violations of pp to a maximum of $200.00 per day for each violation of valid restrictions. In addition, Section 5.006(a) of the Property Code .ways that the Court shall allow the prevailing party who asserts a cause of action based on the breach of a restrictive covenant pertaining to real property reasonable attorney's fees plus that party's costs and claims. The short answer to the question is that neither the Fosters nor the Leases complied with the required procedures and the Committee does have the right to force removal of the items cited to be in violation of the restrictions in the dune, 1996 letters. The letters give you a reasonable time to remove the cited items and I advise that you do so within the ten (10) day period stated in the letters. Of course, the law applies to Mr. -Goode too. Section 202.004(a) of the Property Code prohibits the discretionary authority of a representative or group designated by restrictive covenants f rom being arbitrary, capricious, or discriminatory. As property owners you may have a cause of action against Mr. Goode and other members of the Committee for damages they cause you, or 7A-60 JRMES E. COX, ATTORNEY TEL:817-268-5701 Jul 08,96 16:12 No.001 P.05 Page Four Mr. and Mrs. Charles Foster Mr. Mike Lease June 13, 1996 may have already caused you, by their failure to uphold the restrictions. I suggest that you continue with your course of action to obtain the Architectural Control Committee's records so that you can ascertain any wrongdoing by Mr. Goode and others on the Committee. 2. What procedures should you follow in order to place "fences" and other "restricted structures" on your premises? The Dedication and Restriction document is very clear on the procedures you should follow in order to do construction on your properties. Paragraph IV of the document requires that "plans and specifications, designs, plot plans, and grading plans" must first be submitted to the Committee and approved in writing by the Committee. As noted above the Committee is held to the objective standard of Section 202.004(a) of the Property Code and may be liable for any arbitrary, capricious, or discriminatory actions on their part in granting or denying approval. From what you have told me Mr. Goode, acting on behalf of the Committee, may have sometimes been waiving the procedural requirements for written Committee approval when he verbally approved various minor construction projects and told you that written approval would not be required. If the Committee should require removal of any structure or item that Mr. Goode verbally approved and verbally waived the written approval requirements, you may have a cause of action against him individually for any damages he causes you. 3. When can the restrictions be released by Mr. Goode without the consent of the Fosters and Leases? Under paragraph X, on page 5 of the Dedication and Restrictions the duration of the restrictions and covenants is set out. The document is very clear that the minimum period for the restrictions is twenty five ( 25 ) years from the date the instrument was filed with the County Clerk of Tarrant County, Texas. The procedure for termination of the restrictions at the twenty five (25) year time point is for owners of tracts covering more than fifty percent (50%) of the Aixpark Estates platted area to execute and file a written agreement terminating the restrictions at least five (5) years before the twenty five (25) year time point. (40., This provision regarding duration is very common in recorded restrictive covenant documents regarding real estate and the wording of this particular paragraph is very common. The purpose 1p-L� JAMES L. COX, ATTORNEY TEL:817-268-3701 Jul 08,96 16:12 No.001 P.06 (wage Five Mr. and Mrs. Charles Foster Mr. Mike Lease June 13, 1996 of requiring a minimum five (5) year recorded notice is to give both current owners and future buyers time to adjust their actions accordingly in anticipation of the removal of any or all of the restrictions. In answer to your specific question about termination of the restrictions in 1998, the document is very clear and Texas courts will hold that the restrictions cannot be terminated by Jess than all lot owners of Airpark Estates at twenty (20) years. The agreement to terminate at the twenty five (25) year point must be filed at or prior to the twenty (20) year point or the restrictions are automatically renewed for an additional period of ten (10) years beyond the twenty five (25) years. 4. Finally, can Mr. Goode legally re -plat the lots that he still owns and/or put a road across these lots in order to access a proposed subdivision on lands he still owns to the north, west, and south of Airpark Estates? 410: Mr. Goode currently has an offer to bu 1 understandthat y Y lands he owns to the north, west, and south of Airpark Estates and that Toll Brothers is the prospective buyer and developer with plans to create the Southlake Woods development on such lands. The proposed plans indicate a re -platting and the subdividing of the Airpark Estates lots Mr. Goode owns and putting an access street across one or more of such lots. Mr. Goode's attorney has cited McDonald v. Painter, 441 SW2d 179 (Tex. 1969) as authority permitting such actions. McDonald involved a factual situation in which a plat was filed by the owners, but no restrictive covenant document was ever filed, like in your situation when Mr. Goode filed the plat with the Dedication and Restrictions document. In McDonald, after the plat for subdivision was filed, the lots were sold off individually with the deeds from the original owners containing substantially uniform restrictions. After many years Mr. McDonald and his partner bought the last three (3). available lots from the original owners' family, but these three (3) deeds did not contain any restrictions. Years later when Mr. McDonald and his partner wanted to subdivide their three (3) lots into six (0) lots and to put duplexes on each of these lots, the neighbors -.with restrictions in their deeds and chains of title objected. The Supreme Court of Texas held that the restrictions in the deeds of the purchasers of other subdivision lots did not prohibit the re -subdividing and construction of duplexes on the lots that did not have restrictions. McDonald is not applicable to the factual circumstances of 7A "(Lz JAMES•L. COX, ATTORNEY TEL:817-268-3701 JU I 08,96 16: 14 No . 001 P.07 (Swe Page Six Mr. and Mrs. Charles Foster Mr. Mike Lease June 13, 1996 Airpark Estates and that case totally misses the point in your Case. In contrast, Cole v. Cummings, 691 SW2d 11 (Tex.App. 6th Dist. 1985) is the closest factual reported Texas case to the factual circumstances of Airpark Estates. In Cole seven (7) lots of 3 to 4 acres each were platted as the Club Oaks Subdivision in Hunt County. The creator of the Club Oaks Subdivision filed a declaration of restrictive covenants which applied to all seven (7) lots and then sold the lots. The restrictions provided in part that "All lots shall be used generally for residential purposes only...." and prohibited any resubdivision of the lots. The joint owners of one lot (lot number 6) of the subdivision also owned lands adjoining lot number 6 and they sought to build a road across lot number 6 to access their proposed subdivision of the adjoining lands. The owners of the other six (6) lots filed a suit to stop a (40., road being built through lot number 6 on the grounds that the proposed roadway violated the restrictive covenants of the subdivision because the road constituted a resubdivision of a lot and because the use of part of a lot for a roadway or street was not consistent with the "residential purposes only" restriction. The Sixth District Appellate Court held that the construction of a road across one of the Club Oaks Subdivision lots in order to access the adjoining property was a use other than residential purposes, that it was in fact a business activity, and that the road would substantially interfere with the other lot owners' use .sand enjoyment of their lots. The Court also said that use of a part of the lot for a road would also be a violation of the Covenant against resubdivision of lots in the Club Oaks Subdivision. The Court upheld the enjoining of putting a road across lot number 6. Paragraph II of the Airpark Estates Dedication and Restrictions states in pertinent part: "Only one (1) single family residence and incidental suitable out -buildings shall be constructed or permitted to remain on any residential tract. . ." and "No residential tract and no residence or out -building located thereon shall ever be used for other than a single family residence or purposes incidental .thereto." Paragraph II clearly and unambiguously restricts the use of Airpark Estates' lots to "residential purposes". In answer to the question posed above, it is my opinion that while the restrictive covenants remain effective, Mr. Goode or his 7,4-03 IPIIES 'L . COX, ATTORNEY TEL : 817-268-3701 Jul 08,96 16:14 No.001 P.08 Page Seven Mr. and Mrs. Charles Foster Mr. Mike Lease June 13, 1996 successors cannot place more than one (1) residence on an Airpark Estates lot, even if it were subdivided. Further, he cannot put a road or street across the Airpark Estates lots for access to the proposed Southlake Woods subdivision while the restrictive covenants are effective. However, he probably has the right to get the Airpark Estates lots re -platted in anticipation of putting in more than one (1) residence per Airpark Estates lot and laying of a street after the restrictions terminate. To protect your rights if Mr. Goode should proceed with his present action, I would suggest the Filing of a Declaratory Judgment action joined with a request for injunctive relief to get an injunction against either the building of a street and/or more than one (1) residence per Airpark Estates lot. As an alternative, in the event Mr. Goode or his successors violate the restrictions for Airpark Estates and do in fact place a street across a lot or build more than one (1) residence per lot, you could proceed against Mr. Goode or his successors and against the members of the Architectural Control Committee for your damages caused by such violations. I trust that the above helps you get a better grasp on what your rights are. If you have any further questions or comments, please contact me. Sincere JLC/nfc amen L. Cox 7A-�o-/ 31 Carol Lee Hamilton Attorney At Law 7210 Cross Timber Drive Southlake, Texas 76092 488-3996 June 14, 1996 Robert G. Goode 1080 South Peytonville Avenue Southlake, Texas 76092 Dear Mr. Goode: I have been the Lease's attorney for both business and personal matters for several years. You may recall that we met to discuss your plans to sell your property to residential developers. I have been asked by Mr. and Mrs. Lease to represent them regarding these potential development issues. This letter responds on the Lease's behalf to your letter of June 6th demanding compliance with specified Airpark Estates Deed Restrictions. The purpose of this letter is twofold: 1) First you are formally notified that, pursuant to my advice, Mr. and Mrs. Lease have taken steps to comply with the demands as follows: Demand "...remove the perimeter fence..." "... remove ... the out- building..." Response The fence will be razed. Nicole Lease's playhouse will be relocated to property 'not situated in Airpark Estates. The Leases will within ten (10) days have met your demands regarding the deed restrictions. In so complying, the Leases are showing good faith and are in a position to expect the same from all of property owners in Airpark Estates. 7R-05 1 2) Second, you are advised that the Lease's legal interpretation regarding the deed restrictions is at variance with your position. It is the Lease's position that: a) THE DURATION CLAUSE The deed restrictions are in effect until October 28, 2003. This date is twenty-five years from the date the deed restrictions were filed for record in the county courthouse. The additional language in the Duration clause providing for release prior to that time is not enforceable for lack of mutuality. The one landowner owning over fifty percent of the property in the subdivision, i.e., you, could conceivably release the covenants only against himself, but require all other parties to remain bound. That is unconscionable and not enforceable. Furthermore, the language is ambiguous and contorted. It would therefore have to be reconstructed by a court to be read in the light most favorable to the parties who did not draft the language. Thus, the grantees and their subsequent purchases, not the grantor, receive the benefit of the doubt in interpreting this garbled clause. b) THE "ARCHITECTURAL CONTROL COMMITTEE" This Committee was to be "initially" composed of you and yours, i.e., Norma Goode and Paul Goode. It seems that eighteen years have slipped by and no "permanent" Committee structure has been formed. The latter is implied in the use of the term "initially". Note that there is no language in these Deed Restrictions providing that so long as the common grantor retains title to over fifty percent of the property in Airpark Estates, the grantor(s) will have sole, binding and/or permanent control over Clause IV. "Approval of Building Plans." Thus, being a grantor is not expressly tantamount to a life term as Chair or member of this Committee. In reality, the Committee has long outlived its purpose, its usefulness and its enforceability as an Initial Committee. The participation of the other Committee members is unknown. My clients have operated under the understanding that because there is not an active homeowners' association nor have any efforts been made to organize a representative Architectural Control Committee as outlined above, that structures, fences and out -buildings which are per se not violative of the restrictions are permissible. The only step averted in the process is channeling such improvements through an architectural committee because, in actuality, there is not a permanent committee. [K u If the residents of Airpark Estates would like to get together to establish a representative and reasonable Committee to oversee the strict and literal enforcement of THEIR MUTUAL COVENANTS, then my clients have volunteered to be involved in this effort and to serve on the Committee if appointed through a representative process. Meanwhile, my clients are requesting that, if indeed, such a - Committee has continued to exist subsequent to their purchase of Lot 2 (May 1990), that the committee please release for review copies of documents demonstrating a viable, active committee dating from May 1990. Such documents would include any written responses to Airpark Estate landowners which serve to notify them of Committee decisions regarding requested improvements consistent with clause IV. "Approval of Building Plans". Such decisions should evidence the participation of the other members of the Committee and bear their signatures. Any minutes or notes from such meetings are likewise requested. Finally, it has been the impression of my clients that you have not made continuous, reasonable and genuine attempts since October 1978 to sell the remaining lots in Airpark Estates. Your failure to do so has created the unconscionability and the unreasonableness regarding enforcement of Clause III. c) USE OF LAND RESTRICTED TO ONE RESIDENCE PER TRACT The overall intent of the restrictions however, is clear and unambiguous. The very first clause beyond the definitions (which incidentally fail to define the "Architectural Control Committee") emphatically provides for the construction of but one residence per lot and "incidental suitable out -buildings". Clause II. "Use of Land" states that "ONLY (emphasis supplied) one (1) single family residence and incidental suitable out- buildings shall be constructed...". A road, for example, is obviously not such an incidental out -building. Your attorney informed me of your reliance upon a legal case, McDonald v. Painter, which he claims permits development of your land despite the deed restrictions. The Leases are aware that this case involves grantees wishing to develop property, and that courts will invariably interpret deed restrictions in the light most favorable to the grantee. Also in the McDonald case, the innocent grantees received a deed which was out of the chain of title, i.e., they were unaware of the deed restrictions which prohibited the development they sought. Most importantly, the deed restrictions in the McDonald case never included restrictions against building more than "one single family residence". Case law such as Nelson v. Jordan, 663 SW2d 82 (Tex. Civ.App. 1984), however, upholds restrictive covenants in favor of a grantee. In this case the grantees sought to enjoin a grantor 3 IA-1-1 from developing adjacent property for other than single family (46" residences. The restrictions contained language reserving to the grantor the right to change or cancel restrictions if there was a lack of development of adjacent property. Nonetheless, the covenants were fully enforced and the development was not allowed. 14 My clients have shared their interpretation of the restrictions in the hope that you will better understand their position. They have complied with your demands to remove the fence and the playhouse. Perhaps, at your convenience, you would like to continue the discussions regarding making compensation to my clients. Compensation should take into account their premature release of the deed restrictions and their loss of protection from viewing suburban sprawl from their kitchen windows that they earnestly believed the restrictions provide. The Leases understand that only a release as to all parties to the covenants is a release as to any one party because there exists a general scheme of development for Airpark Estates. I have discussed with the Leases mutually satisfying resolution to call at my home 488-3996 at your my pager is 493-3083. Sincerely, Carol Lee Hamilton, MPA Attorney at Law c: Michael and Patricia Lease the benefits of seeking a this matter. Please give me a pleasure. For your convenience, qA -413 4 The 4CE . 6k(e:Local BandDrasticAcdon,�agt 2� 0 'avensmin The Page 4 25 CENTS City Seeks Applicants For Library Committee The City of Southlake is cur- rently seeking applications to a newly formed library Committee who will work closely with corundt- ants to determine the feasibility of entering into an altmemco Oar a joint fibnuy with adjoining cities. Ibe eanmium will consistof severs member who will be appointed by ft City Council. The committee }vile research library systems and c DM* ilt(brmation, making a me. .-%emmandation to the City Connell. . Applications are available in she Optee or the city Socrcusy at 4-_47Ukk-,Southlake Blvd in 1 I Souddake at by calling the Sandra City Secretary at 481- _, Ivt turthrrintama; Lion.. Applications should be received in her office by July 12, 1996 `,Tb^,l:oatcilexpectstomake %. during the regular y - .tearing July 16. irks o Be t .fv.�• the Community. Carets in eej,rm Playing at'weddings; re oeptiops, a..I.—Unity events. For more information, akibe Southlske Parka and Recreation: Depantmeat st481-5581. ext 756. City_ To Offer Residents Free Composting C1assAnd Bin What's Good For The Goose... by Terry Fox Southlake residents Mike and Pasty Lease are hoping to diffuse y , a conflict with neighboring land- I owner R.H. Goode. They have removed their daughter's play- house and a wood -rail fence that, according to dced'restrictions, needed approval first Those same deed restrictions, asserts Mike Lase, should keep Goode from carrying through with plans to develop the surrounding acres into smaller residential lots and 'Place a main entrance directly adjacent to the Lease's 5-acre II Property. 1 Airyark Estates. in which the Lease's and 3 other families ro- side. is owned by Goode and was Platted in 1978 for 9 lots with sizes ranging from about 3 to 5 acres each: since 1978 Goode has sold 4 of those 9, including one to Lease. The landowners it.. the 325- acmdevelopment. located west oC t T� Pcytonville just south of Carroll Nicole Lease, al tfigh School, are bound by deed most 9, watches as her father and neighbors tow away her playhouse restrictions established years ago by R.H. Goode, who currently owners do so, as wet dev meet: J posed elep reported that to it He has since seat a OWN the largest number of lots Lease say- s�shortly after he after hey was first contacted about application to the dcod't inAirparkEstates. Goode. who refused, he wasmatructed'bY UsewarvertorhotineI.drestnc'ans" tccturaloominivaregard also owns Goode Airport which Goode to remove awpod font fence he was sear klit-A4afotmlng hum', f seer, and intends to file Ices adjacent to Airpark Estates, and playhouse Lea atcted about Qfviq y Tito rate application for the Inbound by those same restric- a mooth ago GgoQb b a membct�� lrsidettl dthatpte�vtot�l e�ww louse. rtionacaccording to an attorney of an+archuecwnl;gmmtttca do- givett vEsbal notice Qf Goode will appear loci Ao ttwhom Mike Lease has fined_ to the dcydtsestrie�ipn= r dyappval pf auylru odim plenningdfyeningComr ought legal advice Lase"wn agtt q letter t1u8.�tL�u{� y� R- '1 (PJt27 Jul 8 wild ,Y1 Goode who irsmkbog to'do he should remove the vlolattons .Lease,�vlpbgrghthuSicoabt ;tnentpttipQsaL Leasesta velop both his airport property.. within 10'days, or be faced:witlSa•";3n'1990y'la'aaiaCtedYotte and others supponb and Ahpark Estates into a cote- lawsuit According to I case'rat tla sunotatdirtg large-rartr3tulcsT, �{, ell be r�iere as wcJh he brood j03 acre t eatdcnuat d4verl teensy beCose. coil geasj of Aev 'to deer an ourlirc dd foP!�14ProPcaCdtRtheathsr verba8yorrattier�e y tend}pyt� '�pp-t<wxr 1.� ,. 9yJs in Aisparlc Estates . wsheypltomedLerim`s offs r r;.'!„i,�,,,;" o,�.' iw �p � Pt •4mcaons ate allow. Ours ;to pro- striclions if he signed a waiver ra vejop ,pPF to o �` wed wide cite develoQutent His leasing Goode from the ing'o(�h psi l�ytta twee. r Proposal would reduce'the rc- teslrictioaa Btleta. d oo tljQ, records Kaseoae "Itiag 5 lots in Aitpark Estates R.H. Goode and his attorney wowbd�A Jltst.. IttalQdyayrrtaty of souwlake.;a to approximately one -acre lots Mark Jimenez, when -contacted • rinse todtt',pcopatY J+', tk,� a land use andwnubtwasteamain entrance about the above statements, said , '.Leaundtwvodthomtohuesgn Jow ty. adjacent to Lease's property on only that Lease and theotherlend-.. 1une16:-,Father's Pay, witb"the `menu Futally.accordi Peyonville. owners have the right to oppose the help cfegtiieoetghbotsand friank 'offic! l '.disPmcsmgat Lease and another landowner development Goode is proposing. the playhouse_ he was but7ding for restrictions ace a civil have said no to the proposal, and made no other comment his daughter,was-placed on the. whichtheeity.hasnoju whilc2 have said they tvtldji n Thc otter resident of Airparkt ' property: pf a neighbor where his a waiver only if all the other la - Estates who is opposed to the pro. daughter Nicole will have socess City Council To Move YJ Meetin Ta The City of Southiake will offer P g l Ill e a2 ,t, ampestingclass Tues b Terr Fox des :;om 7-9:30pm at the i Y Approved the fast reading of a Cr enter is Bicentennial The City Council will meet one new Animal Control Ordinance. ParVINAwditake received a state hour earlier beginning with the - Approved the first reading of an ' grant to train -l0oo residents, oa ' July 16 meeting. according to City ordinance requiring registration for 'how to manage solid waste by Secretary Sandy Wand. persons who engaged in the busi. composting. amdaspart ofthepro- Currently, the council mects car ness of painting address numbers gram, each participant will be its work session at 6pm, and regu- on street curbs. - ....-.... ..:.... ..:.......I :., tar erccinn At 71`m. Th— —1— . Ar,,... 1,1,, r,..-, Baylor Campaign Supporte By Local And Area -Business .1 Local and area businesses have ., lions during April and M contributed $1.6 million toward a stated.; r ;` $2million campaign.*Lbeexpan- ` Major:community caa sion.of;!Baylor Medical Center include'.Celia Box, Payux Grapevine:, The Circle of Care Ford,'I'exas National Ban campaign will add 90,000 square Furniture GTE, Bates G fat to the center for services" Star Telegram Northeas focus on outpatient are. Davis -State Farm, Doil Campaign co-chair Donna Arp NationsBank, 1.A. Gree n w'" "I he c-Amenity is ern- rmnv. Trxas Rank. First I POST, BUCKLEY, SCHUH & ` JERNIGAN, INC. rmerly The Nelson Corporation September 23, 1996 Ms. Kam Gandy Zoning Administrator MY OF SOLTIMAKE 667 N. Carroll Avenue Southlake, Texas 76092 RE. SOUTHLAKE WOODS Dear Ms. Gandy: At the request of Toll Brothers, Inc., we are currently reviewing all options to improve the access for the proposed Southlake Woods community, At this time, no decision has been made to change the development plans. Please consider the plans presented at the last Council meeting current. Should any changes be necessary, we will notify you and consult with you regarding an appropriate review time by the Staff. If you have any additioxW questions, please do not hesitate to call. Sincerely, Wen-EveGAN, INC. Planning Manager I: J0J"6048W A\C�r,ANDY2,rlR RECD SEP 2 4 1996 5999 Summerside Drive, Suite Z02, Dallas. Texas 75Z5Z • Z 14/380-Z605 • Fax: 214/3WZ609 Enginee(r,g • l"tannins • Surveying 4 Landscape Architecture • Constnjction Manasement City of Southlake, Texas STAFF REPORT September 27, 1996 CASE NO: ZA 96-80 PROJECT: Preliminary Plat/Southlake Woods STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Preliminary Plat for Southlake Woods, being approximately 113 acres situated in the W.R. Eaves Survey, Abstract No. 500, being Tracts 2A4, 2A5, and a portion of Tract 2A2; in the T.J. Thompson Survey, Abstract No. 1502, Tracts 1D, 2, 2A, 2A2, 2A3 and 213; and Lots 3, 4, 5, 6, and 7, Airpark Estates, as recorded in Volume 388-123, Page 99, P.R.T.C.T. and being proposed as the Southlake Woods Addition with 128 residential lots and 1 commercial lot. LOCATION: North side of Continental Boulevard, west of Peytonville Avenue, east of Davis Boulevard, and south of F.M. 1709 (Southlake Blvd.) OWNER: Robert G. Goode, Pat and Eileen Sheehey, and Bernard P. Cosgrove APPLICANT: Toll Brothers, Inc. CURRENT ZONING: "C-3" General Commercial District, "AG" Agricultural District, and "SF - IA" Single Family Residential District REQUESTED ZONING: "SF-20A" Single Family Residential District LAND USE CATEGORY: Low Density Residential (may include residential and limited low intensity office and/or retail uses) Medium Density Residential (may include residential and low intensity office and/or retail uses) Mixed Use (may include residential, office buildings, hotels, and commercial and retail centers that serve local and regional needs) CORRIDOR RECOMMENDATION: Retail Commercial - F.M. 1709 (same as in CS, 0-1, C-1, C-2, C-3, and B-1 districts) Business/Service - F.M. 1938 (same as in B-2, C-1, C-2, C-3, B-1 and 0-1 districts) NO. NOTICES SENT: Forty-three (43) 7B-1 RESPONSES: Nine (9) written responses were received within the 200' notification area (as responded to original request; those marked with an asterick * are outside the 200' notification area for the amended request): • Bernard P. Cosgrove, 515 Davis Blvd, Southlake, TX 76092, in favor. • Rosetta Sheehey, 519 Davis Blvd., Southlake, TX 76092, in favor. • * J. Michael Usseglio, 910 Shadywood St., Southlake, TX 76092, opposed, "Too much development occurring on Peytonville, South Avenue - why can't these developments be spaced out over time, Mr. Mayor???" • Harry E. Gilliand, Jr., 624 Merrill Drive, Bedford, Texas 76022-7130, undecided about. "I wish to speak briefly at P&Z Meeting regarding this proposed layout. My daughter may speak with me, or in my behalf." • *Howard and Viola LaFevers, 1000 Shadywood Ct., Southlake, Texas 76092, opposed to. "I think Peytonville Road has all the traffic it can handle. I certainly don't want anymore. I do not want to view endless rooftops from my house." • * Donald and Martha Reukema, 908 Shadywood Ct., Southlake, Texas 76092, opposed to. "Increased traffic on Peytonville. Exit Subdivisions to Davis. We were told when we bought in Chimney Hill, Peytonville would remain two lanes. * Annette Benbow, 1202 Scenic Drive, Southlake, Texas 76092, opposed to. "I am opposed to the request because the City of Southlake has not provided adequate drainage for existing (low subdivisions. To increase the run-off by allowing agricultural and open areas to be developed without improvements in the drainage facilities endangers my home." Letter attached to zoning case. * Naomi R. Morrison, 701 S. Peytonville Ave., Southlake, TX 76092, opposed to. "Another development opening onto S. Peytonville creates too heavy traffic. Development should exit on Davis, Continental, or 1709." • James W. Giffin, 3002 Briar Lane, Southlake, TX, opposed. "Would limit my planned buildings to only 1 story." Letter attached to zoning case. A petition of opposition presented by Michael H. Lease, 370 South Peytonville, Southlake, TX 76092 was received with sixteen (16) signatures stating opposition to rezoning and platting. Of these signatures, fifteen (15) were within 200' and one (1) was outside 200' notification area (petition was for original request; for amended request, six (6) were within 200' and ten (10) were outside 200']. Fourteen (14) of the respondents also signed letters which offered four (4) reasons for their opposition. Briefly, these are: 1. The increased traffic that this proposed development will bring to South Peytonville is totally unacceptable. The traffic is already at a dangerous level in the morning and afternoon. 2. Lots 2 through 7 should remain as platted to maintain the rural setting. Any change in this original platting will upset the existing continuity. J 3. Public safety vehicles may not have adequate access to this large of a development without additional access roads. 4. Possible soils contamination due to years of questionable fuel, oil, and other hazardous chemical storage and handling procedures need to be examined. • Mike Usseglio, 910 Shadywood, Southlake, TX • Martha Reukema, 908 Shadywood, Southlake, TX • Gloria Tarvin, 906 Shadywood, Southlake, TX • Cathy Thacker, 902 Shadywood, Southlake, TX • Al & Suzanne Spinks, 1413 Northridge, Southlake, TX • Howard LaFevers, 1000 Shadywood, Southlake, TX • Connie Harrell, 920 S. Peytonville, Southlake, Tx • Sandy Plunkett, 825 S. Peytonville, Southlake, Tx • Casimia Muzyka, 823 S. Peytonville, Southlake, Tx • Jose Franco, 801 S. Peytonville, Southlake, Tx • Naomi Johnson, 701 S. Peytonville, Southlake, Tx • Larry & Jeannie Akard, 260 S. Peytonville, Southlake, Tx • Brandon and Kay Baker, 620 S. Peytonville, Southlake,Tx Letter attached to zoning case. • Charles M. Foster, 360 S. Peytonville, Southlake, Tx • Lori Livingston, 2020 W. Continental Blvd., Southlake, Tx • Michael and Sandy Faulkner, 1000 S Peytonville, Southlake, Tx Two (2) written responses were received outside the 200' notification area: • Bennet Liu, 1111 W. Airport Freeway, Ste. 201, Irving, TX 75062, in favor. • June and Wayne Haney, 400 Brock; Southlake, TX, opposed. "Redesign to place larger lots next to airport estate lots, emergency interior exit." Thirty-nine (39) identical letters of support were received outside the 200' notification area. Reasons cited include: "...the approval of this proposed development will result in the Airport being taken our to service. Taking this airport out of service would alleviate concerns of small airplanes currently taking off and landing over our homes and the grounds of the Carroll Elementary; School." See attached letter. P & Z ACTION: July 18, 1996; Approved (7-0) to table and continue public hearing due to Case Limitation Resolution No. 95-24 until August 8, 1996 August 8, 1996; Approved (7-0) Applicant's request to table until September 5, 1996. September 5, 1996; Approved (7-0) subject to Staff Review Summary No. 3 dated August 30, 1996 amended as follows: Deleting item #6A (granting applicant's request for 30' building setback lines along side street of corner lots); Modifying item #6C to require a 35' building setback line along Greenlea Cove and a 30' building setback line along Deer Hollow Blvd. 7B-3 COUNCIL ACTION: September 17, 1996; Approved (6-0) to table until the October 1, 1996 (W City Council Meeting at the applicant's request. STAFF COMMENTS: The applicant has met all the items in the Staff Review Summary No. 2 dated August 2, 1996 and Staff Review Summary No. 3 dated August 30, 1996 with the exception of those items addressed in the attached Staff Review Summary No. 4 dated September 13, 1996. L:\WP-FILES\MEMO\96CASES\9',-080PP. WPD um" POST, Pm,j, BUCKLEY, 6iSCHIIH & JERNIGAN, INC. -trly The Nelson Corporation September 9, 1996 Mr. Dennis Killough, Planner Community Development Department CITY OF SOUTHLAKE 667 N. Carroll Avenue Southlake, Texas 76092 RE: SOUTHL,4KE WOODS Dear Dennis: We have received your third set of comments regarding the above project dated August 30, 1996. In general, we are in agreement with the comments and corrections have been made to the Zoning / Concept Plan and Preliminary Plat. Seventeen (17) sets of corrections have been included for the City's use. For your convenience, the review comments and responses are summarized as follows: 1. Concept Plan Item 1 The lot lines have been adjusted to respect the SF -IA and SF-20A zoning lines respectively. A separate legal description has been prepared and submitted for only the SF-20A request (see attached). The new acreage for the SF-20A request is 73.99 Acres, exclusive of the existing Airpark Estates, which remains SF -IA. Item 2A The common area described in the comments has been corrected with lot and block numbers adjusted accordingly. Item 2B,C The land use schedule has been corrected accordingly. Item 3A This item has been deleted from the comments by the P&Z action of 9/5/96. The P&Z approved 30' side building lines on specific corner lots. However, at this time we withdraw the variances requested on SF-1 A lots. All SF-1 A lots will comply with setbacks required by the Zoning Ordinance. No variances or special exceptions are requested on SF-lA lots. Lots 70, Block 1 and 40, Block 2 have been corrected accordingly, with 40' building lines. Item 3B The building line has been corrected. In addition, this comment reflects an issue resolved in a previous review. Another common area has been added, and the amenity center lot no longer directly fronts on Continental Blvd. Therefore, the front building line is along Deer Hollow Blvd. Deleting the common area was an oversight, and replacing it resolves this problem. 5999 Summerside Drive, Suite 202, Dallas, Texas 75252 - 214/380-2605 - Fax: 214/380-2609 7B 5 Engineering - Planning - Surveying - Landscape Architecture - Construction Management Mr. Dennis Killough (41W September 9, 1996 Page 2 of 2 24 Item 3C,D Corrected on the plan. 2. Preliminary Plat Items 1-5 Corrected on the plat. Item 6A This item was deleted by the P&Z action of 9/5/96. In addition, we withdraw the request for variances requested on the SF -IA lots. All SF -IA lots will meet the Ordinance requirements for building lines. No special exceptions or variances are requested for SF -IA lots. Lots 70, Block 1 and 40, Block 2 have been revised to reflect a required 40' building line. Item 6B Same comments as for concept plan. Common area added, amenity center lot has no direct frontage on Continental Blvd. Frontage is on Deer Hollow Blvd. Item 6C-D Corrected on the plat. Items 7-8 Corrected on the plat. If you have any questions or need any additional information, please feel free to call. Thank you in advance for your time and assistance. Sincerely; POST, BUCKLEY. SCHUH Richard F. Ritz, Jr.\ Landscape Architect J:VOBW604800\A\CME VIE W3.RR INC. 7B-6 '0 /�ETr'S t i3avw�AS %��G!'iPT%eJ F%e Ste --Zoe ARE.*. J:1J0B\9604800\ LG \73.984 (W LEGAL DESCRIPTION 73.99 ACRES BEING a tract of land out of the W. EAVES SURVEY, Abstract No. 500, and the T.S. THOMPSON SURVEY, Abstract No. 1502, in the City of Southlake, Tarrant County, Texas and being part of a 43.5 acre tract of land described in deed to Robert Goode, recorded in Volume 2825, Page 524 of the Deed Records of Tarrant County, Texas, part of a 40 acre tract of land described in deed to Robert Goode, recorded in Volume 5006, Page 843 of the Deed Records of Tarrant County, Texas, part of a 20.77 acre tract of land described in deed to Hobert Goode, recorded in Volume 4359, Page 195 of the Deed Records of Tarrant County, Texas, part of a 13.62 acre tract of land described in deed to Bernard Cosgrove, recorded in Volume 6150, Page 878 of the Deed Records of Tarrant County, Texas and part of a 13.62 acre tract of land described in deed to Pat Sheehey, recorded in Volume 6150, Page 882 of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point for the southwest corner of Tract 2 of AIRPARK ESTATES, an addition to the City of Southlake, Texas according to the plat thereof recorded in Volume 388-123, Page 99 of the Plat Records of Tarrant County, Texas; THENCE with the north line of said AIRPARK ESTATES, the following courses and distances to wit: South 00'55'20" East, a distance of 449.43 feet to a point for corner; South 08'23'10" West, a distance of 156.51 feet to a point for corner; South 05'48'34" West, a distance of 481.35 feet to a point for corner; South 05048'21 " West, a distance of 1183.42 feet to a point for corner in the centerline of Continental Boulevard; THENCE along the centerline of said Continental Boulevard, South 89'41'56" West, a distance of 470.72 feet to a point corner; CE leaving said centerline, and with the east line of a tract of land described in. deed to H.E. Gilliland, recorded in Volume 7560, Page 1015 of the Deed Records of Tarrant County, Texas, North 00' 14'57" East, a distance of 427.86 feet to a point for the southeast corner of NORTH DAVIS BUSINESS PARK, an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 253 of the Plat Records of Tarrant County, Texas; THENCE with the east line of said addition and the east line of a tract of land described in deed to W.E. Couch, recorded in Volume 8713, Page 141 and Volume 4680, Page 389 of the Deed Records of Tarrant County, Texas, the following courses and distances to wit; North 00040'58" East, a distance of 230.04 feet to a point for corner; North 00027'05" West, a distance of 1315.27 feet to a point for the northeast corner of said Couch tract; THENCE with the north line of said Couch tract, South 89*05'15" West, a distance of 771.43 feet to a point for the southeast corner of a tract of land described in deed to Bernard Cosgrove, recorded in Volume 3865, Page 333 of the Deed Records of Tarrant County, Texas; THENCE with the east line of said Cosgrove tract, part of the way, North 01' 14'41 " West, a distance of 477.92 feet to a point for the northeast corner of said Cosgrove tract; THENCE with the north line of said Cosgrove tract, South 89016'56" West, a distance of 79.84 feet to a point for corner; THENCE with the east line of a tract of land described in deed to Michael Cosgrove, recorded in Volume 7011, Page 700 of the Deed Records of Tarrant County, Texas, part of the way, North 00*28'12" West, a distance of 541.14 feet to'a point for the northeast corner of said Michael Cosgrove tract; September 6, 1996 4:00 7B-7 THENCE with the north line of said Michael Cosgrove tract part of the way, South 89'26'51 " West, a distance of 332.60 to Qa point in the east right-of-way line of F.M. No. 1938 (Davis Boulevard, a variable width ROW); NCE with the said east right-of-way line, the following courses and distances to wit: North 00°50'37" West, a distance of 16.81 feet to a point for corner; North 06`33'37" West, a distance of 33.33 feet to a point in the south line of a tract of land described in deed to Otis Collin, recorded in Volume 8267, Page 1572 of the Deed Records of Tarrant County, Texas; THENCE leaving the east right-of-way line of said F.M. No. 1938 and with the south and east lines of said Collins tract, the following courses to wit: North 89'27'51 " East, a distance of 500.86 feet to a point for corner; North 00'22'49" East, a distance of 302.99 feet to a point in the south line of SOUTHLAKE CROSSING, PHASE 1, an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 251 of the Plat Records of Tarrant County, Texas; THENCE with the south lines of said addition and the southerly and easterly lines of SOUTHLAKE CROSSING, PHASE 2, an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 2425 of the Plat Records of Tarrant County, Texas, the following courses and distances to wit: North 89024'55" East, a distance of 121.53 feet to a point for corner; North 50055148" East, a distance of 261.36 feet to a point for corner; North 89038'19" East, a distance of 317.29 feet to a point for corner; North 04008'56" West, a distance of 243.94 feet to a point for corner; THENCE leaving the east line of said SOUTHLAKE CROSSING, PHASE 2, North 51 °28'01 " East, a distance of 539.96 feet to a point for the northwest corner of STONEBURY, an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 2917 of the Plat Records of Tarrant County, Texas; '-NCE with the west line of said addition and the west line of BAKER ESTATES, an addition to the City of Southlake, Laccording to the plat thereof recorded in Cabinet A, Slide 1575 of the Plat Records of Tarrant County, Texas, the oving courses and distances to wit: South 00'12'57" East, a distance of 729.82 feet to a point for corner; South 00`09'57" East, a distance of 276.03 feet to a point for corner; South 00° 13'50" East, a distance of 436.87 feet to a point for the southwest corner of said BAKER ESTATES; THENCE with the south line of said addition, South 89°51'24" East, a distance of 307.59 feet to a point for the northwest corner of said AIRPARK ESTATES; THENCE with the west line of said AIRPARK ESTATES, South 00`45'29" East, a distance of 374.47 feet to the POINT OF BEGINNING and containing 73.99 acres of land. September 6, 1996 4:00 im SOUTHWOOD LAKES LOT SUMMARY Lq BLOCK LOT AREA SQ Ff 1 1 36697 1 2 20027 1 3 - 20059 1 4 20241 1 5 21319 1 6 22049 1 7 22322 1 8 22140 1 9 21502 1 10 20404 1 11 20007 1 12 20223 1 13 20125 1 14 20368 1 15 25261 - 16 - - - - 29850 1 17 26927 1 18 23343 1 19 28629 1 20 23898 1 21 20001 1 22 20007 1 23 20057 1 24 28308 1 25 27003 1 26 20038 1 27 20067 1 28 27323 1 29 23730 1 30 20090 1 31 20126 _ 1 32 25458 1 33 23213 1 34 20078 1 35 25896 1 36 20371 1 37 24678 1 38 30956 1 39 26377 1 40 29369 1 41 23804 1 42 29516 1 43 20012 1 44 20020 . 1 45 20306 1 46 21181 1 47 21514 1 48 22129 1 49 35504 1 50 33810 1 51 20528 1 52 20010 1 53 20035 1 54 20006 1 55 43576 1 56 44576 1 57 44452 1 58 34571 1 59 43786 1 60 43612 1 61 43642 1 62 20016 1--. _ 63 -- _.--22504 1 64 21163 1 65 20027 1 66 32921 1 67 43571 1 68 47051 1 69 53495 1 70 51513 1 71 1242 TOTAL 1878630 :S BLOCK LOT AREA (SQ FT) - 2 1 12306 2 2 42858 2 3 33599 4 37180 5 48381 2 6 46757 2 7 43932 2 8 43574 2 9 57970 2 10 43560 2 11 43562 2 12 43584 2 13 43577 2 14 43569 2 15 35523 2 16 43566 2 17 43568 2 18 21946 2 19 43616 2 20 34917 2 21 24046 2 22 22600 2 23 20189 2 24 30013 25 31058 26 21943 2 27 27158 2 28 30607 2 29 32317 2 30 44082 2 31 44080 2 32 44793 - 2 33 46651 2 34 49659 2 35 64906 2 36 4982 2 37 43624 2 38 43771 2 39 43613 2 40 53544 L 7B-10 BLOCK LOT AREA 12LFT 3 1 22328 3 2 21448 3 3 21497 3 4 20158 3 5 22354 3 6 22241 3 7 20268 3 8 21956 3 9 20070 3 10 21789 TOTAL 214109 BLOCK LOT AREA SQ FT 4 1 21594 4 2 20058 4 3 20291 4 4 20521- 4 5 20030 4 6 23115 4 7 20731 4 8 20321 4 9 20421 4 10 20043 4 11 21760 4 12 20022 TOTAL 248907 T ENVIRONMENTAL MANAGEMENT SERVICES INC August 8, 1996 City Council City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 COPY OFFICE OF CITY Subject: Property and Improvements (if any) Southlake Woods Property Platting and Zoning Application Nos. ZA96-80 and ZA96-81 City of Southlake, Tarrant County, Texas (the Property) Dear Council Members: The undersigned is a duly licensed engineer and/or environmental consultant. The undersigned certifies to you that the undersigned has completed an environmental site assessment (ESA) of the property, and that: A. The history of the Southlake Woods property, since May 1, 1946, does not reveal the name of an owner, tenant or other user indicating a possible current or former use involving, or storage of, hazardous or toxic materials, substances or wastes (which terms include for purposes of this letter, asbestos, polychlorinated biphenyls and petroleum products), except the portion of the Goode Airport property included in the Southlake Woods property where the take -off, landing and housing of small, privately -owned, propeller -driven aircraft in various states of repair was or is being conducted, which involved or involves various petroleum products (e.g., aviation fuel, engine lubricants, etc.); B. On -site examination and observations, and investigations of any available hydrological, photographic and other technical data, by the undersigned did not reveal grounds to believe that the Southlake Woods property or the surrounding areas is being or had been used for, or affected by, such activities, except for small areas of petroleum product -stained surface soils in certain of the airplane hangars at the Goode Airport; C. The Southlake Woods property is not included on any federal or applicable state Superfund List; RECD AUG 2 0 i V V .,/ 1810A Byberry Road, Bensalem, Pennsylvania 19020 •215-638-4338 • (Fax) 215-638-7597 7B-11 City Council City of Southlake August 8, 1996 Page 2 D. Tests taken at, on and from the'Southlake Woods property, and examinations of the Southlake Woods property, including those areas identified in Paragraph B above, did not reveal evidence that there now exists on, in, under or affecting the Southlake Woods property hazardous or toxic materials, substances or wastes except for small areas of petroleum -product stained surface soils in certain of the airplane hangars at the Goode Airport; and E. If the procedures described in steps A through D above revealed any actual or potential environmental irregularities or non-compliance with environmental laws, the cost of correcting such irregularity or non-compliance is estimated to be $5,000 to $10,000. In making this certification the undersigned has within 150 days of the date of this letter: 1. Obtained and relied upon (a) a title abstract prepared by a duly licensed title insurance or abstract company, or duly licensed attorney, of the names of the current and prior owners, tenants and other users of the Southlake Woods property, commencing May 1, 1946 through a date within 90 days of this letter, and (b) local building, health, fire and environmental department(s) records; 2. Made a physical on -site examination of the Southlake Woods property, and a visual observation of the surrounding areas; 3. If paragraph D above indicates that tests were taken at the Southlake Woods property, made such tests of samples from the Southlake Woods property; in such locations and quantity, as well as other tests and investigations of the Southlake Woods property (including of the improvements thereon, if any) as, in our professional judgement, are deemed necessary and appropriate utilizing testing laboratories which, in our professional judgement, are capable of performing such tests and analyzing the same; 4. Examined additional available technical data, such as registered underground storage tank lists, existing aerial photography, ground water maps, which provided further pertinent information; and THS ta te ENVIRONMENTAL MANAGEMENT SERVICES INC 7B-12 City Council City of Southlake August 8, 1996 Page 3 5. Examined the Federal List of Superfund Sites as published by The Government Printing Office and the state list of Superfund Sites, if published, for Texas. The undersigned has been retained by Toll Bros., Inc. or one of its affiliates in order to perform an ESA of the Southlake Woods property. In connection therewith, we acknowledge that: 1. The City of Southlake is relying upon the ESA and this certification in making a platting and zoning application now or hereafter associated with the Southlake Woods property. 2. The ESA was completed in substantive compliance with the technical requirements of ASTM Standard Practice E1527-93 for ESAs. Please contact me if you have any questions or require additional information. Very truly yours Terence A. O'Reilly, PG, REM Senior Project Manager cc:. Kenneth J. Gary, Esq.; Toll Bros., Inc. Barry A. Depew; Toll Bros., Inc. Theodore H. Sobieski, PG, CHMM; TtiState F:VNPD0C\D26W 881S DUTHLAKLEf \\\\0V\\- THS ta te ENVIRONMENTAL MANAGEMENT SERVICES INC 7B-13 AIRPLANES OVERHEAD OR LUXURYHOMES? Residents of Meyers Meadows Dear Residents: As you may or may not be aware that Toll Bros. Inc. is proposing a low density single family development of luxury homes on what is currently the Goode Airport across the street from your community. As there is some confusing and possibly misleading information being circulated about our proposed development, we would like to take this opportunity to explain our plans. Toll Brothers is the 12th largest and the premier luxury home builder in the nation. We specialize in larger low volume homes built to the specific needs of our home buyers. Currently, Toll Brothers is building in McKinney, Texas in our Mallard Lakes and Eldorado communities on large lots from $250,000.00 to $700,000.00 plus. We would love you to visit our model homes at Mallard Lakes and Eldorado to receive more information about our company, community and homes. Directions to our communities may be obtained by calling 562-TOLL. We currently have under contract portions of the properties owned by Mr. Goode and adjoining land of the Sheehey and Cosgove families totaling 105.26 acres. We are proposing 138 wide 1/2 acre plus lots with a density of only 1.3 units to the acre. This proposed density is lower than what has been developed in all the newer sub- divisions in the immediate area except Country Walk, to which our density is approximately equal. Most important to you, the residents of Meyers Meadows, the approval of this proposed development will result in the Airport being taken out of service. Taking this Airport out of service would alleviate concerns of small airplanes currently taking off and landing over your homes and the grounds of the Carroll Elementary School. Unfortunately, some local residents are opposing the plan for personal reasons which may not be in the interest of the general community who may be negatively impacted for both safety and real estate values by the operation of this Airport. If you would rather have luxury homes than an Airport, please support our application for this beautiful new community. You may do so by writing to the City Council and P & Z committee in Southlake at 667 North Carroll Ave., Southlake, Tx 76092, signing the attached form and faxing it to me at 214-542-0245, or attend the P & Z meeting on August 8, 1996 to discuss this application. ffyou would like any further information prior to the meeting, please do not hesitate to contact me at 214-562- 8655. Thank you for your time. Sincerely, Elvio P. Bruni Regional Vice President. Texas Division Toll Bros., Inc. A 7B-14 RED AUG 0 71996 10 LETTER OF SUPPORT TO: Planning and Zoning Commission City Council City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 RE: Platting and Zoning Applications for Southlake Woods subdivision ZA 96-80 ZA 96-81 The undersigned residents) of the City of Southlake supports the proposed Southlake Woods development on the Goode Airport site and the above platting and zoning applications and urges the Planning and Zoning Commission and the City Council to approve the development And applications. Property Owner's Name (printed): Signature: Address: Date: A 7B-15 1A1A3 _ j i ` \JO �— KELLER CITY LIAMIT2t10 , 39 -9A2 9A1A 3E 3Ei '• r'1 2 9 D 1) 3 j v` i "%Cr A-510 19 : 2c I D 2AI •� i Di i i IEI IA V. 901 30 TRACT MAP i Qr 3 BA 90 R t Ac 9.51 ._._i._T 6 Ac ' 9.64 k 35 k '- e Is - -' 2C9 iC3 is , , IA2 •., _ 1 1 y •i r, j `ul to , act cp'RRo0- - — 2 m , 20 Ac yX 2A , j1GO01, I — i—X �.frl� ►' 2A3 2 IQp 5c; �'ON m App 2E U Ac 2F _• 2r a� Y 2n 3C �,A. :• r . ram.:._ 2CtS 2Dt i 6 Ac 1 iA1 1f3 2At q� 3A, 3A i 2At •- 6�1A1E� A � __ I 10 •'' __J LE c I� 3 It T HOU y ISO 9.AI SA2 58 i— �- ! I 1 I6 . '�! ! I A N- tA7 to i i _ i j i :• 2 i I i i i l i 6AI 68 GM 6 6E , it k SAC A 6C 6QI I 6AlA It k 1. 6C3 k rs 6E1 1!, 3.6k - oF1 - wig 6fi l. ..- 6.1 Ac1 6F T'TIs of tens 1BIA 7 i3 IJ i 1 2 Ac.^iH '. Ist 1A2 1A3 1M i ! 1 `• IA tA9 ER Cl TY LIMIT _ �1�,.{� PWj,RK- CARROLL •->•— X 11.21 Ac%�F}+ ELN%;Ri ; .�.vi_._' _ ! 1 3A• s se i SCHOOL c ` �1�� A 591A ,gyp 'Y 25 Ac i I. ---- GPA�K f' 44 &C 1L 102 - - swt�r 7B-16 Ac --- 03� IL L 15a 15a 15 OWNER ZONING 1. H. Gilliand "AG" 2. Globestar, Inc. "1-1" 3. Mercantile Bank "I-1" 4. S. Jordan 'I-1" 5. W. Couch "AG' 6. R. Couch 'AG" 7. L Couch "AG" 8. B. Cosgrove "AG" 9. F. Sheehey 'AG" 10. M Cosgrove "AG" 11.0. Collins "AG' 12. Venus Partner "C-3' 13. Albertson's Inc. "C-3' 14.SouthlakeJV "C-3" I5. DKV Sutton Partner "C-2" 15L Joyce/Myers Ent. "PUD" 15b. B. Lieu "AG" 16. W.B. Kidd Family L.P."C-2" 17. Chateau Development "SF-20A" 18. C. Baker 'SF -IA, RE- 19. C. Foster "SF -IA" 20. M. Lease "SF -IA" 21. N. Morrison "SF -IA' 22. J. Franco "SF -IA" 23. C. Muzyka "SF-20A" 24. V. Kankey "SF-20A" 25. S. Spinks "SF-20A" 26. D. Thacker "SF-20A" 27. B. Harrell "SF -IA" 28. M.Faulkner "SF -IA" 29. T. Tarvin "SF-20A" 30. D. Reukema "SF-20A" 31. J. Usseglio "SF-20A" 32. H. Lafevers "SF-20A" 33. P. Boitman "SF-20A" 34. B. Curb U. 35. D. Bcnbow "SF-20B" 36. Carroll ISD 'CS" 37. City of Southlake "SF-20A" 39. Country Walk Ltd. "SF-20A" F in Representative #14 Karen Cienki Spin Representative #15 Wayne and June Haney i ADJACENT OWNERS AND ZONING 7B-17 City of Southlake, Texas No: T,A 26M Review No: F&M Date of Review: 9/13/96 APPLICANT: ISURVEYOR: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/09/96 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 DMOU K.H.LOUGH AT (817) 481-5581, EXT. 787. 1. Correct the discrepancy between the acreage of the site shown in the metes and bounds description, the title and the sum of the acreage in Land Use Schedule. 2. Show and dimension the existing traveled roadway widths of all. adjacent R.O.W.'s Provide easements. for water, sewer and drainage in accordance with plans as approved by the City Public Works Dept. . 4. . The following changes are needed with regard to building setback -lines: A. A 35' building line is required along both street frontages on corner lots designated for SF- 20A. The applicant has requested a reduction to a. 30'building line along the side street of the following corner lots: Block 1, Lots 17, 18, 33, 412 43, 58, 63, and 64 Block 2, Lots 2, 4, 15,18, 21, 22, and 27 Block 3, Lots 1, 5, 6, and 10 Block 4, Lots 1, 6, 7 and 12 ' (P & ZAction 915196, granted applicants request for 30' building setback line along the side street of the specified corner lots) B. Provide a 35' building setback line along the street frontage and "eye brow" of Deer Hollow Boulevard for Lot 4, Block 2. 5. Show and label the approximate location of any floodway boundaries. 7B-18 City of Southlake, Texas 6. Number all lots (including Common Areas) in sequential order within the appropriate block. Common Area No. 3 should be divided at the zoning line between the proposed SF-20A zoning and the existing SF -IA zoning. Combine the east portion of the Common Area (located within the SF -IA tract) with Common Area No. 2 (Lot 5; Block 2). 8. The cul-de-sac length of Crreenlea Cove Ct., appears to be approximately 115'. The minimum centerline length required 150' measured from its intersection with the centerline of Deer Hollow Blvd. 9. The following changes are needed with regard to the land use summary. A. Phase III should reflect 1 Common Area. Correct total lots, areas and densities resulting from this change. B. Verify the area shown for each phase. The sum of the areas do not match the gross area of the site. Correct other data affected by the corrections. Although there are a few lot lines which are not perpendicular or radial, they appear to meet the intent of this requirement. * Lot areas and exact lot dimensions are not required on the preliminary plat and although it appears that the lot dimensions and areas required by the Zoning Ordinance No. 480 and the Subdivision Ordinance No..483, as amended, have been met, the applicant- should be aware that all lots must be a minimum of I W wide at the front building line, a minimum of 125' deep, and must have a minimum lot area of20,000.00 square feet for lots zoned SF-20A and 43,560.00 square feet for lots zoned SF - IA. All lots adjoining properties zoned with or having a low density residential land use designation must be 125' in with at the rear property lines. All lots adjoining properties platted and having a SF-1 or RE zoning must have a minimum lot area of 30,000 square feet. * Two intervisible boundary corners of the site. must be geo-referenced by state plane coordinates in accordance with section 8.03(B) of the Subdivision Ordinance No: 483 upon submittal of each final plat, and, prior to acceptance of the subdivision by the City, a digital computer file of the subdivision must be provided in accordance with Section 8.04 of Ordinance No. 483. * -The Developer's Agreement for this addition should consider perimeter street and drainage, park dedication requirements, off -site sewer extegsions, and off -site grade -to -drain permission. * The applicant should be aware that new submittals for the next scheduled- meeting must be received at the City by 5:00 PM on 9/23/96. 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. 7B-19 City of Southlake, Texas P & Z ACTION: July 18,1996; Approved (7-0) to table and continue public hearing due to Case Limitation Resolution No. 95-24 until August 8, 1996 August 8,1996; Approved (7-0) Applicant's request to table until September 5, 1996. September 5, 1996; Approved (7-0) subject to Staff Review Summary No. 3 dated August 30, 1996 amended as follows: Deleting item'#6A (granting applicant's request for 30' building setback lines alongside street of corner lots); Modifying item #6C to require a 35' building setback line along Greenlea Cove and a 30' building setback line along Deer Hollow Blvd. * Denotes Informational Comment cc: Toll Bros., Inc. Post, Buckley, Schuh & Jernigan, Inc. Robert G. Goode, 1953 Southlake Blvd., Southlake, Tx. 76092 Pat or Eileen Sheehey, Route 4 Box 37A, Sherman, Tx. 75090 Bernard P. Cosgrove, 515 Davis Blvd., Southlake, Tx. 76092 7AV1J09- I P M17 MD:,WIWlF-111A A9 i _,fM ju. V W 7r GG=^ Fp�Fp 7V i S NN }z6 `w I 4 � m JrI� p � 11J R 2� I� H �I I If svx3.L 'sv-riva aHi •mvvim'. '43nxans •asoa �jfr1 2 SVX3L 'srFlrQ • omI 'myoxmu:ar v HnHos •xzZxons •xsocl n:imio€mno€�mooiii io�sm oEnmo�iom �mnu�mnoi�m jif 4I fig= !tV - �O fig �N W H 2 = s NOW �02 io sv=L 'svTma r 'omi 'myoui2i ar -V HnHos -16-X3) A f . 14 0 L. :1 �i 3 I a 1 �ra F sg jt I is i a SVXR.L 'ov"nya . 'oNII 'NVOINHar v HAHas 'A3'IxonS lisod ••"_• I 715r-zq City of Southlake, Texas STAFF REPORT September 27, 1996 CASE NO: ZA 96-109 PROJECT: Ordinance No. 480-217, Second Reading Rezoning and Concept Plan/Mesco Addition STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planning Technician 481-5581, ext. 787 REQUESTED ACTION: Rezoning and Concept Plan for property described as being approximately 3.788 acres situated in the Thomas Mahan Survey, Abstract No. 1049, being a portion of Tracts 3A1, 3A2, and 6A. LOCATION: OWNER: APPLICANT: CURRENT ZONING: REQUESTED ZONING: AMENDED ZONING REQUEST: This plan proposes four (4) individual retail "pad" sites as shown on the Preliminary Plat (ZA 96-61). Northwest comer of State Highway No.114 and North Kimball Avenue Anderson Industries, Inc. Strode Property Co. "I-1 PUD" Light Industrial Planned Unit Development District "C-2" Local Retail Commercial District "S-P-2" with all permitted "C-2" uses per the Zoning Ordinance 480, Section 21.2, as amended, on proposed Lots 5, 6, and 7, Block 1, and limited "C-2" and "C-1" uses per the Zoning Ordinance 480, Sections 21.2 and 20.2, respectively, as amended, on proposed Lot 4, Block 1, deleting the following permitted uses: Deleted "C-2" District Permitted Uses Section 21.2 (10.) Christmas tree sales beginning one week before Thanksgiving and extending through December 31 st of each calendar year (outdoor display permitted). (12.) Cleaning, dying and pressing works; laundry and Laundromats, providing that the floor area does not exceed three thousand (3,000) square feet for separate or combined uses. (16.) Day nurseries (22.) Filling stations or service stations, operating with or without a convenience store. Such use may offer gasoline, oil, greasing and accessories, and may contain a small car wash facility, but may not include fender or body repairs, 7C-1 mechanical services, rear -end, transmission or engine overhaul. (As amended by Ordinance No. 480-C.) (25.) Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. (26.) Grocery stores and meat markets without size limitations. (33.) Restaurants, tea rooms, cafeterias, fast food and "take-out" food restaurants. " (37.) Tires, batteries and automobile accessory sales, provided that such activities occur entirely within the confines of the business structure itself. (38.) Variety stores, provided that the floor area of such facility does not exceed ten thousand (10,000) square feet. Deleted Cumulative "C-1" Permitted Uses Section 20.2 (4.) Cleaners, laundries and/or Laundromats, provided that the floor area of the business does not exceed 2,500 square feet. (5.) Gasoline filling stations that operate in conjunction with small convenience stores. Such use may contain a small car wash facility, but may not include fender or body repairs, mechanical services, rear -end, transmission or engine overhaul. (6.) Grocery stores and/or meat markets provided that the floor area of the business activity shall not exceed 3,000 square feet. (8.) Restaurants, tea rooms and/or "take-out" food establishments, provided that the floor area of such operation does not exceed 2,000 square feet. Food service establishments operating in this district are envisioned to be relatively small operations designed at providing neighborhood support, such as delicatessens and limited menu item establishments that generate low to moderate traffic from outside the neighborhood area. LAND USE CATEGORY: Mixed Use (may include office buildings, hotels, and commercial and retail centers that serve local and regional needs) CORRIDOR RECOMMENDATION: Retail Commercial (same as in CS, 0-1, C-1, C-2, C-3, and B-1 districts) NO. NOTICES SENT: Four (4) RESPONSES: None 7C-2 P & Z ACTION: September 5, 1996; Approved (4-3) the amended request, subject to Staff Review Summary No. 1 dated August 30,1996, modifying item #3 allowing offset of the required bufferyards between proposed Lots 4 and 5 into north portion of proposed Lot 5 and allowing reconfiguration of the required bufferyards between proposed Lots 4 and 6 into the most northerly corner of proposed Lot 6; deleting item #4A (required driveway spacing along S.H. 114) and #413(required driveway throat depth); deferring item #4C (traffic impact analysis) until site plan submittal; providing a tree survey with site plan submittal; changing the bufferyard along Hwy. No. 114 from a 20' Type J to a 20' Type K bufferyard; changing the bufferyard along Kimball Ave. from a 10' Type E to a 10' Type C bufferyard; doubling the plantings in all interior 5' type A bufferyards; and providing provide Type A bufferyard plantings in the open space areas along the drainage channel to the West. COUNCIL ACTION: September 17,1996; Approved (6-0) First Reading, Ordinance No. 480-217, the amended request for "SP-2" subject to Concept Plan Review Summary No. 2 dated September 13,1996 modifying Item #2 to reflect P & Z Commission's recommendations on interior bufferyards and deleting Item #3 (driveway spacing, throat depths, and Traffic Impact Analysis). STAFF COMMENTS: The applicant has met all the items in Staff Review S No. PP ��'y 1 dated August 30, 1996 with the exception of those items in the attached Staff Review Summary No. 2 dated September 13, 1996. L:\WP-FILES\MEMO\96CASES\96-109ZC.WPD 7C-3 i tt i ice; i 11 1 (aw, Preston Oaks Shopping Center 10720 Preston Road, Suite 1000 Dallas, Texas 76230-3607 (214) 381.6900 Fax 361.0049 MAN101ANDUM TO: Dmais Kiltough, Karon Gandy FAX 0 (917) 43$ "0 City of Bouthl" FROM: Adam Richey ;Apcok�l gftb property Company PATE: Soptombar 12, 1996 RE; REBTRIMD C-1 AND C-2 USES FOR LOT 4 OF THE 3.758 ACRES AT THE NORTENMT CORNER OF S.H.114 AND KIMBALL ROAD Derma, pucauant to the Planning and Zoning Commission meeting fta T6atsday, &*4 m6er 3, 19%. the following i1 miza tine youktions in the C-1 and C-2 nwdag placed On. Lot 4 o*. Lot S, 6 and 7 will wtoir a C-2 zoning under 5-F-2 with no use restrictions. C-1 and C-2 zoning are not permittod on Lot 4, only: The following roes dada the �B A. crammer" Uses 4. Cloaaers, laundries and/or Laundromats, pmvidcd that the floor area of the bueinoss does not excead 2,W square feet. 3. Gagoli" filling rtatioas slut operate is aW meson wi& small oo'vesioaoe stom. Stub use rsay QOnta6 a v1sti of wash fieft. ar or body repairs, meahaaicsl auvu:oa, mod. sm 6. Grocery atores and/or meat narirea pwvided that the liner ate of the Wanoas nativity "I rat exceed 3.00o square feet. READ SEP 121996 ,�,v,�knur�or glM,B►oen.�sr�rau wreiaf ow.RAMfiW IYui IIArw�crroawwaeµnMa.oaaaa.a.woM.rea.was.waiNw. q�YAMOiuwKwMOW wens 7C-4 Mr. Dennis Killaugh, Ms. Karen Gandy Soptarobor 12, 1996 Pago 2 !. Restaurants, tca roams and/or "take-out" food establishments, provided that the floor area of such operation dots not aw=d 2,000 square feet. Food service cstablishmants operating in this district are envisioned to be relatively small operations designed at providing neighborhood support, such as delicatessens and limited menu item establishments that gcocrata low to moderate U*Tw from outside the neighborhood area. 10. Christmas bw salea beginning ono wade before Thanksgiving and extending through December 31 st of eaah oalendar year (outdoor display permitted). 12. Cleaning, dying and pressing works; laundry and Laundromats, providing that tho floor area does not asxa:eed three thousand (3,000) squoo foot for separate or combined uses, 16. Day nurseriu. 22. Filling stations or service stations, operating with or without a convenience store. Such use may offer gasoline, oil, greasing and seccssories, and may contain a small car wash facility, but may not include famdcr or body repairs, mochaniosl services, roar-cnd, transmission or engine overhaul. (As amended by Or+dbatce No. 480-C) 25. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. 26. Grocery stores and meat markets without size limitations. 33. Rests, tot rooms, cafeterias, fast food and "takeout" food raftarants. 37. Tisca, batteries and automobile accessory sake, providod that such activities 000nr entirely within tho confines of the business strmckm itself: 38. Variety stores, provided that tho floor area of such facility dots not exceed tea thousand (10,t100) squm feet. , RECD SEp 121996 7C-5 FAST wGHUNO STREET r E3 IE IC 80.1 Ac I k lAl RICH RD EADS 3A Wr A-4V THONA34 AMEY A-f 20 2A 2 281A l I -` -So 2CI E a H 2F 2C 58 6C 2E1 Li 5AI c 2J 2G 5D2 5E 5CI &75 AC 5D2A 4 5D28 AC 5D28 503 /* rl 5CIG 50H 8V aD OE SA2 5W 5CIG2 IA 51 am V 2 50 5CS—) vowl 50 A Bin ex BT 5A3 15XCI� 81 3B< e 501 x 5H SH 3G 51C rj MO 5mAl 5A4 App MAN X so 2M r 2Mi As :W 281 284A 206 SO A NORTHWEST PKWY EAST 38, 38 FARRAR - um rmews .1 H%mr lbrrivil IV" 3m 2A2, 'EAST SOU7NLAKE Lt9.,prrIV A 2C 2 28 ROO 60 k--- 1 IB28 •2C 15 Ac 90 28 IA 3 X 3C 8'E 81 -; 2A 2A3A W 6AI4. Dp 2 2A3 WA 2AIA 3 k 2AI8 liiiiiiijiijiiii 2A 2AIC jr-i 12.09 Ac Ic I 2AI 3A kIR� 10 11. 11A .110 HE 3A -K IA 0 Aa 116 Ac 5 51 30 2 y 6G 6H 4AI ------ -- I 1A.3 04 w 6KI ! I I 11DI 20 Ac ITSAI W 3 1104 IA]l Fill. I (RAPEAVE Ll� OTY 7r 3 Ac 6.15 Ac A2A 2A 28 2cl IAz 6N -)Ac 683 TRACT MAP A 2C 10 Ac 10 Ac' 13.4 Ac 682 6C 60 13Ut"' ; \ " 61 Ac 7C-6 Mf�00 \ 0905 2A2 %M RW arm an rr,\ 4A TR 5A4A 1 AC TR 5B5 2.19 AC co INT A� GNURA p I 0P 3�'65 3.186 E TR 5B6 4 AC 'fAGf' S. Hagar "AG" I r L. Emery "C-3" hWE� ' Mesco Metal Building Corp. I "I-1 PUD � �3 866 I C Spin Representatives #6 Doug and Danita Fierce ADJACENT OWNERS AND ZONING 7C_7 TR 3C ter-311 AC (STATE HWY 114) TR TH 3 TR 384 .951 AU 1 -- 1 TR 3B '67 @ 1.48 AC /4-7Oyi, City of Southlake, Texas No: ZA 96-109 Review No: Two Date of Review: 9/13/96 Project Name: oncept Plan for S-P-2 Zoning Rtuest - 3 778 Ac. In the Thomas Mahan Survey Abst. # 104 . 4 proposed lots at the northwest corner of S.H. 114 and N. Kimball Avenue APPLICANT: ARCHITECT: Hodaes & Associate A hi No 191-I'Val OMIT �. CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/09196 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT 817) 481-5581, EXT. 787. 1. Label the adjacent properties with the land use designation (L.U.D.) according to the approved City Land Use Plan. Include lot and block numbers and subdivision name of platted properties, and include all properties across adjacent rights -of -way. 2. A 5' type A bufferyard is required on each side of the common lot line of lots 4 and 5 and lots 4 and 6. The applicant has requested that the bufferyards between Lots 4 and 5 be reconfigured and located inside the north line of Lot 5 and has requested the elimination of the required bufferyards located between Lots 4 and 6. (P &.ZACTION 9/5/96 allowing offset of the required bufferyards between proposed Lots 4 and S into north portion of proposed Lot S and allowing reconfiguration of the required bufferyards between proposed Lots 4 and 6 into the most northerly corner of proposed Lot 6.) 3. The following changes are needed with regard to driveways and compliance with the Driveway Ordinance No. 634 : A. A minimum centerline. spacing of 500' is required between driveways intersecting S.H. 114. This spacing may be reduced to 250' if driveways are accessing only the frontage road of SH 114; However, no frontage road exists at this time. The applicant has requested a spacing of 285' between driveways. (P & ZACTION 9/S/96, Delete) B. A minimum driveway throat depth of 50' is required on the proposed driveways for traffic stacking.. The applicant has requested a throat depth to 35' for the driveway intersecting N. Kimball Avenue and throat depths of 43' for the driveways intersecting S.H. 114. Please note that should the number of driveways into the site be reduced to 1 or 2 permitted driveways, the required throat depth will increase to 75' for each driveway.(P & Z ACTION 9/5/96, Delete) C. Provide a traffic impact analysis for this site. Further requirements with regard driveway and traffic flow configurations may result from information provided in the TIA. (P & Z ACTION 9/5/96, Defer until Site Plan Submittal) 4. Provide a listing of the eliminated uses from the "C-2" Zoning District for Lot 4 Block 1 on the plan. 7C-8 City of Southlake, Texas The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 9/23/96. 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. Although no review of the following issues is provided at the concept plan level, staff strongly recommends that the applicant evaluate the site for compliance with the following sections of the city ordinances prior to submittal of the site plan. Note that these issues are only the major areas of site plan review and, that the applicant is responsible for compliance with all site plan requirements. • Vertical and horizontal building articulation per §43.9C1e, Ordinance 480, as amended. • Masonry requirements per §43.9C 1 a, Ordinance 480, as amended and Masonry Ordinance No. 557. • Interior landscaping per Landscape Ordinance No. 544 and §43.9C3 and Exhibits 43-B and 43-C on Pages 43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior landscaping in §43.9C3h and Exhibit 43-D on Page 43-14, Ordinance 480, as amended. • Spill -over lighting and noise per §43.12, Ordinance 480, as amended. • Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. • Fire lanes must be approved by the City Fire Department. 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. A letter of permission from the adjacent property owner(s) on the north must be obtained prior to issuance of a building permit for the construction of the off -site pavement and a permit from TxDOT must be obtained prior to any curb cut along S.H. 114. The applicant should be aware that prior to issuance of a building permit, a plat must be submitted for approval and filed in the County Plat Records,.a site plan, landscape plan, and irrigation plan along with the 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. P & Z ACTION: September 5, 1996; Approved (4-3) the amended request, subject to Staff Review Summary No. 1 dated August 30, 1996, modifying item #3 allowing offset of the required bufferyards between proposed Lots 4 and 5 into north portion of proposed Lot 5 and allowing reconfiguration of the required bufferyards between proposed Lots 4 and 6 into the most northerly corner of proposed Lot 6; deleting item #4A (required driveway spacing along S.H. 114) and #413 (required driveway throat depth); deferring item #4C (traffic impact analysis) until site plan submittal; providing a tree survey with site plan submittal; changing the bufferyard along Hwy. No. 114 from a 20' Type J to a 20' Type K bufferyard; changing the bufferyard along Kimball Ave. from a 10' Type E to a 10' Type C bufferyard; doubling the plantings in all interior 5' type A bufferyards; and providing provide Type A bufferyard plantings in the open space areas along the drainage channel to the West. Denotes Informational Comment cc: Hodges & Associates, Architects and Planners, VIA FAX I Strode Property Co., VIA FAX L AWP-FILES\REV\96\96-109CP.2 7C-9 I HE 14 a I�tfill I I I 7C-10 a A CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-217 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND - WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY 3.49 ACRES SITUATED IN THE THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, AND BEING A PORTION OF TRACTS 3A1, 3A2, AND 6A, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM 1-1 PUD" LIGHT INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL COMMERCIAL DISTRICT USES ON PROPOSED LOTS 5, 6, AND 7, BLOCK 1, AND LIMITED "C- 2" LOCAL RETAIL COMMERCIAL DISTRICT AND "C-l" NEIGHBORHOOD COMMERCIAL DISTRICT USES ON PROPOSED LOT 4, BLOCK 1, 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 (W WHEREAS, the hereinafter described property is currently zoned as 1-1 PUD" Light Industrial Planned Unit Development District under the City's Comprehensive Zoning Ordinance; and 7C-11 L:\CTYDOCS\ORD\CASES\480-217.C-2 Page 1 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 tractor 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: L:\CTYDOCS\ORD\CASES\480-217.C-2 7 C-12 Page 2 Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 3.49 acre tract of land situated in the Thomas Mahan Survey, Abstract No. 1049, and being a portion of Tracts 3A1, 3A2, and 6A, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from 1-1 PUD" Light Industrial Planned Unit Development District to "S-P-2" Generalized Site Plan District with all permitted "C-2" uses per the Zoning Ordinance 480, Section 21.2, as amended, on proposed Lots 5, 6, and 7, Block 1, and limited "C-2" and "C-1" uses per the Zoning Ordinance 480, Sections 21.2 and 20.2, respectively, as amended, on proposed Lot 4, Block 1, deleting the following permitted uses: Deleted "C-2" District Permitted Uses Section 21.2 (10.) Christmas tree sales beginning one week before Thanksgiving and extending through December 31 st of each calendar year (outdoor display permitted). (12.) Cleaning, dying and pressing works; laundry and Laundromats, providing that the floor area does not exceed three thousand (3,000) square feet for separate or combined uses. (16.) Day nurseries (22.) Filling stations or service stations, operating with or without a convenience store. Such use may offer gasoline, oil, greasing and accessories, and may contain a small car wash facility, but may not include fender or body repairs, mechanical services, rear -end, transmission or engine overhaul. (As amended by Ordinance No. 480-C.) (25.) Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. (26.) Grocery stores and meat markets without size limitations. (33.) Restaurants, tea rooms, cafeterias, fast food and "take-out" food restaurants. (37.) Tires, batteries and automobile accessory sales, provided that such activities occur entirely within the confines of the business structure itself. (38.) Variety stores, provided that the floor area of such facility does not exceed ten thousand (10,000) square feet. Deleted Cumulative "C-V Permitted Uses Section 20.2 (4.) Cleaners, laundries and/or Laundromats, provided that the floor area of the business does not exceed 2,500 square feet. (5.) Gasoline filling stations that operate in conjunction with small convenience stores. Such use may contain a small car wash facility, but may not include fender or body repairs, mechanical services, rear -end, transmission or engine overhaul. (6.) Grocery stores and/or meat markets provided that the floor area of the business activity shall not exceed 3,000 square feet. (8.) Restaurants, tea rooms and/or "take-out" food establishments, provided that the floor area of such operation does not exceed 2,000 square feet. Food service establishments operating in this district are envisioned to be relatively L:\CTYDOCS\ORD\CASES\480-217.C-2 7C-13 Page 3 small operations designed at providing neighborhood support, such as delicatessens and limited menu item establishments that generate low to moderate traffic from outside the neighborhood area, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B" Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. 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 L:\CTYDOCS\ORD\CASES\480-217.C-2 7C-14 Page 4 or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted (W until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the MAYOR ATTEST: day of , 1996. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. L:\CTYDOCS\ORD\CASES\480-217.C-2 Page 5 MAYOR 7C-15 ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:\CTYDOCS\ORD\CASES\480-217.C-2 7C-16 Page 6 EXHIBIT "A" BEGINNING at a capped steel rod found at the southerly comer of a comer clip at the intersection of the northerly right-of-way line of STATE HIGHWAY 114 ( 220' R.O.W.) with the westerly right-of-way line of N. KIMBALL AVENUE ( a variable width right-of-way); THENCE North 86'01'33" West, along said STATE HIGHWAY 114, a distance of 505.48 feet to a 1 /2" inch iron rod set for corner; THENCE North 03058'27" East, a distance of 73.54 feet to a 112" inch iron rod set for the beginning of a curve to the right having a radius of 100-00-feet, a long chord that bears North 31057'26" East, a chord distance of 93.84 feet; THENCE along said curve to the right, through a central angle of 55*57'58" for an arc length of 97.68 feet to a 1 /2" inch iron rod set for comer, THENCE North 59°56'25" East, a distance of 103.21 feet to a 1/2" inch iron rod set for the beginning of a curve to the right having a radius of 50.00 feet, a long chord that bears North 69059'07" East, a chord distance of 17.44 feet; THENCE along said curve to the right, through a central angle of 20005'25" for an arc length of 17.53 feet to a 112" inch iron rod set for comer, THENCE North 80001'50" East, a distance of 106.45 feet to a 112" iron rod set for the beginning of a curve to the left having a radius of 100.00 feet, a long chord that bears North 50051'00" East, a chord distance of 97.51-feet; THENCE along said curve to the left, through a central angle of 58021'40" for an arc (40" length of 101.86 feet to a 1 /2" inch iron rod set for comer, A THENCE North 21040' 10' East, a distance of 55.47 feet to -a 1 /2" inch iron rod set for corner; THENCE North 89959'26. East, a distance of 242.50 feet to a 1/2" inch iron rod set in the westerly line of said N. KIMBALL AVENUE; THENCE South 00°00'34" East, continuing along the westerly line of said N. KIMBALL AVENUE, a distance of 297.65 feet to a capped steel rod found for comer; THENCE WEST, a distance of 25.00 feet to a capped steel rod. found for comer; THENCE South 00902'33" East, a distance of 9.83 feet to a capped steel rod found for comer; THENCE South 46057*27' West, along said comer clip, a distance of 102.24 feet the POINT OF BEGINNING; CONTAINING within these metes and bounds, 3.788 acres or 165,010 square feet of land, more or less. L:\CTYDOCS\ORD\CASES\480-217.C-2 7C-17 Page 7 Cp�1=I 00 tu �s€ , L:\CTYDOCS\ORD\CASES\480-217.C-2 7C_ 18 Page 8 I I I I I I IOU I 3N I I I I I I I Em City of Southlake, Texas STAFF REPORT September 27, 1996 CASE NO: ZA 96-112 PROJECT: Concept Plan - First American Savings Banc Addition STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 - REQUESTED ACTION: Concept Plan for the proposed Lots 2, 3, 4, and 5, Block 1, First American Savings Banc Addition, being legally described as approximately 3.83 acres situated in the Littleberry G. Hall Survey, Abstract No. 686, and being a portion of Tract 1C3. LOCATION: North side of W. Southlake Blvd. (FM 1709), approximately 750' west of the intersection of N. White Chapel Blvd. and W. Southlake Blvd. (FM 1709) OWNER: First American Savings Banc, S.S.B., Shareholder's Trust APPLICANT: Terry Wilkenson CURRENT ZONING: "SP-2" Generalized Site Plan District LAND USE CATEGORY: Mixed Use (may include offices buildings, hotels, and commercial and retail centers that serve local and regional needs) CORRIDOR RECOMMENDATION: Retail Commercial (same as in CS, 0-1, C-1, C-2, C-3, and B-1 district) NO. NOTICES SENT: Six (6) RESPONSES: None P & Z ACTION: September 5, 1996; Approved (7-0) to table and continue Public Hearing until September 19, 1996 due to Case Limitation Resolution No. 95-24. September 19, 1996; Approved (6-1) subject to Staff Review Letter No. 2 dated September 12, 1996, amending Item #2 from a required 60' R.O.W. and 60' radius cul-de-sac to a 50' right of way and 50' radius cul-de-sac; amending Item #4C3 to eliminate two (2) southwest corner parking spaces and amending Item #4C4 to eliminate three (3) southeast corner parking spaces in order to provide M- I more driveway throat depth; amending Item #4C4 to read "Lots 4 and 5"; deleting Item #5 (lot lines should be radial to cul-de-sac); amending Item #6 changing the required setback on Lot 2 adjacent to Keystone Court from a 30' BL to a 25' BL; amending Item #7.3 and Item #7.4 to allow the omission of the required bufferyard between Lots 4 and 5 and place the required plantings elsewhere on the property; and recommending to City Council to obtain an opinion from the City Attorney regarding Section 32 - S-P-2 Site Plan District Regulations. STAFF COMMENTS: The applicant has met all items in Staff Review Summary No. 1 dated August 30, 1996 and Staff Review Summary No. 2 dated September 13, 1996 with the exception of those items in the attached Staff Review Summary No. 3 dated September 27, 1996. L:\WP-FILES\WMO\96CASES\96-112CP.WPD NJ 10-2 09/24/1996 15:40 4463116 GOODWIN MARSHALL PAGE 02 REC'D S E P 2 41996 Case No. 2A 96-112 First American Savings Banc Addition Lots Z-5, Block 1 24 Requested Variances from C-3 General Commercial District Requirements C-3 Distrito Requirement 30' Building Setback on the East side of Lot 2. 5' Type Bufferyard on either side of the common lot line between Lots 4 & 5. 60' street right-of-way with a 60' radius on the cul-de-sac. Requested Variance 25' Building Setback on the East side of Lot 2. No Bulferyard on either side of the common lot line be- tween Lots 4 & 5 but provid- ing the required plantings elsewhere on the site. 50' street right -of --way with a 50' radius on the cul-de-sac. The following uses shall not be anuwcd: 1. Frozen food locker 2. Bowling alley 3. Conventional Golf Course 4. Lodges, sororities and/or fraternities 5. Medical Care Facilities 6. Mortuaries, funeral homes and undertakers 7. Skating rinks, ice and roller & Taverns, clubs and other comparable establishments under which the on -premises consumption of alcoholic beverages is permitted. 7) -3 SA . I IE 8m 'A '11 863 34tl0 1 2 1 6 4 8 , 89 K A A 8132A 'MA 5 Ac BA3 BMA sogoAOL A .,Gov BA2 BA15 8BIC BA9 8A 11 BAI 9A 880 F11fj 9B 10 IlD ```y•.1 �00 I ,�o 35 AC 1. IIA3 I �Al 3A ow5t45 382 3134 ,,,Vrrio 0 J)r E E30 38 iTHLAKE 4A A A— 111111wow'd Ewl, - .104 Wfoe A, r I 5 AC IGI 4 48 4 c 1:115:4.1Alc 274 OU HlRh TRACT MAP 6 Ac 5c 10 AC li i i IN PARK 4 Ac 5D 50 OE1 IA B qT I �21f I 10.54 Ac 3A 8 X 24.91 Ac A 00 HALL W.W. W7 N 3E --- i 25 Ac 22 A, 5F 5E 5D 5DI 502 5C 'A 3A W W 3c IC38 2"' 3E 'E 10 Ac 6 Ac Y3 Ac 1.57 Ac 2.25 Ac 3 3 ft k 3.56 2A2 2A5 2A.3 2 J21 21 Ac 20 _m_ a Ole IEDI W." NkHir 5a7l Ac rj d LLLL L' CO w \ \W — T- Z C 4� 4 Q' Z OZ NLU c \ Qw a Z Ems—• \ \ C N `y \ 0 N s E co Cr C', W 'o^ 7 o 2 q �N LS�Q` jo N nQ a ko C I W (n Q Z>-� N o, I N J Z W Qa-i,,Wz L r- 'O n2 N O X WLJQ�N ►- �- �o cncrcr . C) , ooz ' cc � Y I t cD N ^ < >+ . CV I ; osz U) a � 1 1 i st AW r Vic. CJ to —• _ r m<as 1 0 T" a) Q City of Southlake, Texas No: ,ZA 96-112 Review No: Three Date of Review: 9/27/96 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/23/96 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT 817 481-5581, EXT. 787. 1. 2. 3. 4. 5. Change the street ROW to 60' in width and provide a 60' radius on the bubble. (P&Z Action 9119196.- allow a 50' R.O. W.) The following changes are needed with regard to driveways and compliance with the Driveway Ordinance No. 634: A. Provide the minimum spacing required between F.M. 1709 R.O.W and the centerline of the southerly driveway into Lott. The minimum spacing required is 100'. A spacing of 55'1- has been provided. Please note that a minimum spacing of 100' must be maintained between all driveway centerlines intersecting proposed Keystone Court. B. Provide the required throat depths for traffic stacking. The following throat depths are required: 1. South driveway into Lot 2 - minimum 28' req'd. Provided 5'f 2. North driveway into Lot 2 - minimum 10' req'd. Provided 5'f 3. Driveway into Lot 3 - minimum 50' req'd. Provided 12't (P&ZAction 9119196: remove 2 southwest parking spaces to increase depth. The applicant has complied) 4. Driveway into Lots 4 & 5 - minimum 50' req'd. Provided 15'f (P&ZAction 9119196. remove 3 southeast parking spaces to increase depth. The applicant has complied) Proposed lot lines should be revised to be radial from the cul-de-sac. (P&ZAction 9119196: delete) Provide a 30 B.L. on lot 2 along Keystone Court. (P&ZAction 9/19/96. allow 25' BL) The following changes are needed with regard to bufferyards: A. A 5' Type A bufferyard is required along the easterly line of Lot 4 adjacent to Lot 5. (P&Z Action 9/19/96. allow the omission of the required bufferyard and place the required plantings elsewhere on the property) ri0- 4 City of Southlake, Texas B. A 5' Type A bufferyard is required along the westerly line of Lot 4 adjacent to Lot 4. (P&Z Action 9119196. allow the omission of the required bufferyard and place the required plantings elsewhere on the property) C. A portion of the south parking area of Lot 2 encroaches the west bufferyard of Lot 2. Although no review of the following issues is provided at the concept plan level, staff strongly recommends that the applicant evaluate the site for compliance with the following sections of the city ordinances prior to submittal of the site plan. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements. • Vertical and horizontal building articulation per §43.9CIe, Ordinance 480, as amended on Lot 2 only. • Masonry requirements per §43.9C1a, Ordinance 480, as amended and Masonry Ordinance No. 557. • Interior landscaping per Landscape Ordinance No. 544 and §43.9C3 and Exhibits 43-B and 43-C on Pages 43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior landscaping in §43.90h and Exhibit 43-D on Page 43-14, Ordinance 480, as amended. • Spill -over lighting and noise per §43.12, Ordinance 480, as amended. • Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. • Fire lanes must be approved by the City Fire Department. The applicant should be aware that prior to issuance of a building permit, a development site plan, landscape plan, and irrigation plan along with the 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. This review is based on the "C-3" Zoning District Regulations. P & ZACTION.• September 5, 1996, Approved (7-0) to table and continue Public Hearing until September 19, 1996 due to Case Limitation Resolution No. 95-24. September 19, 1996; Approved (6-1) subject to Staff Review Letter No. 2 dated September 12, 1996, amending Item #2 from a 60' R O. W. and 60' radius cul-de-sac to a 50' right of way and 50' radius cul-de-sac; amending Item #4C3 to eliminate two (2) southwest corner parking spaces and amending Item #4C4 to eliminate three (3) southeast corner parking spaces in order to provide more driveway throat depth, amending Item #4C4 to read "Lots 4 and 5'; deleting Item #5 (!ot lines should be radial to cul-de-sac); amending Item #6 changing the,required setback on Lot 2 adjacent to Keystone Court from a 30' BL to a 25' BL; amending Item #7.3 and Item #7.4 to allow the omission of the required bufferyard between Lots 4 and 5 and place the required plantings elsewhere on the ptoperty, and recommending to City Council to obtain an opinion from the City Attorney regarding Section 32 - S-P-2 Site Plan District Regulations. * Denotes Informational Comment cc: Terry Wilkinson Goodwin & Marshall 1 l2CP.3 -1 o-1 .MMM _Z_ Hill i !� Y Y! '+ _ ...N Oki'hill_ iiAd f, HM oil lkk 10-6 04 City of Southlake, Texas STAFF REPORT September 27, 1996 CASE NO: ZA 96-113 PROJECT: Site Plan - First American Savings Banc STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Site Plan for proposed Lot 4, Block 1, First American Savings Banc Addition, being legally described as approximately 1.043 acres situated in the Littleberry G. Hall Survey, Abstract No. 686, and being a portion of Tract 1C3. LOCATION: North side of W. Southlake Blvd. (FM 1709), approximately 750' west of the intersection of N. White Chapel Blvd. and W. Southlake Blvd. (FM 1709) OWNER: First American Savings Banc, S.S.B., Shareholder's Trust APPLICANT: Terry Wilkenson CURRENT ZONING: "SP-2" Generalized Site Plan District LAND USE CATEGORY: Mixed Use (may include offices buildings, hotels, and commercial and retail centers that serve local and regional needs) NO. NOTICES SENT: Four (4) RESPONSES: None P & Z ACTION: September 5, 1996; Approved (7-0) to table and continue Public Hearing until September 19, 1996 due to Case Limitation Resolution No. 95-24. September 19, 1996; Approved (6-1), subject to Staff Review Summary No. 2 dated September 13, 1996 amending Item #1 from a required 60' R.O.W. and 60' radius cul-de-sac to a 50' right of way and 50' radius cul-de-sac; amending Item #3A to eliminate two (2) southwest corner parking spaces and amending Item #313 to eliminate three (3) southeast comer parking spaces in order to provide more driveway throat depth and amending Item #3B to read "Lots 4 and 5"; deleting Item #4 (lot lines City of Southlake, Texas should be radial to cul-de-sac); amending Item #6A to omit the bufferyard between Lots 4 and 5 and place the required plantings elsewhere on the property. STAFF COMMENTS: The applicant has met all items in Staff Review Summary No. 1 dated August 30, 1996 and Staff Review Summary No. 2 date September 13, 1996 with the exception of those items in the attached Staff Review Summary No. 3 dated September 27, 1996. L:\WP-FILES\MEMO\96CASES\96-113SP.WPD 09/24/1996 15:40 4463116 GOODWIN MARSHALL PAGE 03 0 KID SEP 2 41996 Case No. 2A 96-113 First American Savings Banc Addition Lots 4, Block 1 Requested Variances from C-3 General Commercial District Requirements C-3 District Requirement 5' Type Bufferyard on the common lot line between Lots 4&5. 60' street right-of-way with a 60' radius on the cul-de-sac. Requested Variance No Bufferyard on the common lot line between Lots 4 & 5 but providing the required plantings elsewhere on the site. 50' street right-of-way with a 50' radius on the cul-d"ac. The following uses shall not be allowed- 1- Frozen food locker 2. Bowling alley 3. Conventional Golf Course 4. Lodges, sororities and/or fraternities (W 5. Medical Care Facilities 6. Mortuaries, funeral homes and undertakers T. Skating rinks, ice and roller . & Taverns, clubs and other comparable establishments under which the on -premises consumption of alcoholic beverages is permitted. 1E 3 I -% i -� I.,- �% v+ ILIL 0 O Itttlittl Z Q a� Z N L Q CO N Y CU Q O as t O cn O - W az M) r co O: co �v 4� ,a. @� � �^ U VA co N ? cr ^ CO q `0 -cn 0 CL o V N y - o .0 L>•r I N m U O Q N Of occ NTLLJ Z>-C rn '� N < ul 0) I X�f-UO Z ra NN WWQ N ti iati \ O ~F—'_Z2 CV)�o� T - No^ e at 1 czz 9 Q N CC 1 I Vr oc, ` ?{ 6. a Lr, � ti { C:I out CD\ � d a 1 N n • ^ di I 1, i J � e�i cc I +11 I I 1� 1 t I m < I : I i cd X t1 ' /- � , O Ir - - 7�'- 5 ct - i{ ;; _ Case No: ZA 96-113 City of Southlake, Texas SITE PLAN REVIEW SUMMARY Review No: Three Date of Review: 9127/96 Project Name: -Site Plan - First American Savings Banc Addition, Lot 4 Block 1 APPLICANT: Terry Wilkinsc CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/23/96 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. 1. Change the street ROW to 60' in width and provide a 60' radius on the bubble. (P&ZAction 9/19/96. allow a 50' R.O. W. and 50' radius bubble) 2. Show, label, and dimension all fire lines. Include all curb radii dimensions adjacent to the fire lane. All fire lanes must be per the Fire Department requirements. 3. Provide the required throat depths for traffic stacking. The following throat depths are required: A. Driveway into Lot 3 - minimum 50' req'd. Provided 15'f. (P&ZAction 9/19/96. remove 2 southwest parking spaces to increase depth. The applicant has complied) B. Driveway into Lots 4 & 5 - minimum 50' req'd. Provided 15'f. (P&ZAction 9119196. remove 3 southeast parking spaces to increase depth. The applicant has complied) 4. Proposed lot lines should be revised to be radial from the cul-de-sac. (P&ZAction 9/19/96. delete) 5. A 5' Type `A' bufferyard is required along the east property line. The applicant has requested a waiver of this bufferyard as shown on Sheet 2 of this plan. (P&ZAction 9/19/96. allow the omission of the required bufferyard and place the required plantings elsewhere on the property) 6. Correct the rgquired parking shown in the Site Data Summary to reflect 44 parking spaces. Please note the applicant has provided 46 parking spaces on the site. 7. If any, show the location, orientation, type and height of intended lighting, signs, and exterior auditory. City of Southlake, Texas * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. A letter of permission from the adjacent property owner(s) on the west must be obtained prior to issuance of a building permit for the construction of the off -site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. The proposed street must be constructed prior to beginning construction on this site. The applicant should be aware that prior to issuance of a building permit, a final plat must be processed through the City and filed in the County Plat Records, a fully corrected site plan, landscape plan, and irrigation plan along with the 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. This review is based on the "C-3" Zoning District Regulations. P & Z ACTION: September 5, 1996; Approved (7-0) to table and continue Public Hearing until September 19, 1996 due to Case Limitation Resolution No. 95-24. September 19, 1996; Approved (6-1), subject to Staff Review Summary No. 2 dated September 13, 1996 amending Item # 1 from a required 60' R.O.W. and 60, radius cul-de-sac to a 50' right of way and 50' radius cul-de-sac; amending Item #3A to eliminate two (2) southwest comer parking spaces and amending Item #313 to eliminate three (3) southeast corner parking spaces in order to provide more driveway throat depth and amending Item #313 to read "Lots 4 and 5"; deleting Item #4 (lot lines should be radial to cul-de-sac); amending Item #6A to omit the bufferyard between Lots 4 and 5 and place the required plantings elsewhere on the property. * Denotes Informational Comment cc: Terry Wilkinson Goodwin & Marshall LAWP-F1LES\REV\96\96-113SP.3 ■rN ®��! F1 • 9,--- TJ I \ 1 \� \T`G ��♦ I° s r8r: ....... FE — — - ----__�- —-- —-- __ __ W i rm>~ •T6 AppI p J �W IC 8 Ni Igo 0 A to rn W4 C.0 LLI A Ell ail TP pn- V7, o qE-q) j;7 I L i rn CID CQ a W R-- — =L — — — — — — — — — — — — — — — — — �a :I' I• ; I� � � r �� I \`ice � a -Z- �.n au i o I g a City of Southlake, Texas STAFF REPORT September 27, 1996 CASE NO: ZA 96-114 PROJECT: Preliminary Plat - First American Savings Banc STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Preliminary Plat for the proposed Lots 2, 3, 4, and 5, Block 1, First American Savings Banc Addition, being legally described as approximately 3.83 acres situated in the Littleberry G. Hall Survey, Abstract No. 686, and being a portion of Tract 1C3. LOCATION: North side of W. Southlake Blvd. (FM 1709), approximately 750' west of the intersection of N. White Chapel Blvd. and W. Southlake Blvd. (FM 1709) OWNER: First American Savings Banc, S.S.B., Shareholder's Trust APPLICANT: Terry Wilkenson CURRENT ZONING: "SP-2'' Generalized Site Plan District LAND USE CATEGORY: Mixed Use (may include office buildings, hotels, and commercial and retail centers that serve local and regional needs) CORRIDOR RECOMMENDATION: Retail Commercial (same as in CS, 0-1, C-1, C-2, C-3, and B-1 district) NO. NOTICES SENT: Six (6) RESPONSES: None P & Z ACTION: September 5, 1996; Approved (7-0) applicant's request to table until the September 19, 1996 Planning & Zoning Commission meeting due to the continuation of Case ZA96-112 and Case ZA96-113. September 19, 1996; Approved (6-1), subject to Staff Review Summary No. 2 dated September 13, 1996 amending Item #3 from a required 60' R.O.W. and 60' radius cul-de-sac to a 50' 7P-( City of Southlake, Texas right of way and 50' radius cul-de-sac; amending Item #41) to read "...if any" at the end of the sentence; deleting Item #5 (lot lines should be radial to cul-de-sac); modifying Item #6 changing the required setback on Lot 2 adjacent to Keystone Court from a 30' BL to a 25' BL. STAFF COMMENTS: The applicant has met all items in Plat Review Summary No. 1 dated August 30, 1996 znd Plat Review Summary No. 2 dated September 13, 1996 with the exception of those items in the attached Plat Review Summary No. 3 dated September 27, 1996. L:\VvT-FILESVvfEMO\96CASES\96-114PP.WPD !lE A SA3 A' 8A2 8AI5 SA9 8A 9 11 8AI A 9B no •"-'• ,�5 OCR (11w, 35 AcR¢0 P° JIM 9, q'i IWA 3A 2C 18 Ac go 5 c �ss OF AC MIIAl i ! ! IB -10 3A A W 1 iiiii � _�. i 24.91 Ac HALL ,-ION ! 0!4 SAMY A-6 API L r-T— f A le Ic I Pt, W, 4T 3E -V 25 Ac 22 Ac 5c 3A Ul 3c 138zes AC DIG is 156 2A.3 2 21 Ac—,\ MEDI c rmn 'HT �,Mkm M71 M P, LU Z d co 4� OD NL N ^N^ c E ct =3 CT U) cd oq �0 :� z. u r U c G v -- F- a LO I QD I W v1 Q rn z>-c ' I V) < V) 0) Q W W Z X L is C N I Li Li �`�� O I ~� M cr cr j •�; 3 O J�o9z.. cccj: CY oe CL N t la0 N i ~1 I � J N w, C/) t Q i Q i � l i cj t �y0 r i i Q�e �CJL . j •, .I a r r 1 i CIO tt I i i �.t I t IF t � It • 0 r 1r ............. eo�0eeeaea�oeeees� b.43 ;4 7F -5 m � n am Yam•• s . v J We G. 1 = a ~a � 3 �s ILi i City of Southlake, Texas No: ZA 96-114 Review No: Three Date of Review: 9/27/96 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/23/96 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. Change the street ROW to 60' in width and provide a 60' radius on the bubble. (P&ZAction 9/19/96. allow a 50'R0.,W. and 50'radius on the bubble) 2. The following changes are needed with regard to easements: A. Provide drainage and utility easements in accordance with the drainage and utility plans as approved by the public works department. B. If any, show the location of the 100 year floodplains and floodways per developed conditions. Designate flooways as drainage easement. 3. Proposed lot lines should be revised to be radial from the cul-de-sac. (P&ZAction 9119196. delete) 4. Provide a 30 B.L. on lot 2 along Keystone Court. (P&ZAction 9119196. allow 25' BL) P & Z ACTION: September 5, 1996; Approved (7-0) applicant's request to table until the September 19, 1996 Planning & Zoning Commission meeting due to the continuation of Case ZA96-112 and Case ZA96-113. cc: Terry Wilkinson Goodwin & Marshall \WP-FILESIREV\96196-114PP.3 September 19, 1996; Approved (6-1), subject to Staff Review Summary No. 2 dated September 13,1996 amending Item #3 from a required 69 R.O.W. and 60' radius cul-de-sac to a 50' right of way and 50' radius cul-de-sac; amending Item #41) to read "...if any" at the end of the sentence; deleting Item #5 (lot lines should be radial to cul-de-sac); modifying Item #6 changing the required setback on Lot 2 adjacent to Keystone Court'from a 30' BL to a 25' BL. 1f (P 46' i� i l 7 City of Southlake, Texas STAFF REPORT September 27, 1996 CASE NO: ZA 96-117 PROJECT: Site Plan - Versailles Private Pool Facility STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Site Plan for a Private Pool Facility on property legally described as Common Area No. 1 (Community Center), Lot 1, Block 1, Versailles, being approximately 0.42 acres situated in the J. W. Hale Survey, Abstract No. 803. LOCATION: Northeast corner of the intersection of South Carroll Ave. and Bordeaux Court OWNER/APPLICANT: Versailles, Inc. CURRENT ZONING: "PUD" Planned Unit Development District LAND USE CATEGORY: Medium Density Residential (may include limited low intensity office and/or retail uses) NO. NOTICES SENT: Four (4) RESPONSES: None P&Z ACTION: September 19, 1996; Approved (7-0) subject to Staff Review Summary No. 1 dated September 13, 1996 amended as follows: continuing landscape screening on the northern side up to parking spaces as discussed; modifying Item #71) (requiring 1 space per 500 s.f. of deck and pool surface area) to reflect parking spaces as proposed and allowing them to be moved closer to the pool area to keep them out of the right of way; deleting Item #10 (prohibiting "head -in" parking); deleting Item # 11(requiring driveway spacing, throat depth and design in accordance to driveway ordinance); deleting Item # 12 (requiring a 25' side setback along the north property line); amending Item #13 (prohibing building encroachment into 25' setback on the north) to allow building to be setback 17' from the north property line. City of Southla1•� T" " STAFF COMMENTS: The applicant has dated September 1 attached Staff Rev L:\WP-FILES\MEMO\96CASES\96-117SP.WPD 09%24/96 TUE 16:07 FAX 214 638 0447 C & B DALLAS IM 002 lemon Carter-., Burness Consultants in Engineering, Architecture, {fCD S E P 2 41996 Planning and the Environment September 23, 1996 Ms. Karen Gandy Zoning Administrator 667 N. Carroll Avenue Southlake, Texas 76092 Reference: Case NO. ZA 96-117 Site Plan for Versailles Addition Private Pool Dear Karen: In submittal and review of this Site Plan, certain staff review comments which are based on CS zoning district guidelines have been discussed with the City staff and Planning and Zoning Commission. These instances arise primarily where the requirements of the CS zoning district were not drafted with a private community pool facility in mind. We are providing information on these same items for the City Council to review prior to consideration of this Site Plan. The issues which we respectfully request like to discuss are: Parking Amount: Staff has indicated that "1 car per 500 s.f. of pool/deck' is an unwritten guideline. This would equate to 18 parking spaces required. However, Versailles has only 104 lots. We feel that for pools such as this the amount of parking is more appropriately a fraction of the total of lots in the subdivision. In other communities in Southlake, the required parking as a fraction of the total number of lots is indicated below: Total Parking Parking as Lok Spaces % Of Lots Timber Lakes 421 17 4% Southridge Lakes 385 38 10% In Southridge Lakes, the same parking also serves community tennis courts, which are not present in Versailles. Additionally, Versailles is a small neighborhood. Our experiences in other developments is that community pool users primarily will walk or bicycle, unless the distance is too great. All of the lots in Versailles are within easy walking distance of the pool. We propose to provide nine parking space (9% of the lots) which should be more than necessary. Carter & Burgess, Inc. 7950 Elmbrook Suite 250 Dallas. Texas 75247-4951 (214) 638-0145 Metro (214) 263-2019 Fax (214) 638.0447 1 (17-3 09/24/96 TUE 16:09 FAX 214 638 0447 C & B DALLAS 16003 September 23, 1996 Ms. Karen Gandy Page 2 REC) SEP 2 41996 parking Configuration: The size of the site restricts the options we have for parking configuration. In order to comply fully with the Driveway Ordinance No. 634 requirements, w,e would be forced to reduce the size of the pool and decking. We propose, as an alternative, to be allowed to maintain the head -in parking configuration, but to extend the head - in spaces so that the entire space is located outside of the public right-of-way. This should accommodate the intent of the City regulations, while allowing more of the site to be used for recreation than for parking lot pavement. Setback _BeguiremOT. The 25 foot setback from the adjacent single family lot is another which we feel was not drafted with an amenity such as this mind. The pool itself is situated on the opposite side of the site from the adjacent lot. The one story pool building should have minimal impact on the adjacent lot. On the other side of the same lot, a 2-Yz story house can be constructed 10 feet from the lot line, having significantly more impact. We request that the 17 foot pool building setback which we have provided be approved. The Planning and Zoning Commission, in the September 19, 1996 meeting, allowed us to present these issues. The Commission agreed that these are valid concerns, and the motion for approval included provisions to accommodate each of these requests. The motion was carried unanimously. We hope that the City Council will also consider these as reasonable resolutions to these issues. We look forward to discussing these with the members of the Council on October i, 1996. Sincerely, CARTER & BURGESS, INC. Don E. Allen, P.E. Associate DEAldmy 93330801121 qo_r_ kc JD3 X 3 Ac 7.665 Ac 3.4 311 302 3 Ac ID2LUI 3D4 30 3A2 3AI I -- -584C 26 20 M5 I Ac LAVI'- 2x ca 584E -582 — 5M 5811 193 to ,.—_3.j NORTHWEST FlKwy X ST L W 30 FAR I ,,Prrlot4 X OUT14LAKE BLVD. 3 4C 40D A 1B, 182 IB 301 2A Ac 13.56Ac GOR 1820 z 20 RR 30.6 Ac 90 3 '1 'ON 2E Dl 2A3A 15 At") 181 2A2 22.11 Ac 2A.3 3 A� 2 .......... 2A Ic 41/ �4 I 12.09 Ac ID 4EI JT. Aop :1A: 'UHT 3A 20 Ac A- 13-6 Ac 3D 50.71 Ac "0001. fill 2 EA' 6Gj 4AII 'Y bH 4A4— SK 6KI 4C 20 Ac 48 383 3 -805 6AI 3 Ac 4A' ARAINBOW Sr. 6.15 Ac BAI A2A 2A 2B w I BAIA RA? 6.1 )Ac 6A 6AI I lA2IA 6831 68 Sol 2c 682 k-.� SC 60 6E 13U9 10 Ac loj�, 13.4 Ac 1, \ It% I,% 43.01 AC % 6F %% % EAST CONTINENTAL 2A2 He DOW. stor4y A-INJ de -- — — — I-r—A IA I 18 IBI JA AI 2F �2FI II IA -1I1I9IMIQw-10640N mw IBIA to1810E2 .3 A, I 1w IBl1050 17 Ac tow 1141610IOC486C2 15.6 Ac 02 lea !t! 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Kercho TR IA 0 CD D � � o 6 Wm z : � In _ u < F� n w lz a (n3 dWr� .4 w W J e $ _ r K� ►. i � 3 A I tt� _ § now _ se ar h Y B � 5 � } l71LLf Yr�11 j iGal�� Q R F x�R.6C.69N a ' • I+ �e 1 a — — — — — — — -- e 1 City of Southlake, Texas SITE PLAN REVIEW SUMMARY No: ZA 96-117 Review No: Two Date of Review: /27/96 Project Name: Site Plan - Versailles Private Pool Facility, Common Area No 1 (Community Center) Lot 1. Block 1. Versailles APPLICANT: Versailles Ltd. 8333 Doualas Avenue Suite 1300 Dallas. Texas 775225 Phone: 214) 691-5300 Fax: (214) 691-8899 SURVEYOR: Carter & Burizess 7950 Elmbrook Drive. Suite 250 Dallas. Texas 75247 Phone: (mi) 638-0145 Fax: (214) 638-0447 Attn: David Hollander CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/23/96 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. 1. Correct the lot number for the lot adjoining the north line to Lot 2, Block 1. 2. No pavements are allowed within the required bufferyards. A portion of the north and west bufferyards are encroached by proposed pavements. 3. The following changes are needed with regard to the Site Data Summary Chart: A. Correct the Site Coverage Percentage to reflect the percentage of lot area covered by the proposed pool building (restroom/storage facility). Site coverage would appear to be approximately 6%. B. Correct the reguired parking area to reflect 1 space per 500 s.f. of deck and pool surface area. (P&ZAction 9/19/96. mods to reflect parking spaces as proposed and allowing them to be moved closer to the pool area to keep them out of the right of way) 4. Provide "off-street" parking in accordance with the Zoning Ordinance No. 480, as amended, and the Driveway Ordinance No. 634. No "head -in" parking is allowed. All maneuvering for off-street parking must be located outside of street R.O.W.. Required parking should be determined at 1 space per 500 square feet of deck and pool area as determined by the City Zoning Administrator. It appears that 19 parking spaces would be required for this site. (P&ZAction 9119196: delete) 5. Any proposed driveways into the site must be in compliance with the spacing, throat depth and design criteria for non-residential uses per the Driveway Ordinance No. 634. (P&ZAction 9/19/96. delete) 6. Correct the north building setback line to a 25' foot setback line. (P&ZAction 9/19196: delete) 7. Correct the location of the proposed building such that it does not encroach the required 25' setback line along the north. (P&ZAction 9119196: allow building to be setback 17' from the north property line) 7��g City of Southlake, Texas 8. Proposed fencing at the southeast corner cannot encroach the site triangle shown in Appendix 10 of the Subdivision Ordinance No. 483, as amended. * This review is based on the "CS" Zoning District. * Delete plant locations and specific species from the plan. No review of the landscaping is intended with this plan. Landscape and irrigation plans meeting the requirements of Ord. 544 will be required prior to the issuance of a building permit. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a 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. P&ZACTION.- September 19, 1996; Approved (7-0) subject to Staff Review Summary No. I dated September 13, 1996 amended as follows: continuing landscape screening on the northern side up to parking spaces as discussed, modifying Item #7D to reflect parking spaces as proposed and allowing them to be moved closer to the pool area to keep them out of the right of way; deleting Item #10; deleting Item #11; deleting Item #12; amending Item #13 to allow building to be setback 17' from the north property line. Denotes Informational Comment cc: Versailles Ltd Carter & Burgess LAWP-FILES\REV\96\96-117SP.2 ffi6Jf18aJijJDa I MMMUMVrArV r swnoaav " S XII'IIDd3 'IOOd &LVAIUa - S3 r R V bi tIUA rn y rig I N O MSfI • .SS MYII 1j.qLu. Z 1 di Q 71 zip i e - id mee�oeose Ma s 7G /® _.�.� ..... •._11.�1 ssa6mnsmAo"Da .� mm vw wo AO LW co-r am mrumrva � nocnt°"vm w o•'�n� XJ MV3 'IOOd MLVARId - SaTIIVSdaA 55><a« fgg a d iai 'I Q_ sty 111711 YCIu T111MA1 NAM srrmr4r4m& t'k c I a � _7C- 11 I L�-i Lo m; N y O ; j ga; v a q J. CO 9 City of Southlake, Texas STAFF REPORT September 27, 1996 CASE NO: ZA 96-53 PROJECT: Ordinance 480-199, First Reading Rezoning and Concept Plan/Cotton Patch Cafe STAFF CONTACT: Karen P. Gandy, Zoning Administrator 481-5581, Ext. 743 Dennis Killough, Planner I 481-5581, Ext. 787 REQUESTED ACTION: Rezoning and Concept Plan for property described as being approximately 1.10 acres situated in the John A. Freeman Survey, Abstract No. 529, being a portion of Tract 2. LOCATION: On the south side of E. Southlake Blvd. (F.M. 1709), being approximately 450' east of the intersection of E. Southlake Blvd. (F.M. 1709) and Westwood Dr. OWNER: Mary Frances Frank Vandergriff APPLICANT: M & P Investments CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Mixed Use (office, commercial, retail, public/semi-public, low density residential and medium density residential uses) CORRIDOR RECOMMENDATION: Office Commercial (Same as in CS, 0-1, 0-2, B-1, HC, MF-1, and MF-2 districts) NO. NOTICES SENT: Seven (7) RESPONSES: One written responses received within the 200' notification area: • Mary Frances Frank Vandergriff, 2895 Selma Lane, Farmers Branch, Texas 75234, in favor. Seventeen (17) written responses were received outside of the 200' notification area: • George D. Thayer, 217 Eastwood Drive, Southlake, Texas 76092, opposed, "Does not comply with the Corridor Overlay Plan ... no more pad sites are desired." Diane Faughn, 215 Eastwood Drive, Southlake, Texas 76092, opposed, "This does not conform to the Corridor Overlay Ordinance ... C-2 is already across the street ... amounts to 'spot zoning'." 8A-1 • John G. and Martha Taylor, 209 Eastwood Drive, Southlake, Texas 76092, opposed, " ...does not fit with the plan of the Corridor Overlay Ordinance ... already plenty of commercially zoned real estate ... would set precedence for 'spot zoning' ... traffic safety problem ... restaurant crowds site." • Jerry Adcock 204 Westwood Drive, Southlake, Texas 76092, opposed, "I have no objection to Office (0-1) zoning for this tract but I don't believe "C-2" is appropriate in the close proximity to residential." • George and Corrine Tuttle, 219 Eastwood Drive, Southlake, Texas 76092, opposed, "This would not comply with the current Corridor Overlay. We are concerned that this would be encouraging 'spot' zoning." • Karen Markum, 219 Westwood Drive, Southlake, Texas 76092, opposed, "Interferes with current Corridor Overlay causing spot zoning AGAIN if passed." • Dennis and Pattie Minder, 223 Eastwood Drive, Southlake, Texas 76092, opposed, "...opposed to "C-2", in favor of "0-1" designation. ...restaurants should be on north side of 1709 and west of Wal-Mart. Goes against Corridor Overlay ordinance and you would once again have spot zoning." • Russell W. Leavens, 228 Westwood Drive, Southlake, Texas 76092, opposed, "the addition of a spot zoning issue to the (agenda) is a waste of time ... a restaurant at this location will once more cut the value of property ... conflicts with the Corridor Overlay in the master plan ... keep in mind the Boxies Restaurant in Grapevine." • Pat Morgan, 210 Westwood Drive, Southlake, Texas 76092, opposed, "...does not fit with the Corridor Overlay ordinance ... will have plenty of commercial property across the street ... safety problem with high traffic in the area." • Darrell McNutt, 212 Westwood Drive, Southlake, Texas 76092, opposed, "Property values will decline, ...traffic." • Michael A. Schroetke, 211 Eastwood Drive, Southlake, Texas 76092, opposed, see attached letter. • Gary Miron, dba The Hub, 1675 E. Southlake Blvd., Southlake, Texas 76092, in favor, "I am sending this fax in support of the Cotton Patch Cafe, Case # ZA 96-53." • Jan Miron, Southlake Executive Suites, 1695 E. Southlake Blvd., Southlake, Texas 76092, in favor, "I am sending this fax to voice my support for the Cotton Patch Cafe. ...As I own property across the street from the proposed Cafe, I would enjoy a nice place to eat lunch and or dinner without having to go into Grapevine. Please convey my support of this Cafe to the City of Southlake Zoning Board. Thank You very much." • Dan Johnson, Interactive Training Solutions, phone 817-329-8460, in favor, "I would like to voice my support for a new Cotton Patch Cafe on E. Southlake Blvd. across from the new Kroger. It would be 8A-2 . a great addition to the area. Thank you for considering their application." • Pamela Fagan, Interactive Training Solutions, phone 817-329-8460, in favor, ""I would like to voice my support for a new Cotton Patch Cafe on E. Southlake Blvd. across from the new Kroger. It would be a great addition to the area. Thank you for considering their application." • Ann M. Paul, American Financial Alternatives, phone 817-329-8460, in favor, "I would like to voice my support for a new Cotton Patch Cafe on E. Southlake Blvd. across from the new Kroger. It would be a great addition to the area. Thank you for considering their application." • Lina McCabe, American Financial Alternatives, phone 817-329- 8460, in favor, ""I would like to voice my support for a new Cotton Patch Cafe on E. Southlake Blvd. across from the new Kroger. It would be a great addition to the area. Thank you for considering their application." • Seventy-four (74) written responses, in favor, were received outside of the 200' notification area. These letters of support stated, in part, "... Across the street from the Kroger is a good location for a restaurant. The new light will allow easy access to and from the site. I have heard good things about the Cotton Patch and feel that it would greatly benefit the community." P & Z ACTION: May 23, 1996; Denied (5-0). July 18, 1996; Approved (7-0) to table and continue public hearing until August 8, 1996. August 8, 1996: Denied (6-1) COUNCIL ACTION: June 4, 1996; Approved (7-0) to remand ZA 96-53 back to the Planning and Zoning Commission for their June 20, 1996 meeting. [Due to lack of a quorum at the June 20, 1996 meeting, this item was continued until the July 18, 1996 meeting.] August 20, 1996; Approved to table until the September 17, 1996 City Council Meeting. September 17, 1996; Approved (6-0) to table until the October 1, 1996 City Council Meeting. STAFF COMMENTS: The applicant has met all items in the Plan Review Summary No. 1 dated May 17, 1996 and Plan Review Summary No. 2 dated May 31, 1996, with the exception of those items addressed in the Plan Review Summary No. 3 dated July 12, 1996. e 8A-3 L:\WP-FILES\MEMO\96CASES\96-053ZC.WPD Due to the Commission's recommendation to deny, a super -majority vote (6 of ') of the City Council will be required to approve this request. 8A-4 Planning and Zoning Commissioners May 20, 1996 c/o Karen Gandy Planning and Zoning Administrator City of Southlake 667 North Carroll Avenue Southlake, TX 76092 Re: ZA 96-53; Cotton Patch Cafe Dear Commissioners, In considering the above mentioned matter, please take into consideration the intent of the Corridor Overlay Study which was adopted as ordinance 480-S. The recommendations set forth in that study "are intended as a guide for decisions on zoning within the Corridor Overlay Zone" (Page 26). It further anticipates that an "update of the Comprehensive Land Use Plan will incorporate these recommendations in the evaluation of future land uses near the corridors" (Page 26). The Land Use Recommendation Exhibit shown in the study (Page 28) suggests that the south side of Southlake Boulevard between Kimball and Carroll be limited to office zoning. Retail is recommended only at the intersections of FM1709 & Kimball, and FM1709 & Carroll. The plan before you suggests we ignore the ordinance. By allowing the restaurant pad site in the proposed concept plan, we will be "spot" zoning a C2 use in an area clearly recommended for office uses. Simply because Council has yet to update the Land Use Plan as the study recommends does not justify approving a C2 use in this area. For the above reasons, I am opposed to the zone change being requested for this site. Show the city Council you are in full support the Corridor Overlay Ordinance by voting no on ZA 96-53. Sincerely, 211 Eastwood Drive Souhlake, TX 76092 (817) 424-0009 8A-s . K I --- — ta- Ac 1 SAW UST MQIIAND S1RE[r R�Ic a � 1F VI' r — ,E IDIA I 102A Ic 60.1 Ac 1 k 1A1 (RICH RD EA®S 1A Fy z 3 281A 2C1 5 H � 2cl j SA i } 2A 5A x s Ac , 3m :k 1 221t Ac n l6c Sul 7A 30.6 Ac E h,.;�- 2At 6 A � i1 1 1 Ic IA 2D y� 2E1 � t SAI 502 u�• a75 Ac sou _ 5028 SpG 5f.1M d.75 Ac �.A.I.L i 4�r it 3A �..\ 3 50 i ' SA3A1 I .I SA3 SN ! � W Ls sr sx THONA3 --ail HAN SIDI SAWY A—r i< I ��> 5946 ZBI 2l11 2Bs 2s2 2!1 296 t --iSUA 14F 00 'SD •� W 3m I m aD >t a 211 _rdn z� �_ 5878 SOu lea ,e n2 , 581 THWEST PKWY EASTx 3n e I sa 39 m ,VA 1 102 1828 `� 15 Ac r_ f tBI — — 2A2 i 2 2A3 2AIA 2AtA ' A �4 3 Ac 2AI9 2 t i ux Ic WA 2AI 1 12 09 Ac 1�. ItA 10 p ItE I Ac 3A IA o NO (� 116 Ac --�---•� 2` JD IID 2 ;;i•ci 1103 ��_) i EA' 6G 4AI --r tg ul4 i 1 i ' } i 1 11D1 IAO �J GK1 20 Ac I 1 • HALM C t t eAaeow sr. 6AI ki I i t t VA 2A 20 x, -- ---- 5 t = ` 1 IA2 6"1: =Ac L' �t =rFE � � 683 60 681 IA 2c y� i 1 3 43A1 Ac TRACT MAP SA-6 j ' mt i�D5A1 11D4 3 3 = (;RAPEN 6.15 Ac E� a �D 61 Ac jRAR --- -- --- --- 62 J. Farrar "C--3" ' a 884 1� 4.9 State of Texas R.O.W. i-SOUTHf,-AKK iR •047 ® to T 51 ABC nc_1 n �� 1R -,Ell/ 1R.182A1 .091 lA � p 1R. 1 B2A _ 2 .a09 A Tele-Support ( = oG1@ 2 %26 AC IP 1e7P ap - lie �• p 1 :.,O_1 O AG" M. Zembrod B. Willan M. Frank 2 3B 158 ® — 3 4 �a i 5 k 6 s 7 F. l 22 24 23 21 FREEE J•A• SCR 5 A29 r -- Spin Representative #8 Pattie Minder / 19P 1 I I ►CENT OWNERS ►ND ZONING -- G: 1 7 P `� 8A-7 _- City of Southlake, Texas No: %i %t 53 Review No: Three Date of Review: 7/12196 APPLICANT: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/08/% AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787. 1. The zoning of this site will create a "split tract zoning" which is not allowed and would also leave the remaining south portion of the parent tract with no street frontage. 2. An additional 119' of access easement must be obtained from the adjoining property owner to the west in order to access the proposed entrance to the site. * Building articulation requirements will not be reviewed at the Concept Plan level. This issue will be addressed upon review, of the Site Plans. Please note that vertical and horizontal building articulation meeting the requirements of Ordinance 480, Section 43.9, Corridor Overlay Zone Regulations, will be required on the north, east and west proposed building facades of the Cotton Patch Cafe Site, and the north, east, south and west proposed building facades of the General Office Site. * Although no review of required parking or interior landscape is provided at the Concept Plan level, staff strongly recommends that the lot be evaluated for compliance with the off-street parking requirements per Ord 480, Section 35, and the interior landscape area requirements per the Landscape Ordinance No. 544 prior to preparation of any site plans. The applicant should be aware that all areas, intended for vehicular use must be of an all weather surface material in accordance with the Zoning Ordinance and all fire lanes must be per the City Fire Department. * 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. I * The applicant should be aware that prior to issuance of a building permit, a plat must be processed and l approved by the City and filed of record in the County Plat Records, a site Plan, landscape Plan, and irrigation plan along with the building plans must be submitted for approval and all required fees must bepaid. 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. 8A-8 City of Southlake, Texas * Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking areas meet the "allweather surface" requirement in the Zoning Ordinance. ` All fire lanes must be per the City of Southlake Fire Department. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 7/22/96. 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 include an 11 " x 17" revised reduction. * Denotes Informational Comment cc: Cotton Patch Cafe, Inc. M & P Investments 8A-9 I, A A 4 i�► 2� — - — - — - n� raa"eamtwce ELw.-------- ----R �' sill VILLAGE CM. I w—r---- — '� r------ -------------- 8A-10 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-199 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 der 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 (40., 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 G:\0RD\CASES\480-199. WPD ` Page 1 8A-11 facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general, welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September,1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a&JJJJacre tract of land situated in the G:\ORMCASEM480-199. M Page 2 8A-12 and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from to NOWNWAMNIMMas depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. 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 G:\ORD\CASES\4WI99.WPD Page 3 8A-13 until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of 11996. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. MAYOR G:\0RD\CASES\480-199. WPD Page 4 8A-14 ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: G:\0RD\CASES\480-199. WPD Page 5 8A-15 0 EXHIBIT "A" BEGINNING AT A 1/Z' IRON PIN FOUND IN THE SOUTH R.O.W. LINE OF SOUTHLAKE BOULEVARD (F.M. HIGHWAY 1709), FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHEAST CORNER OF LOT 2, JOHN A. FREEMAN NO. 529 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARW4NT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN CABINET A, SLIDE 2473, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 89 DEGREES 54 MINUTES 58 SECONDS EAST 220.00 FEET ALONG SAID R.O.W. TO A 1/2" IRON PIN SET FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED. SAID POINT ALSO BEING LOCATED IN THE WEST LINE OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 3926, PAGE 504, DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE SOUTH 00 DEGREES 04 MINUTES 56 SECONDS EAST 220.50 FEET ALONG THE WEST LINE OF SAID TRACT DESCRIBED IN VOLUME 3926, PAGE 504, TO A 1/2" IRON PIN SET FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 89 DEGREES 22 MINUTES 53 SECONDS WEST 214.78 FEET, TO A 1/2" IRON PIN SET IN THE EAST LINE OF SAID LOT 2, JOHN A. FREEMAN NO. 529 ADDITION FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED. THENCE NORTH 01 DEGREES 15 MINUTES 54 SECONDS WEST 222.SS FEET.ALONG THE EAST LINE OF SAM LOT 2, JOHN A FREEMAN NO. 529 ADDITION TO THE'POINT OF BEGINNING AND CONTAINING 1.10 ACRES OF LAND, MORE OR LESS. GAORMCASEM480-199.WPD Page 6 8A— 16 i 1 1 1 1 I 1 I 1 I� I I It I� 1 1 I I 1 I • , w•a. eso-ZO - — --------------� .Pr :1 -- lliY• AYLII OC E� 'YY liIW / • Fj7 3AAiO �ua� 39Y11IA °� i!r S � "Gn�a 3�1�u1106 60C1 wd 1 �i jiar.auom.a. -w=r 9 1 _ [::'�:•':•M ARii•,.!•`,�tit'.'. 1 st- (L I' In 11111a a� f :;}.Yg I 1 I • Nilin 6 4� :s AA AA AA AA • A I1 ii 3m.... M�� . „t. s 1 3iv 1 aad Sc d AA as 44 InkQ ° ¢ I 190 Oif �44 + i — I I I . III I tit 1§ 1 +• • Yw wtYryf G:%ORD\CASES\480-199. Page 7 EXHIBIT "B Aff a9 Tii OVIe[ MIVM• I E � M yp4 pC1 9Y fCl f 4 t • 11 1 E1`11 e � 6 .� I 1 cc 4i An f• AA __ 3a zr . as AA a • 0 49 a ; 1 b 9 9 r p •i �� 4 Q �i' !�! 11 lilt Oi9Ow.G,r i1 i i kill It IN City of Southlake, Texas STAFF REPORT September 27, 1996 CASE NO: ZA 96-115 PROJECT: Ordinance No. 480-218 - First Reading Rezoning / The Woods Addition STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Rezoning of approximately 17.082 acres situated in the J. J. Freshour Survey, Abstract No. 521, Tract 1 LOCATION: Southeast corner of the intersection of Florence Road and Pearson Lane OWNER: V.T. Cross APPLICANT: Bryant Real Estate, Inc. CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF -IA" Single Family Residential District LAND USE CATEGORY: Medium Density Residential (may include limited low intensity office and/or retail uses) NO. NOTICES SENT: Fourteen (14) RESPONSES: None P&Z ACTION: September 19, 1996; Approved (7-0) rezoning for The Woods Addition STAFF COMMENTS: Please note that a change of zoning to the "SF -IA" Single Family Residential District does not require a Concept Plan Review by Staff. L:\WP-FILES\MEMO\96CASES\96-115Z.WPD am yl A-0 C4 Lrf- %T r --------- ----------- --- — ------ B rou d L 04 e4l V- C. Iq owon 1141 W 1 cc IAVAXW" L--- — ---- 92 L.LL 8 i UI i 41 ?4 �a Rm NILj i l i i^ GO Ao rD IFMN LLa Li -a u �a u tLa u u mmmmmmmcaMca mm mN m my my mQ O O p 0 0 0 0 0 0 0 Q v cc v cr V CC CC Cl cr 2====LNLLLU LLLNLLLLLLLLLLL LL I I c -- -- —— — — — — —— Oe�NMtt�tDt� oo I N M LO ,- LO LL v ¢ R CcQ Q v F-• V F- . �•.' F. F. ' Y ` ' d m cu GN y 0 C O Y C `_ cc Y E E L= 0 C UN m C C 0 C Q-= L �� 3 3 E sAca Ew wcv0com 0t�wo—.ea00fu tuO �x20 00 =Stnm�$av=1-�Ci 0 II �vi6 02 GWp:V II t01`OOG�6er-eN-eM-e4-e6 -e(d-e~-Cd0; 3380A 80SONIM c m cv m Q u-) CD n dl d1SIn r Q iI C� CD lD (n m W m W W a Y Z o H I O Z per, Q � 01 L= . I I Z N� � _ W cl C:8 W Fa- CU Z a az_ O cu M > Cu 00 '' Cu "-i I ii U U w� U lL Q m Q Q m .Q •� mQ Q - Q v Tr v — T — CV C.D L� m a Q v Q v c i CM d' I N N T T T io T 10 Q F- Lo o o r � z Q J Q I W m CO � T n U 1IWI� JIlI� Q a a a 8B-3 3113N JO A110 LOQ LO aC m Ci Ui ccrn I l r ..... . .. z :2 t V al IS380A ... ......os aoscNI/A I I j,,-7Z3-3N'- NOS8 -4=m V9 zz F==El 8B cn rn 01) CQ LLJCL CO I Z L 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 INJIMIRMOM I der the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise L:\CTYDOCS\ORD\CASES\480-218.SFI Page 1 ' M, 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 17 082 acres situated in the John-T ,;F s , ` ey, -Abstrat t No. 521, Tract>1, and more fully and completely described in Exhibit "A" attached L: \CTYDOCS\OP D\CASES\480-218. SF 1 Page 2 am, • hereto and incorporated herein, from l _," to J� 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 Vie 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:\CTYDOCS\ORD\CASES\480-218.SFI Page 3 8B-7 Section 9. The City Secretary of the City of Southlake is hereby directed to publish the (420" 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. r Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1 st reading the day of , 1996. MAYOR ATTEST: (W CITY SECRETARY A PASSED AND APPROVED on the 2nd reading the day of , 1996. MAYOR L:\CTYDOCS\ORD\CASES\480-218.SFI Page 4 813-8 A A APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:\CTYDOCS\ORD\CASES\480-218.SFI Page 5 ATTEST: CITY SECRETARY A EXHIBIT "A" BEGINNING at the Northwest corner of the herein described tract, said point being at'the intersection of the South line of Florence Road and the East line of Pearson Lane, said point being, by deed calls in the above referenced deed,.22.4 South and 21.7 feet East of the occupied Northwest corner of said Freshour Survey, and from which said point a 5/8" iron at the Southwest corner of Vista Country Estates Addition to the City of Keller, as shown ..Trails on a plat of record in Volume 388-98,_,Page 16, Plat Records, Tarrant County, Texas, bears N. 150 - 53' - 36" E. 51.14 feet; THENCE N. 890 - 32' - 00" E. along the South line of sa'i'd Florence Road 1543.80 feet to a }" iron found in same at the Northwest corner of -a-tract described -.in a- deed to Buddy J. Sutton of -record- in Volume 5516, Page 328, Deed Records, Tarrant County, Texas; L4C E S. Oo - 24' - 04" E. 486.05 feet along the West line of the last referenced tract to a 3" pipe found in same at the Northeast corner of Vista Trail Addition to the City of Southlake, as shown on a plat of record in Volume 388-95, Page 3, Deed Records, .Tarrant County, Texas; THENCE S. 890 - 53' - 30" W. 856.50 feet along the North line of said Addition to a 3" iron found at t-he- Northwest corner of same, said point being the Northeast corner 'of Cot 1 of J. J. Freshour No. 521 Addition .to the City of Southlake as shown. -on a plat of record in Cabinet A, Slide 1825, P1at.Records, Tarrant County, Texas: THENCE S. 890 - 47' - 01" W. along the North line of said Lot 1 and continuing 690.50 feet to the Southwest corner of the 'herein described tract in the East line of Pearson Lane; THENCE N. 00 - 01' - 08" W. 477.67 feet along said East line to the POINT OF BEGINNING and containing 17.082 acres. L:\CTYDOCS\ORD\CASES\480-218.SFI Page 6 ' City of Southlake, Texas MEMORANDUM September 27, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Resolution 96-63 A Joint Resolution of Cooperation Between the Cities of Keller and Southlake; The Town of Westlake; Trophy Club Municipal Utility District No. 1; and Lake Turner Municipal Utility Districts (MUD) One, Two and Three, to Proceed with the Funding Analysis for Water Supply Alternatives for the Northeast Tarrant County Regional Water Supply BACKGROUND Southlake originated discussion with Fort Worth over the past two years for the need of an additional water supply and the possibility of a regional water supply concept. In April 1995, the Northeast Tarrant County Regional Water Supply Planning Report was prepared and has been used in various presentations to city councils. (See attached Figure ES-1.) Recently, the Director of Water Utilities for Fort Worth indicated that Fort Worth would be willing to maintain the transmission water mains within the regional system as the mains will also supply an additional "loop" to north Fort Worth and the racetrack. The Director requested a document to present Fort Worth City Council showing that the Northeast Tarrant County Regional Water Supply System was viable. Each one of the entities involved have talked to their councils or boards, however, no formal action has been requested. Therefore, the attached Resolution No. 96-63, which each entity is being asked to approve, is the first formal expression of each entity's desire to participate in the regional water supply system. There will be other documents for approval in the next year, such as inter -local agreements with: Trophy Club MUD No. 1 for connecting to their 21-inch water main; Keller and Westlake for construction of a 30-inch main; Fort Worth for their "uniform" contract and maintenance agreement; and maybe others. The Resolution is an expression of the City of Southlake's intent "to continue to work cooperatively toward the completion of a regional water supply system as stated in the final report". SUMMARY Staff requests that Resolution No. 96-63 be placed on the October 1, 1996 Regular City Council Agenda for their consideration. attachments: Figure ES-1 Resolution No. 96-63 Q%V/r*D76MWrD0aLtM 4fi3.MEM 9A-1 Akan Plummer and Associates. Iao. N.E. Tarrant County Water Supply Plan Project Improvements through the Year 2030 6.00 MIGD Ft. Worth i H. BEACH i TAW i i i i i Figure ES —I 9A-2 Legend TrOM1641an Una F.XMIM f ikoa* ------- ExM" R. Wwih ....«.«..«.. Year t"'r kmprowmaHe -- Year em k fe w w" -- Year k'.= k w w ws .•••�,•..^-• Year e0i0 fnprnnrsannb Nd*o UoaHw aid sties shown for proposed faclkt es we F*1Mwq. AdW radknps and tsoOw to be determbod dur" dekaled d"40. A RESOLUTION NO.96-63 A JOINT RESOLUTION OF COOPERATION BETWEEN THE CITIES OF KELLER AND SOUTIMAKE; THE TOWN OF WESTLAKE; TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1; AND LAKE TURNER MUNICIPAL UTILITY DISTRICTS (MUD) ONE, TWO AND THREE, TO PROCEED. WITH THE FUNDING ANALYSIS FOR WATER SUPPLY ALTERNATIVES' FOR THE NORTHEAST TARRANT COUNTY REGIONAL WATER SUPPLY. WHEREAS, the Northeast Tarrant County Regional Water Supply Planning Report prepared for the entities of the Cites of Keller and Southlake; the Town of Westlake; Trophy Club Municipal District No. 1; and Lake Turner Municipal Utility Districts One, Two, and Three, the development of a conceptual regional water supply plan through the year 2030 which has been completed; and WHEREAS, certain recommendations from said report necessitate the need for certain participating entities to proceed with further funding and water demand analysis in order to prepare for certain recommended capital improvements; and WHEREAS, it has been determined by the participating entities that a cooperative effort must continue between the entities in order that the objectives outlined in the planning report can be obtained for the mutual benefit of all water users of Northeast Tarrant County. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: Section 1: THAT, it remains the intent of the participating entities of the Northeast Tarrant County Regional Water Supply Planning Report to continue to work cooperatively towards the completion of a regional water supply system as stated in the final report. AND IT IS SO RESOLVED. Passed by a vote of to on this the day of .1996. 9A-3 ENTITY: BY: Name and Title: Rick Stacy_ favor ATTEST: Name and Title: Approved as to Form and Legality: RUN Name and Title: 9A-4 City of Southlake, Texas RESOLUTION NO. 96-64 RESOLUTION RETAINING HAYNES AND BOONE, L.L.P. AND HELM, PLETCHER, BOWEN & SAUNDERS, L.L.P. TO REPRESENT THE CITY OF SOUTHLAKE IN ITS FRANCHISE FEE DISPUTE WITH GTE WHEREAS, GTE Southwest Incorporated and/or related entities, (collectively, "GTE") provides telephone service to Individuals, businesses and other public and private entities within the corporate limits of the City of Southlake ("City") pursuant to a franchise granted by the City; and, WHEREAS, the City has reason to believe and does believe that GTE has failed and refused to pay franchise fees owed the City; and WHEREAS, GTE has refused the City's request for an audit of accounting records of GTE pertaining to the calculation and payment of franchise fees under the franchise granted GTE by the City; and WHEREAS, GTE has sued the City and other cities seeking judgment that GTE has fully paid all franchise fees, and for other relief; and WHEREAS, the City and other cities have sued GTE seeking to compel an audit of accounting records and to recover unpaid franchise fees and for other relief; and WHEREAS, the 10-person Mediation Committee formed by the City and other cities (comprising the Steering Committee of Cities Participating in the GTE Franchise Fee Dispute) for the coordination of their defense of the claims asserted by GTE against the cities and for the prosecution of the claims asserted by the Cities against GTE ("Mediation Committee), has recommended that the cities retain the law firms of Haynes and Boone, L.L.P. and Helm, Pletcher, Bowen & Saunders, L.L.P. (collectively, "Counsel") as attorneys for the cities for the defense of the claims asserted against the cities by GTE and for the prosecution of the claims asserted against GTE by the cities, on the terms described in the attached contract for legal services, which is attached to this resolution as Exhibit "A"; and WHEREAS, it is desirable and convenient for the City to appoint the Treasurer of the Steering Committee to serve as the City's agent and attorney -in -fact for the limited purpose of consenting to certain proposed scheduling orders and other procedural matters on behalf of the City; Now, therefore, be it RESOLVED by the City Council of the City of Southlake that the City Manager be and hereby is authorized to enter into a contract with Counsel, on behalf of the City of Southlake for legal services relating to this defense of the claims asserted against the cities by GTE relating to the payment of Franchise fees to the City by GTE and for the prosecution of the claims asserted against GTE by the cities relating to the payment of franchise fees to the City by GTE, and to �6 1 compensate Counsel in accordance with the terms and conditions expressed in the form of contract attached to this Resolution as Exhibit "A"; and be it further RESOLVED by the City Council of the City of Southlake that the City Manager be and hereby is authorized to execute the contract attached to this Resolution as Exhibit "A", and be it further RESOLVED by the City Council of the City of Southlake that Mike Bucek, First Assistant City Attorney for the City of Denton be and hereby is appointed the City's agent and attorney -in -fact for the limited purpose of consenting on the City's behalf (after obtaining a consensus for each such consent from the Mediation Committee) to various scheduling orders and other procedural matters relating to the defense of the claims asserted by GTE against the cities and for the prosecution of the claims asserted by the cities against GTE. PASSED AND APPROVED THIS THE DAY OF 1"6. A F4100WIN Sandra LeGrand, City Secretary A City of Southlake, Texas LM Mayor Rick Stacy Exhibit "A" OUTSIDE COUNSEL AGREEMENT This AGREEMENT is made between THE CITY OF SOUTHLAKE ("City") and the law firms of HAYNES AND BOONE, L.L.P. ("Haynes and Boone") and HELM, PLETCHER, BOWEN & SAUNDERS, L.L.P. (Helm, Pletcher) (collectively "Counsel") for professional services, subject to the terms and conditions, set forth below: 1. Scope of Representation. The City hereby retains Counsel to represent the City in the defense of claims asserted by GTE Southwest Incorporated and/or related entities (collectively, "GTE") against the City and other cities (collectively, the "Cities") and in the prosecution of claims asserted by the Cities against GTE relating to the payment of franchise fees by GTE to the Cities (all such claims are referred to collectively as the "Claims"). 2. Contingent Fee. Counsel will receive twenty-five percent (25 %) of the Gross Sum (as defined) of any settlement made prior to the start of jury selection in a jury trial (or the first introduction of evidence in the case of a non jury trial to the court). Counsel will receive thirty-three percent (33 %) of the Gross Sum (as defined) of any settlement or recovery made after jury selection starts In a jury trial (or after the first Introduction of evidence in the case of a non jury trial to the court). "Gross Sum" means the total recovery or settlement of money or other things of value after deducting the costs and expenses reimbursed to Counsel (Litigation Expenses paid pursuant to paragraph below) and any attorneys' fees awarded by a court for work done by Counsel. The City authorizes Counsel to require that any settlement check be made payable jointly to the Cities and Counsel and agrees that, after endorsing the check, it will allow Counsel to cash the same and make payment to the Cities of each respective City's portion of the Gross Sum recovered. 3. Non -Cash Settlements. If the Claims are settled in whole or in part by the Cities' receipt of anything of value other than cash, Counsel shall be entitled to receive, at the time of settlement, (in addition to payment of the applicable Counsel contingent percentage of any cash received) payment in cash of the applicable Counsel contingent percentage of the net present value of any non -cash consideration. Should the parties to this agreement fail to agree as to any subject of this paragraph, then the dispute will (like any other disputes relating to this Agreement) be resolved by arbitration pursuant to paragraph hereof. 4. Litigation Expenses. The Cities agree to pay or reimburse all reasonable costs and expenses of litigation up to the amount of $70,000,00. If and when such $70,000.00 has been expended, Counsel agree to advance future costs and expenses incident to the performance of legal services incurred on behalf of the Cities in connection with the Claims and the Cities agree Counsel are to be reimbursed for those costs and expenses out of any recovery or settlement before any monies are paid to the Cities. These costs and expenses include, but are not limited to, filing fees, expert fees and expenses, court reporter charges, fees and expenses of third -party litigation support services and/or trial consultants, photocopying, long distance phone charges, messenger services, travel expenses and computerized legal research charges. 5. Estimates. The City understands that any estimates provided by Counsel or the magnitude of expenses or fees that will be required at certain stages of any litigation asserting the Claims are not precise and that the kinds and amounts of expenses required are ultimately a function of many conditions over which Counsel has little or no control, particularly the extent to which the opposition files pretrial motions and engages in its own discovery, 6. Ownership or Partial Assignment of the Claims. The City hereby warrants that it is the sole owner of the Claims, To secure the performance of the City's obligations, as set forth in this Agreement, the City hereby transfers and assigns to Counsel an undivided interest in the Claims, such interest being equivalent to the amount or percentages that the City, by this Agreement, promises to pay for the services of Counsel. Should Counsel elect to terminate this Agreement under paragraph hereunder, they will release their interest in the Claims. 7. No Other Assignment or lien. The City agrees that it shall not assign in whole or in part or otherwise grant any lien against the Claims or the proceeds from it, other than the assignment granted by the preceding paragraph, without the prior written consent of Counsel. 8. Counsel's Right to Terminate. (A) Should the City elect to abandon any litigation asserting the Claims, should the conduct of the City seriously prejudice the prospects of successful prosecution of such litigation (including but not limited to the filing of a bankruptcy proceeding involving the City), should any willful failure by the City either to disclose material facts then Counsel shall have the right to terminate this Agreement as to the City and to demand and receive payment for all unreimbursed expenses Counsel advanced on behalf of the City prorated in accordance with the method previously used to assess costs among the Cities. (B) The City shall have the sole and exclusive right to accept or reject any offers for settlement of the Claims. However, the City shall have an obligation to weigh fully the opinions and recommendations of Counsel and shall not unreasonably withhold consent to a settlement proposal which in the good faith judgment of Counsel is a fair and reasonable basis for the disposition of the Claims. Should the City unreasonably withhold its consent to fair and (40.1 reasonable settlement, Counsel shall have the right to terminate this Agreement as to the City and to demand and receive payment for all unreimbursed expenses Counsel advanced on behalf of the City prorated in accordance with the method previously used to assess costs among the Cities. C. Should it become the opinion of Counsel at any time that the City's Claims lacks merit (for example, because of inability to verify the City's claims through witnesses, because of adverse developments in the law, or because of a material adverse change in the financial condition of GTE), then Counsel shall have the option to terminate this Agreement as to the City and be relieved of any obligation to participate in any pending litigation involving the Claims. (D) Should the City fail to, pay within 45 days of its receipt of each invoice the costs and expenses which it is obligated to pay under this Agreement, then Counsel may withdraw from further representation of the City, after written notice of Counsel's intention to do so. 9. Designation of Cities' Representative While Counsel recognize they are representing each individual City in connection with the Claims and are willing as reasonably needed to communicate individually with each City, the Cities recognize that a representative of the Cities should be designated to communicate with Counsel on day -today matters such as scheduling and procedural issues. The Cities (comprising the Steering Committee of the Cities Participating in the GTE Franchise Fee Dispute) have formed a 10-person Mediation Committee for the coordination of their defense of the claims asserted by GTE against the Cities and for the prosecution of the claims asserted by the Cities against GTE ("Mediation Committee"). The City hereby designates Mike Bucek, First Assistant City Attorney for the City of Denton to be the City's agent and attorney -in -fact for the limited purpose of consenting on the City's behalf, after obtaining a consensus for each such consent from the Mediation Committee, to communicate with Counsel regarding various scheduling orders and other procedural matters in connection with the prosecution and defense of the Claims. 10. No Guarantees. The City hereby acknowledges that Counsel have made no guarantees regarding the successful outcome of this matter and all expressions about the outcome are only opinions and are not warranties of any result or outcome. 11. Association of Co -Counsel. It is understood that Counsel may, at their expense, contract with other attorneys for the performance of certain work for the Cities in connection with the Claims and that Haynes and Boone and/or Helm, Pletcher may pay part of the fees they receive under this Agreement to such Attorneys for the services rendered by them. (0.1 12. The City's Acknowledgment. gQs The City acknowledges that It has consulted other counsel concerning the negotiation of this Agreement, the City has made sufficient investigation and inquiry to determine that this Agreement is fair and reasonable to the City, and that this Agreement was the product of arm's-length negotiation with Counsel. 13. Dispute Resolution. Any dispute arising out of, in connection with, or in relation to the interpretation, performance, or breach of this Agreement, including any claim of legal malpractice, shall be resolved, by final and binding arbitration conducted in Dallas, Texas, administered by and in accordance with the then existing rules of practice and procedure in arbitration of the American Arbitration Association, and any judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. 14. Severability. If any part of this Agreement shall for any reason be found unenforceable, the parties agree that all other portions will nevertheless remain valid and enforceable. 15. Integration. This Agreement represents the final and mutual understandings of the parties. It replaces and supersedes any prior agreements or understandings, whether written or oral. This Agreement may not be modified, amended, or replaced except by another signed written agreement. AGREED TO AND ACCEPTED BY: George W . Bramblett, Jr., Partner Haynes and Boone, L.L.P. 901 Main Street, Suite 3100 Dallas, Texas 75202-3789 Date J. Donald Bowen Date Helm, Pletcher, Bowen & Saunders L.L.P. 2929 Allen Parkway, Suite 2700 Houston, Texas 77019-2157 9�a-� 10 Curtis E. Hawk, City Manager Date City of Southlake ATTEST: Sandra L. LeGrand, City Secretary Date City of Southlake D:\WP-FILES\ORD-RES.AGR\GTE.DOC 11r ��eaee�e�eeee �O�As€�o�sesm ��Aa.AmeAusaannA �4J� 3�a Y°. ley i �� M A11 7F 5 m i ••FS � �, jjj n 7 V W td' a 3Ls d cc Y a LL p9 its alia 1 t� City of Southlake, Texas No: ZA 96-114 Review No: Three Date of Review: 9/27/96 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9MM 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 (81 481-5581, EXT. 787. 1. Change the street ROW to 60' in width and provide a 60' radius on the bubble. (P&Z Action 9/19/96. allow a 50' R O.; W. and 50' radius on the bubble) 2. The following changes are needed with regard to easements: A. Provide drainage and utility easements in accordance with the drainage and utility plans as approved by the public works department. B. If any, show the location of the 100 year floodplains and floodways per developed conditions. Designate flooways as drainage easement. 3. Proposed lot lines should be revised to be radial from the cul-de-sac. (P&ZAction 9119196. delete) 4. Provide a 30 B.L. on lot 2 along Keystone Court. (P&ZAction 9/19/96. allow 25' BL) P & Z ACTION: September 5, 1996; Approved (7-0) applicant's request to table until the September 19, 1996 Planning & Zoning Commission meeting due to the continuation of Case ZA96-112 and Case ZA96-113. September 19, 1996; Approved (6-1), subject to Staff Review Summary No. 2 dated September 13,1996 amending Item #3 from a required 60' R.O.W. and 60' radius cul-de-sac to a 50' right of way and 50' radius cul-de-sac; amending Item #41) to read "...if any" at the end of the sentence; deleting Item #5 (lot lines should be radial to cul-de-sac); modifying Item #6 changing the required setback on Lot 2 adjacent to Keystone Courtfrom a 30' BL to a 25' BL. of - LQ a # tl *is 1 �l a i I RAU"Hill : IS` j il, ;ii za ! ,„ ,u ! lid* S#j ,�� Al Ada x3 ��! 's ' xj �' � a�'i; �`ii • to :�� :l ! 14 ail City of Southlake, Texas STAFF REPORT September 27, 1996 CASE NO: ZA 96-117 PROJECT: Site Plan - Versailles Private Pool Facility STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Site Plan for a Private Pool Facility on property legally described as Common Area No. 1 (Community Center), Lot 1, Block 1, Versailles, being approximately 0.42 acres situated in the J. W. Hale Survey, Abstract No. 803. LOCATION: Northeast corner of the intersection of South Carroll Ave. and Bordeaux Court OWNER/APPLICANT: Versailles, Inc. CURRENT ZONING: "PUD" Planned Unit Development District LAND USE CATEGORY: Medium Density Residential (may include limited low intensity office and/or retail uses) NO. NOTICES SENT: Four (4) RESPONSES: None P&Z ACTION: September 19, 1996; Approved (7-0) subject to Staff Review Summary No. 1 dated September 13, 1996 amended as follows: continuing landscape screening on the northern side up to parking spaces as discussed; modifying Item #7D (requiring 1 space per 500 s.f. of deck and pool surface area) to reflect parking spaces as proposed and allowing them to be moved closer to the pool area to keep them out of the right of way; deleting Item #10 (prohibiting "head -in" parking); deleting Item # 11(requiring driveway spacing, throat depth and design in accordance to driveway ordinance); deleting Item #12 (requiring a 25' side setback along the north property line); amending Item #13 (prohibing building encroachment into 25' setback on the north) to allow building to be setback 17' from the north property line. STAFF COMMENTS: L:\WP-FILES\MEMO\96CASES\96-117SP.WPD City of Southla�-- The applicant has dated September 1 attached Staff Rev 7G- 09%24/96 TOE 16:07 FAX 214 638 0447 C & B DALLAS Idj002 IWMW Carterzi Burgess 31 Consultants in Engineering, Architecture, Planning and the Environment September 23, 1996 Ms. Karen Gandy Zoning Administrator 667 N. Carroll Avenue Southlake, Texas 76092 Reference: Case NO. ZA 96-117 Site Plan for Versailles Addition Private Pool Dear Karen: READ SEP 2 41996 In submittal and review of this Site Plan, certain staff review comments which are based on CS zoning district guidelines have been discussed with the City staff and Planning and Zoning Commission. These instances arise primarily where the requirements of the CS zoning district were not drafted with a private community pool facility in mind. We are providing information on these same items for the City Council to review prior to consideration of this Site Plan. The issues which we respectfully request like to discuss are: Parking Amount: Staff has indicated that "1 car per 500 s.f. of pool/deck° is an unwritten guideline. This would equate to 18 parking spaces required. However, Versailles has only 104 lots. We feel that for pools such as this the amount of parking is more appropriately a fraction of the total of lots in the subdivision. In other communities in Southlake, the required parking as a fraction of the total number of lots is indicated below: Total Parking Parking as WA Spaces % of Lots Timber Lakes 421 17 4% Southridge Lakes 385 38 10% in Southridge takes, the same parking also serves community tennis courts, which are not present in Versailles. Additionally, Versailles is a small neighborhood. Our experiences in other developments is that community pool users primarily will walk or bicycle, unless the distance is too great. All of the lots in Versailles are within easy walking distance of the pool. We propose to provide nine parking space (9% of the lots) which should be more than necessary. Carter & Burgess, Inc. 7950 Ornbrook Suite 250 (214) 638-0145 Metro (2141 263-2019 IC-7-3 Dallas, Texas 75247-4951 Fax (214) 638-0447 09/.24/96 TUE 16:09 FAX 214 638 0447 C & B DALLAS 16003 (WseptemberREC'D SEP 2 41996 23, 1996 Ms. Karen Gandy Page 2 parking LgnfigWMJLQn: The size of the site restricts the options we have for parking configuration. In order to comply fully with the Driveway Ordinartce No. 634 requirements, we would be forced to reduce the size od the pool and decking. We propose, as an alternative, to be allowed to maintain the head4n parking configuration, but to extend the head - in spaces so that the entire space is located outside of the public right-of-way. This should accommodate the intent of the City regulations, while allowing more of the site to be used for recreation than for parking lot pavement. Setback _Reauirement: The 25 foot setback from the adjacent single family lot is another which we feel was not drafted with an amenity such as this mind. The pool itself is situated on the opposite side of the site from the adjacent lot. The one story pool building should have minimal impact on the adjacent lot. On the other side of the same lot, a 2-Yz story house can be constructed 10 feet from the lot line, having significantly more impact. We request that the 17 foot pool building setback which we have provided be approved. The Planning and Zoning Commission, in the September 19, 1996 meeting, allowed us to present these issues. The Commission agreed that these are valid concerns, and the motion for approval included provisions to accommodate each of these requests. The motion was carried unanimously. We hope that the City Council will also consider these as reasonable resolutions to these issues. We look forward to discussing these with the members of the Council on October i , 1996. Sincerely, CARTER & BURGESS, INC. Don E. Allen, P.E. Associate DEA/dmy 9333=1.L21 rlc 15 E 2C 3 ZB7 —U 2CI 5 Sci E 2C: HAM 3A bu I I i 5A TRACT MAP ZA96-117 _10 A JD3 3C W 3 Ac 2AI- 7.665 Ac 14 3 3D11 DI 3D2 3 Ac IDIA 30 -1�4 W 3C 38 4G 40 A 381 jk Ac 1M 56 Ac GO 30.6 Ac 3DI 15 L-- 22.11 Ac A V/ \4 4+4-4-4-il- -4 iHT 20 Ac 50.71 Ac 4F ........ Ul 0 , iy- 7x %2 mm- --- ------- 5m 5811 IB3 IB NORTHWEST PKWY X EAST 364 38 EAST SWTHLAKE BL%_O. 2 28 1B2A IB2 18 Bm 2C 15 Ac 20 1:1 2A . --" 2AI 2A.3 Ac 2 ri 2A Ic 2A3A 12.09 Ac ID I 3 -[ 71A ." O�N A 13.6 Ac JD 2 EK 6GI 4A11 I T. y 4A SK 4C 20 Ac limi 1104 , 48 383 3 4A RAINBOW Sr. 6AI 6AI 3 Ac 6.15 At -= SAI —2A — 20 ==p 2CII 6A I lA2 IA V 2C 6B3 1 68 681 WA I 6c 10 Ac lo 13.4.4c 682 1� 6c 6D 6E 43.01 AC T177`7 % 6F W % CDOW, EAST CONTINENTAL I L F IA 8 Is 1BI IA 2 � ?ArgU- "IwMK lal 2 17 Ac 1 Ac 1P is* IBIOG IDITT im No 15.6 Ac 2A3 < m I 184 Isam I&G VM2 lin 1 4 Iw 196E 3912 281 ZA2 ID 3� I T 1 I '05 INN lot NKJ 184S -W4R— IW4 184U 184U IWI 196D Im RON 0.1% Ac 2EI — IM6 INA low -im— ION Ac I X4 31.61 Ac low IB10 I IBM 1B9c I I Im.2 W 5,31 Ac 04L I 4A 187C 167A IE 2E6 103 i 48 A 2(;1 2H 2G 2E7A HARMON DECKER 1A, 2E SERWY A-456 jpNG 2 A 2KI A 2G , ML)s D,L)m 2 30 At , 481 JON 2J Gm 10 1% 3 SU WY A-591 1 17 ADJACEN_f_ UWNtKb AND ZONING SPIN REPRESENTATIVE #8 PAT MINDER ZA96-117 "AG„ C.A. Prade "AG,. CL Lakes of La Paloma IR 4A 2.0 AC Rucker Family Ltd. Prt. "AG" , 1R BAIA 1.0 ^t� G I 8A2 2.U2 AC I 8A 1.90 AC .� ..34- s -- - 9 10 1 1 12 1 3 1 1= f,A t t tC? t tpg t tnF t t0• �:�p. .d ' ,, 4 n,. tIT5 ti a i C1 - t q - - - — RiJ Q TRtR3 "PUD" M. Kercho TR IA 67) � Mil Po I | � | Q @ u § .' ) /|�■�,% ! ■ i/ ■ 2 e! ■- R- $ j 2 | a( • . , ^ ■ 9 � \ } ■ k ' �� ■|k | ' ! 01 - |■■- de) �) ■ ■ � ||e..)■■; PF - :)|�:�,- |M -Z ©. "R \ City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No: ZA 96-117 Review No: Two Date of Review: /9 27/96 Project Name: Site Plan - Versailles Private Pool Facility, Common Area No 1(Community Center) Lot 1. Block 1. Versailles APPLICANT: Versailles Ltd. 8333 Douglas Avenue, Suite 1300 Dallas, Texas 775225 Phone: 214) 691-5300 Fax: (214) 691-8899 SURVEYOR: Carter & Burae 7950 Elmbrook Drive. Suite 250 Dallas. Texas 75247 Phone: 214) 638-0145 Fax: (214) 638-0447 Attn: David Hollander CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/23/96 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 ORNEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787. 2'.y£S;2?±dFnYXi'F.iE+3:oa7?64�ki' .... .....;;i'.`.fi .......... .... .. ...... ... ..... ... ... 1. Correct the lot number for the lot adjoining the north line to Lot 2, Block 1. 2. No pavements are allowed within the required bufferyards. A portion of the north and west bufferyards are encroached by proposed pavements. The following changes are needed with regard to the Site Data Summary Chart: A. Correct the Site Coverage Percentage to reflect the percentage of lot area covered by the proposed pool building (restroom/storage facility). Site coverage would appear to be approximately 6%. B. Correct the required parking area to reflect 1 space per 500 s.f. of deck and pool surface area. (P&ZAction 9/19/96. modem to reflect parking spaces as proposed and allowing them to be moved closer to the pool area to keep them out of the right of way) 4. Provide "off-street" parking in accordance with the Zoning Ordinance No. 480, as amended, and the Driveway Ordinance No. 634. No "head -in" parking is allowed. All maneuvering for off-street parking must be located outside of street R.O.W.. Required parking should be determined at 1 space per 500 square feet of deck and pool area as determined by the City Zoning Administrator. It appears that 19 parking spaces would be required for this site. (P&ZAction 9119196: delete) 5. Any proposed driveways into the site must be in compliance with the spacing, throat depth and design criteria for non-residential uses per the Driveway Ordinance No. 634. (P&ZAction 9119196: delete) 6. Correct the north building setback line to a 25' foot setback line. (P&ZAction 9119196: delete) 7. Correct the location of the proposed building such that it does not encroach the required 25' setback line along the north. (P&ZAction 9119196: allow building to be setback 17' from the north property line) City of Southlake, Texas 8. Proposed fencing at the southeast corner cannot encroach the site triangle shown in Appendix 10 of the Subdivision Ordinance No. 483, as amended. * This review is based on the "CS" Zoning District. * Delete plant locations and specific species from the plan. No review of the landscaping is intended with this plan. Landscape and irrigation plans meeting the requirements of Ord. 544 will be required prior to the issuance of a building permit. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a 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. P&ZACTION.• September 19, 1996; Approved (7-0) subject to Staff Review Summary No. I dated September 13, 1996 amended as follows: continuing landscape screening on the northern side up to parking spaces as discussed, modifying Item #7D to rejlect parking spaces as proposed and allowing them to be moved closer to the pool area to keep them out of the right of way; deleting Item #10, deleting Item #11; deleting .Item #12; amending Item #13 to allow building to be setback 17' from the north property line. Denotes Informational Comment cc: Versailles Ltd Carter & Burgess LAWP-FILES\REV\96\96-117SP.2 7��9 I I I I I _I INV— I I Y a I � I I I "Ormfigniquo3 = ar,. uo a avxuVV=M tm vn A DV,4 'IOOd aLVAIUa - s-a-riivsuaA 8� r�X 11*" M101. TNI�I�I �,� Ak � j Ibl iI R aa>E c rn cn 09 a L o 5 La co ' meRosoes ORE00 ssis 7G /® IN nerusuJOND, 3D NO6 A.LI'IIDH3 'IOOcI 3'.LVARId — S"3TIIVS daA fag .E� .a Y YES Y_: e; Oj M a ; X� N �i m� N Lu . zL c e 9 Nil: 11911 u614 MIWA1 _ ww ssrnvsra� eg a3pp qz i< d4 all t`k k i '1z 1,1 Fill -rC-.7-ll City of Southlake, Texas STAFF REPORT September 27, 1996 CASE NO: ZA 96-53 PROJECT: Ordinance 480-199, First Reading Rezoning and Concept Plan/Cotton Patch Cafe STAFF CONTACT: Karen P. Gandy, Zoning Administrator 481-5581, Ext. 743 Dennis Killough, Planner I 481-5581, Ext. 787 REQUESTED ACTION: Rezoning and Concept Plan for property described as being approximately 1.10 acres situated in the John A. Freeman Survey, Abstract No. 529, being a portion of Tract 2. LOCATION: On the south side of E. Southlake Blvd. (F.M. 1709), being approximately 450' east of the intersection of E. Southlake Blvd. (F.M. 1709) and Westwood Dr. OWNER: Mary Frances Frank Vandergriff APPLICANT: M & P Investments CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Mixed Use (office, commercial, retail, public/semi-public, low density residential and medium density residential uses) CORRIDOR RECOMMENDATION: Office Commercial (Same as in CS, 0-1, 0-2, B-1, HC, MF-1, and MF-2 districts) NO. NOTICES SENT: Seven (7) RESPONSES: One written responses received within the 200' notification area: • Mary Frances Frank Vandergriff, 2895 Selma Lane, Farmers Branch, Texas 75234, in favor. Seventeen (17) written responses were received outside of the 200' notification area: • George D. Thayer, 217 Eastwood Drive, Southlake, Texas 76092, opposed, "Does not comply with the Corridor Overlay Plan ... no more pad sites are desired." Diane Faughn, 215 Eastwood Drive, Southlake, Texas 76092, opposed, "This does not conform to the Corridor Overlay Ordinance ... C-2 is already across the street ... amounts to 'spot zoning'." 8A-1 (4m." • John G. and Martha Taylor, 209 Eastwood Drive, Southlake, Texas 76092, opposed, " ...does not fit with the plan of the Corridor Overlay Ordinance ... already plenty of commercially zoned real estate ... would set precedence for 'spot zoning' ... traffic safety problem ... restaurant crowds site." • Jerry Adcock 204 Westwood Drive, Southlake, Texas 7609Z opposed, "I have no objection to Office (0-1) zoning for this tract but I don't believe "C-2" is appropriate in the close proximity to residential." • George and Corrine Tuttle, 219 Eastwood Drive, Southlake, Texas 76092, opposed, "This would not comply with the current Corridor Overlay. We are concerned that this would be encouraging 'spot' zoning." • Karen Markum, 219 Westwood Drive, Southlake, Texas 76092, opposed, "Interferes with current Corridor Overlay causing spot zoning AGAIN if passed." • Dennis and Pattie Minder, 223 Eastwood Drive, Southlake, Texas 76092, opposed, "...opposed to "C-2", in favor of "0-1" designation. ...restaurants should be on north side of 1709 and west of Wal-Mart. Goes against Corridor Overlay ordinance and you would once again have spot zoning." • Russell W. Leavens, 228 Westwood Drive, Southlake, Texas 76092, opposed, "the addition of a spot zoning issue to the (agenda) is a waste of time ... a restaurant at this location will once more cut the value of property ... conflicts with the Corridor Overlay in the master plan ... keep in mind the Boxies Restaurant in Grapevine." • Pat Morgan, 210 Westwood Drive, Southlake, Texas 76092, opposed, "...does not fit with the Corridor Overlay ordinance ... will have plenty of commercial property across the street... safety problem with high traffic in the area." • Darrell McNutt, 212 Westwood Drive, Southlake, Texas 76092, opposed, "Property values will decline, ...traffic." • Michael A. Schroetke, 211 Eastwood Drive, Southlake, Texas 76092, opposed, see attached letter. • Gary Miron, dba The Hub, 1675 E. Southlake Blvd., Southlake, Texas 76092, in favor, "I am sending this fax in support of the Cotton Patch Cafe, Case # ZA 96-53." • Jan Miron, Southlake Executive Suites, 1695 E. Southlake Blvd., Southlake, Texas 76092, in favor, "I am sending this fax to voice my support for the Cotton Patch Cafe. ...As I own property across the street from the proposed Cafe, I would enjoy a nice place to eat lunch and or dinner without having to go into Grapevine. Please convey my support of this Cafe to the City of Southlake Zoning Board. Thank You very much." • Dan Johnson, Interactive Training Solutions, phone 817-329-8460, in favor, "I would like to voice my support for a new Cotton Patch Cafe on E. Southlake Blvd. across from the new Kroger. It would be 8A-2 a great addition to the area. Thank you for considering their application." • Pamela Fagan, Interactive Training Solutions, phone 817-329-8460, in favor, ""I would like to voice my support for a new Cotton Patch Cafe on E. Southlake Blvd. across from the new Kroger. It would be a great addition to the area. Thank you for considering their application." • Ann M. Paul, American Financial Alternatives, phone 817-329-8460, in favor, "I would like to voice my support for a new Cotton Patch Cafe on E. Southlake Blvd. across from the new Kroger. It would be a great addition to the area. Thank you for considering their application." • Lina McCabe, American Financial Alternatives, phone 817-329- 8460, in favor, ""I would like to voice my support for a new Cotton Patch Cafe on E. Southlake Blvd. across from the new Kroger. It would be a great addition to the area. Thank you for considering their application." • Seventy-four (74) written responses, in favor, were received outside of the 200' notification area. These letters of support stated, in part, "... Across the street from the Kroger is a good location for a restaurant. The new light will allow easy access to and from the site. I have heard good things about the Cotton Patch and feel that it would greatly benefit the community." P & Z ACTION: May 23, 1996; Denied (5-0). July 18, 1996; Approved (7-0) to table and continue public hearing until August 8, 1996. August 8, 1996: Denied (6-1) COUNCIL ACTION: June 4, 1996; Approved (7-0) to remand ZA 96-53 back to the Planning and Zoning Commission for their June 20, 1996 meeting. [Due to lack of a quorum at the June 20, 1996 meeting, this item was continued until the July 18, 1996 meeting.] August 20, 1996; Approved to table until the September 17, 1996 City Council Meeting. September 17, 1996; Approved (6-0) to table until the October 1, 1996 City Council Meeting. STAFF COMMENTS: The applicant has met all items in the Plan Review Summary No. 1 dated May 17, 1996 and Plan Review Summary No. 2 dated May 31, 1996, with the exception of those items addressed in the Plan Review Summary No. 3 dated July 12, 1996. e 8A-3 L:\WP-FELES\MEMO\96CASES\96-053ZC.WPD 0 Due to the Commission's recommendation to deny, a super -majority vote (6 of ') of the City Council will be required to approve this request. 8A-4 Planning and Zoning Commissioners May 20, 1996 c/o Karen Gandy Planning and Zoning Administrator City of Southlake 667 North Carroll Avenue Southlake, TX 76092 Re: ZA 96-53; Cotton Patch Cafe Dear Commissioners, In considering the above mentioned matter, please take into consideration the intent of the Corridor Overlay Study which was adopted as ordinance 480-S. The recommendations set forth in that study "are intended as a guide for decisions on zoning within the Corridor Overlay Zone" (Page 26). It further anticipates that an "update of the Comprehensive Land Use Plan will incorporate these recommendations in the evaluation of future land uses near the corridors" (Page 26). The Land Use Recommendation Exhibit shown in the study (Page 28) suggests that the south side of Southlake Boulevard between Kimball and Carroll be limited to office zoning. Retail is recommended only at the intersections of FM1709 & Kimball, and FM1709 & Carroll. The plan before you suggests we ignore the ordinance. By allowing the restaurant pad site in the proposed concept plan, we will be "spot" zoning a C2 use in an area clearly recommended for office uses. Simply because Council has yet to update the Land Use Plan as the study recommends does not justify approving a C2 use in this area. For the above reasons, I am opposed to the zone change being requested for this site. Show the city Council you are in full support the Corridor Overlay Ordinance by voting no on ZA 96-53. Sincerely, 211 Eastwood Drive Souhlake, TX 76092 (817) 424-0009 8A-5 4 W 10.94 Ac It SAID SAIA _ _ FAST MQIWNO 51REEi fit o - -- — jzaj LL E3 i lE 18 1 1C IA Tp L � � 7 IDIA +02 0 102A Ic ZAP, 00.1 Ac —I I t IAt✓' RICH RD EA®S 3A rsr A-,m, I IA y _� f. I >> 5r suncr �-, 28 u 2 3 IBIA TCI 5 50 ,Sjy j 2A i.' x I Ac SDI � :k 3D �t.FAi 1709) 7A2 7A i J0.6 A< UORgUO ~ „►� C711� 43.01 AC 22T •• 6 7 !! 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Frank IRO 22 24 23 Spin Representative #8 Pattie Minder 19P LCENT OWNERS M ZONING 17P ra 8A-7 � -- City of Southlake, Texas MEMORANDUM September 27, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Consider Request for a Conditional Sign Permit for Dynamic Travel and Cruise, 2325 E. Southlake Blvd. BACKGROUND The Sign Ordinance No. 506-A, Section 19.B.2.a. specifies that the readerboard signs (manual or electronic) may only be approved as a Conditional Sign Permit by the City Council. Section 6.A (Conditional Sign Permit) further explains the purpose and evaluation criteria for a Conditional Sign Permit. There are presently twenty-one (21) readerboards within the City limits: 6 to C.I.S.D., 5 to churches, 1 to a park and 9 to commercial development. It should be noted that all gas stations with changeable price signs are readerboards. The readerboard total does not reflect any gas station signs. Also none of the current "commercial" readerboards were approved by City Council under the current Ordinance. The previous Ordinance allowed readerboards under certain conditions without City Council approval. The proposed monument sign does conform to all requirements of the Sign Ordinance. SIBMUWARV As the sign conforms with the Sign Ordinance, Council is not considering a variance. Section 19 does require City Council to consider a request for a Conditional Sign Permit for any readerboard. Staff recommends that this request be placed on the October 1, 1996 Regular City Council Agenda for their consideration. BW/ls attachments: Sections 19.B.2.a. and 6.A of Sign Ordinance No. 506-A Memorandum from Plans Examiner Exhibits Application for Sign Permit 10A-1 Unless otherwise specifically provided, the regulations set forth in this article shall be applicable to all of the following signs. wmnn�� 1. PERMITTED SIGN STRUCTURE: Attached, -freestanding and/or monument 2. MODIFICATIONS TO GENERAL REGULATIONS: None 0) -.4.5:•:..1 t}� 1.' PERMITTED SIGN STRUCTURE: Freestanding or monument 2. MODIFICATIONS TO GENERAL REGULATIONS: a. GENERAL: Readerboard signs (manual or electronic) may only be approved as a conditional sign permit by the City Council. b. MAXIMUM AREA: Cannot exceed two-thirds (2/3) of the gross surface area per face of the sign. C. Manual readerboard signs using alphabetical lettering must have a lockable covering to prevent of easy access by vandals. C. MENUBOARD SIGN 1. PERMITTED SIGN STRUCTURE: Freestanding, monument and/or attached 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM HEIGHT:• Six feet (61), freestanding sign may extend to ground level. b. MAXIMUM AREA: Twenty four (24) square feet. Only C. MAXIMUM NUMBER one face will be allowed per sign. OF SIGNS: No more than two (2),signs per site. d. LOCATION LIMITATIONS: All menuboard signs must be located at the side or rear of the principal building. D. SUBD WIST_ON SIGNS 1. ENTRY SIGN a. PERMITTED SIGN STRUCTURE: Monument and/or attached b. MODIFICATIONS TO GENERAL REGULATIONS 1. MAXIMUM HEIGHT:.. Attached sign may not project above top of wall 2. MAXIMUM AREA: Monument: One hundred (100) square feet with a maximum of Fifty (50) square feet per sign face, Attached: Thirty-two (32) _ square_ 3. MAXIMUM NUMBER OF SIGNS: feet One (1). monument sign or two attached wall plaque signs (i.e. .not a combination thereof) per street entrance a. PERMITTED SIGN STRUCTURE: Freestanding and/or monument b. (MODIFICATIONS TO GENERAL REGULATIONS: 1. MAXIMUM HEIGHT: Twelve.(12) feet for freestanding 2. MAXIMUM AREA: One hundred (100) square feet with a maximum of Fifty (50) square feet per sign face 3. MINIMUM SETBACK: Fifteen (15) feet from right-of-way G:\0R0\S1GNS\FD7_3-21.WP0 12 10A-2 \ SEC. 6 CONDITIONAL SIGN PERMIT A. GENERAL: Notwithstanding anything in this ordinance to the contrary, the erection of a sign. or signs may be approved pursuant to this section under a conditional sign permit "approved by the City Council. The purpose of this section is to allow for a specialized review of signs which may not be appropriate generally without certain restrictions, but which, if controlled as to the'number, size, height, color, location, lighting, or relation to adjacent properties, would promote the health, safety, and welfare of the community. Conditional permitting of signs shall not be based upon the content of the sign, but is intended to allow for the evaluation of the physical impact of the proposed sign on adjacent properties and to ensure adequate mitigation of potentially unfavorable factors, such as the number, size, height, color, location, lighting, and other potentially unfavorable impacts. B. APPLICATION: An application for a conditional sign permit shall be submitted to the Building Official and shall include all documents as required by Section 4 of. this ordinance. Additionally, the applicant shall submit construction plans drawn by a registered professional engineer or architect in the State of Texas and also provide renderings of the particular sign types, facades, materials, 'Compositions, dimensions, lighting, and colors. C. FEES: Fees for conditional sign permits shall be determined in accordance with the adopted Uniform Administrative Code utilizing Table No. 3-A. SEC. 7 REVOCATION OF PERMIT The Building Official may suspend or revoke any permit issued under the provisions of this ordinance whenever it -is determined that the permit is issued in error or on the basis of incorrect or false information supplied, or whenever such permit is issued in violation of any of the provisions of this ordinance or any other ordinance of this City or laws of this state or the federal government. Such suspension or revocation shall be effective when:, communicated in writing to the person to whom the permit is issued, the owner of .the sign, or the owner of the site upon which the sign is located. Upon such revocation, all construction related to the revoked permit shall cease. A person 'may appeal the revocation of the.sign permit to. the City Council by filing an appeal in accordance with this ordinance. The City Council shall approve, reverse, or modify the suspension or revocation and such decision shall be final. Upon final determination that the permit is properly revoked, any portion of the sign in place as a result of the permit, shall be removed within 10- day's by the owner of the sign or'the owner of the site on which the sign is located. Failure to remove the sign shall be deemed a violation of this ordinance. SEC. 8 . INSPECTION The Building Official shall periodically inspect each sign regulated by this ordinance for -the purpose of _ascertaining whether the same. is obsolete and whether it is in need of removal �goor, repair. ' SEC. 9 PEBMIT VAT ID FOR ONE EaMRRD .:R1Gi1TV_ V Rom .kDAYS If the work authorized by a permit issued under this ordinance has not been commenced within one hundred -eighty (19o) days after,the date.. of issuance, the permit shall become null and void. (Owl G:\0RD\S1GNS\FD7_3-21_wPD 5 10A-3 City of Southlake, Texas MEMORANDUM September 23, 1996 TO: Bob Whitehead, P. E., Director of Public Works FROM: Charles Bloomberg,.. plans Examiner SUBJECT Sign appeal for Dynamic Travel & Cruises 2325 E. Southlake Blvd. Mr. James Cosgrove, owner, has applied for a permit to construct a Monument Sign with a readerboard section. Section 19 of the sign ordinance specifies that readerboard signs (manual or electronic) may only be approved as a conditional sign permit by the city council. Please note Section 6 of the sign ordinance gives the council a broad range of criteria to consider in granting a conditional sign permit. The sign meets all of the requirements of the sign ordinance. Please place this appeal is on the City Council Agenda for Tuesday October 1, 1996. Mr. Cosgrove will be present if you or the council have any questions. attachments: site plan sign drawings application M ,wo 10, III 701 I F AAR AR Y--i, AID 1� �� 4 gkjs*lw p ARK .E. 10A-5 PGE SIMM�Ns' N� 'Vol PLACE s oZ I OA-7 . — APPLICATION FOR SIGN PERMIT City of Southlake DATE 9/18/96 ADDRESS OF PROJECT 2325 E. Southlake Dr., Southlake Texas TENANT Dynamic Travel & Cruises PHONE NO. 481 9'631 SIGN COMPANY _Lone Star Sign PHONE NO.431 0150 ADDRESS 108 Hill St., Keller /76248 address city zip ILLUMINATED? (YES) NO (circle) ELECTRICAL CONTRACTOR Daniel Electric PHONE 481 8606 TYPE OF SIGN Permanent Temporary Dimensions ATTACHED BANNER LP HEIGHT POLE BALLOON WIDTH _MONUMENT MODEL HOME 96' AREA OTHER SPECIAL PURPOSE DESCRIPTION Monument sign with 8ft X 40" changable letters. with plastic OVERALL HEIGHT cover. ( , ps�c1�s, monument) 8 f t . SETBACK(S) FROM R.O.W. 15 Ft. DOCUMENTS ATTACHED: X`plot Plan X Sign Drawing Letter From Property Owner We are the property Electrician Registration Owner SIGNATURE OF APPLICANT ,1l ( �i�l•f�A�i� APPLICATION APPROVED BY: DATE: PERMIT FEE COMMENTS 10A-9 City of Southlake, Texas MEMORANDUM September 25, 1996 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: FY1996-97 Contract Obligations - Equipment; FY1996-97 Budget Items FY1996-97 Contract Obligations. During the FY1996-97 budget work sessions, the Council requested that City staff bring forward the equipment items that were planned to be funded through Contract Obligations. These items include a variety of equipment such as police vehicles, computer equipment, vehicles, and lawn maintenance equipment. A copy of the items is attached. The obligations are a part of the debt package planned for January or February of 1997. The approved capital projects will be funded through issuance of debt at the same time. The new fiscal year begins Tuesday, October 1. Attached are memos from Department Directors which outline their plans for purchases of the equipment. In particular, Public Safety has expressed a desire to move forward on a number of items due to vendor delivery schedules. Parks and Public Works have also outlined their requests. A memorandum from each department is included. In order to move forward with the FY1996-97 Budget Plan, staff needs direction on these equipment items from the Council. FY1996-97 Budget Items. The Council was presented two schedules during the FY1996-97 budget work sessions that detailed a proposed two cent tax rate decrease. These schedules were included as part of the FY1996-97 Adopted Budget as Exhibit `B", however the reductions were not reflected in the FY1996-97 Adopted Budget. The first schedule listed items that would reduce the tax rate by one cent, and totaled $128,069. The second schedule listed items that would reduce the tax rate by an additional 1 cent, with a total of $151,875. The Council asked that these budget items be brought forward for consideration individually before there was expenditure for the item. A copy of each schedule is attached. t EXMB[T "A" ITEMS FUNDED THROUGH CONTRACT OBLIGATIONS GENERALFUND 100-GENERAL GOVERNMENT 100-City Secretary/Mayor/ City Council Printer' 1,2gfl Q Q 1,2,gg TOTAL 1,299 0 0 1,299 103-City Managees Office 17' Color Monitor for PIO' 700 0 0 700 Laser Color Printer for PIO' 4,000 0 0 4,000 Personal Computer for City Manager' 2MQ Q Q 2.= TOTAL 6,700 0 0 6,700 105-Support Services Telephone system -Public Works facility' 20,000 0 0 20,000 LCD display and presentation equip' 12,000 0 0 12,000 Network Server -Adman bldg• 5,000 0 0 5,000 Network link/equipment-Admin bldg' 15,000 0 0 15,000 Public Works network equiPmenr 10,700 0 0 10,700 Parks network equipment' 16.450 Q Q 16.450 TOTAL 79,150 0 0 79,150 106-FINANCE 106-Finance Two computers for Payroll & Accounts Payable' 4,800 0 0 4,800 Laser jet printer for Finance Deparbmnt' 2" Q Q 2.;35Q TOTAL 7,750 0 0 7,750 107-Municipal Court Laptop Computer' 2= Q Q 2= J--PUBLIC SAFETY TOTAL 2,8W 0 0 2,800 131-Fire Services Self Contained Breathing Apparatus' 69,478 0 0 69,478 Opticoms' 34,975 0 0 34,975 Vehicles' 78,010 0 0 78,010 Cameras' 18,000 0 0 18,000 Infra -red detector* 18,000 0 0 18,000 Public Safety House' 25,000 Q Q 25,000 TOTAL 243,463 0 0 243,463 132-Police Services Police Vehicles' 251,375 0 0 251,375 Personal Data Terminals for Traffic and CID (2)' 12-000 Q Q 12,000 TOTAL 263,375 0 0 263,375 133-Public Safety Support Two Towers and Three Laptops' 11090. Q Q 12,000 TOTAL 12,000 0 0 12,000 140-PUBLIC WORKS 142-Building Inspections One Truck* 23,500 0 0 23,500 Two Computers' Am Q Q 4.000 TOTAL 27,500 0 0 27,500 144-Streets and Drainage 6-7 Yard Dump Truck' 40,000 0 0 40,000 20 Trailer' 7,500 0 0 7,500 Asphalt lay -down machine' 35,000 0 0 35,000 Paint Striping Machine' Am Q Q 4 000 TOTAL 86,500 0 0 86,500 1013 Page 18 EXHIBIT "A" 146-Public Works Admin. ITEMS FUNDED THROUGH CONTRACT OBLIGATIONS Computers' 7.200 0 0 7,200 Laptop Computers' 6,000 0 0 6,000 Printer' 1,600 0 0 1,600 GPS Mapping System and Services' 6,000 0 0 6,000 Scanner' 16,000 0 0 16,000 Color Printer' 1,900 0 0 1,900 Disk Space' 1,600 0 0 1,600 Memory Upgrade Sun Work Station' 3,200 0 0 3,200 Memory Upgrade Plotter' 300 0 0 300 Automobile' 1&000 0 Q 15.000 TOTAL 58,800 0 0 58,800 145-PARKS AND RECREATION 145-Parks and Recreation Cash Register' Computer Hub' Computer-Admin. AsW Large Ste. Van' Field Rake' Walk behind reel mower* Full size 3/4 ton Pick Up' Computer- Maint. Shop' 62' Flail mower' TOTAL GRAND TOTAL GENERAL FUND IC13-& 4,250 0 0 4,250 5,500 0 0 5,500 2,900 0 0 2,900 25,000 0 0 25,000 34,000 0 0 34,000 8,311 0 0 8,311 5,046 0 0 5,046 20,000 0 0 20,000 2,900 0 0 2,900 14.500 Q • Q 14-500 122.407 0 0 122,407 911.744 0 0 911,744 Page 19 City of Southlake, Texas September 18, 1996 TO: Lou Ann Heath, Director of Finance FROM: Billy Campbell, Director of Public Safety SUBJECT: Capital Purchasing I understand the process of which the Council has imposed upon us for capital item purchases. If I may, I would like to comment on various items listed on your Items Funded Through Contract Obligations list concerning the time sequence of purchases. Of the items listed, I am concerned with the vehicles, the Self Contained Breathing Apparatus, Life Packs, Automatic External Defibrilators and the vehicle in Fire Services. I feel that the Self Contained Breathing Apparatus is a safety issue that I would like to address as quickly as possible. There will be a three to four week delivery which would give us approximately one month from the time we order before they would demand payment. From financial standpoint, if possible, I would like a fairly immediate go-ahead with the purchasing of the Life Packs and the two Automatic External Defibrilators. We have a deal working with the vendor where with the combined purchase, they will take back one of the units that we purchased last year and replace it with a new one, and then give us a price break that would basically save us the cost of one of the Defibrilators. The delivery date on those items are 30-60 days. In Police Services there were five vehicles budgeted. I would like to express the need for ordering four of those vehicles as rapidly as possible, the two police Camaros and the two Explorers. The fifth unit can be purchased later in the year when additional personnel come on board. Both the Camaros and the Explorers will require lead time to equip them for duty. This will cause approximately ten vendors to be involved in the equipping of the vehicles. Receiving these vehicles, equipping them and placing them into service will automatically release some other vehicles to go to their intended areas, thus freeing up equipment to be utilized as they are intended. Delivery time on the police vehicles is two weeks to 60 days. In Fire Services, the fire vehicle is a necessary piece of equipment. Upon delivery, we will be moving the existing piece of equipment that will need to be refitted -somewhat and given to Support Services, at which time we will be able to engage in some other projects that we have funded. Other items on the list, while important, can be purchased when funds are available without seriously impacting either service or the implementation of programs. I am available if you have any comments or questions. BC/bls City of Southlake, Texas ►. MEMORANDUM September 26, 1996 TO: Lou Ann Heath, Director of Finance FROM: Kim Lenoir, Director of Parks and Recreation RE: Budget FY 1996-97 Requests The details of the capital items budgeted for the Parks and Recreation Department are summarized below: Cash Register / Computer Hub / Computers / Database Development. The volume of funds and registrations that we are handling and tracking by hand has increased too much to continue. The staff time in tracking class participants, fees, refunds and payment to contractors has grown so much that the manual system is not effective and too time consuming. We handle several thousand dollars a day without a cash register or the ability to give change. A cash register networked to a computerized registration system is needed to assist the public promptly and have access to all the information needed. Networking of all of our department functions and to network with the other City departments is the most effective and efficient use of staff time. Specifically, the database development is needed to automate program registration, reservations, and create a user database. We are projecting over 20,000 users, 300 classes, income of over $200,000 in 1997 and an automated system needs to be in place to speed the processing and increase the accuracy. Currently the administrative clerk and recreation supervisor are manually recording class, times, reservations, refunds, changes, cancellations, etc. which is time consuming and leaves room for errors. Ballfield Fences Replaced at Bicentennial Park. This is a joint -use project with CISD. The CISD varsity, junior varsity and freshman softball teams will be playing on the Bicentennial Park fields for at least two years beginning January 1997. Coach Ledbetter has stated that the field must meet UIL requirements. To make the fields regulation size, fences need to be moved and the backstop increased in height from 10 feet to 20 feet. As you can see in a letter from the Southlake Girls Softball Association last year, the fences currently in place are in need of replacement. The fences on Field #1 have served their life span (8 to 10 years) and replacement is more efficient than repair costs. If we simply repair the fences, the field will not meet UIL requirements. This budget item also includes replacing the sideline fences on Fields #2 and #3. Again the fences have served their expected life span (8 to 10 years) and replacement is more efficient than repair costs. The outfield fence on Field #3 and part of Field #2 was replaced during construction of Phase I of Bicentennial Park to make room for the new maintenance building. All of the replacement fencing will be with heavier gauge posts, rail and fabric (9 gauge) like the new park construction, with a life expectancy of 15 to 20 years. If approved, all ballfield fences at Bicentennial Park will be safe and will meet all foreseeable needs for the future. _5_ (W MAINTENANCE EQUIPMENT NEEDS All Terrain Utility Vehicle. This equipment allows the staff greater flexibility to work within the 50 acre Bicentennial Park. The department purchased one of these last year and have found it to be invaluable for transporting supplies, equipment and manpower from the nine ballfields, eight soccer fields, and five buildings across the 50 acre park. This item is needed to replace the currently used 1987 S-10 Chevy small truck that has 80,343 miles which is regularly in the shop for repair. 48" Walk Behind Mower. This mower is to be used on the new medians, islands, Adventure Alley area, slopes and small areas between the fields all in the expanded Bicentennial Park and other areas where the riding mowers can not mow. This would replace the worn out 21" push mower that is now used. Currently the staff spends approximately 10 hours of mowing this area with the 21" mower each week. With the larger cut of 48" versus 21" the mowing time will be cut to about three hours. Field Rake. We purchased one field rake last year to handle the maintenance of the nine ballfields. The rake is very effective and efficient, but due to the demands to get the fields ready between games and in short order after a rain a second field rake is needed. Fall ball is going on now and the Spring season starts in March, so we would like to order as soon as possible. Walk Behind Reel Mower. The City purchased high quality hybrid turf grass (419 Bermuda) for the infields of the new ballfields. To maintain them properly the grass needs to be cut with a reel mower. The riding reel mower that we have causes problems when trying to maneuver it on the infields. A walk behind reel mower is needed to properly maintain this turf. This grass is comparable to golf greens and requires proper attention. 62" Flail Mower. This is to replace the old 62" rotary riding mower that is now dead. Not only is a replacement needed, this mower is designed to make a quality cut for athletic fields, much like a reel mower but less expensive. The cost of a flail riding mower is similar to the cost of a rotary riding mower. The Department's current inventory of mowers include one 62" riding reel, one 72" riding rotary, one dead 62" riding rotary, and two 21 " push mowers for about 60 acres of land maintained by the City weekly. Athletic fields are mowed at least twice a week, sometimes three times a week. The new facilities, the use of these facilities, and the Department's desire to provide quality fields all work together to create the need for the new equipment. RECREATION EQUIPMENT NEEDS VAN (16 passenger plus 2 wheel chairs or 20 passengers). Last year the Department spent $5890 on rental of transportation. With continued rental of transportation we could buy a van in six years. If we owned a van we could provide more recreation opportunities for seniors, teens, and the after - school program. We have 20 children from Carroll Elementary that want to attend the after -school program at Durham and would pay an additional $7 a week for the transportation. During the school year we would raise an additional $4620 from this program alone which would reduce the pay-off of the van to 3 years. Hockey Shed $1,100. We have had three sets of goals stolen this past year ($375). Last year we (aw, had to spend extra staff time to haul the goals back and forth from the hockey court to Bicentennial Park costing (30 minutes each way ) $630 plus needless wear and tear on the equipment. This shed wood be wooden and would be located next to the hockey court during hockey season. During the off season the shed will be stored in the park maintenance yard. Large Tent (40' X 60') $5000. The City now rents tents for special events ( ie. Regional Track Meet, Kite Festival, Harvest Fest, etc.) . The rentals cost from $300 to $500 each day. If we rented this tent for the upcoming events this next year we will spend $8400. We are at the point that owning a tent is more cost effective than renting. The community functions that we would use this tent include Harvest Fest, Picnic in the Park, Easter, Spring Concert, four Summer concerts, Kite Festival, Holidays in the Park, Summer camp, Southlake 40th Birthday Celebrations, ground breakings, dedications, etc. Large Stage $25,000. If we rented a stage for all of the community events this year we would spend $16,500. Again we are at the point that purchasing is more cost effective than renting. This portable stage is prefect for community concerts and festivals. We want a portable stage allowing us more flexibility for events at the schools, Bob Jones Park and Bicentennial Park. This stage would be stored at the new Public Works site. Video Camera $1600. The City is trying to offer more variety in cable coverage of our events and activities. The video camera would allow the staff to tape programs, Park Board meetings, other public meetings, etc. for additional coverage and documentation. Slide Projector $1500. The Community Center and Lodge are used by over 60 groups per year and numerous public meetings where a slide projector has been requested. We are building our equipment inventory so the staff does not have to haul equipment from one building to the other, which increases damage and wear and tear. The Community Center has a TVNCR and we added an overhead projector last year. The slide projector and video camera would fulfill our audio visual needs for the next couple of years. The above list includes all of the Parks and Recreation Department's new request items except for the additional personnel and a pick-up truck which can wait until the mid -year review. Call me if you have any questions, 481-5581 ext 757. KML /4 '! - 7 ec`d 51161gb Southlake Girls Softball Association, Inc. oJ'�NQiq P.O. Box 92643 i Southlake, Texas 76092 �F'TBP�Y May 2, 1996 President Debbie Orzech Shana K. Yelverton 421-2253 City of Southlake Southlake, Texas 76051 1st Vice President Jeff Mercer Dear Ms. Yelverton: 481-1265 This letter is to inform you of issues, concerns and desires by the Southlake Girls Softball Vice President Association, Inc. Our intention is to brings forth conversation, understanding and resolution Alvin Miller to these issues and concerns and is written because of a belief that there is NO place in 430-3236 the City of Southlake for gender bias or sexual discrimination. Secretary Lisa Quinn We have listed the following areas which we feel need to be address now. 329-3028 Scoreboards. The City of Southlake entered into an agreement with Pepsi to sell only Treasurer Pepsi products at the park. In exchange, the City is to receive 6 new scoreboards. ALL Bill Dillard of the new scoreboards have been given to boys and the girls are left with the old. The 481-3466 new scoreboards have much better light and a count down timer. The fields the girl are left with rarely work and even the staff at the Park and Rec Department have difficulty went Manager getting service. This contract was negotiated by members of the boys organization and Rhodes signed by the City. The SGSA was NEVER included in any of the conversations regarding - 326 this issue. This contract should be renegotiated to include 3 additional scoreboards for the Scheduling girls fields. Bill Dillard 481-3466 Fencing. All of the fencing in the old portion of Bicentennial Park needs to be inspected and repaired. There are many areas which we feel are unsafe due to fences protruding Umpires into pathways or holes that would allow balls to pass. Ric Sanchez 421-0536 Overall Field Conditions. The staff of the Parks and Rec department have done an exceptional job considering there are only two. The city need more people to be able to Uniforms keep the holes, weeds, and grass in good condition. Too many injuries are occurring due Deidra Mulloy lack of maintenance. 488-0536 Concession Area. There are approximately 30 new benches at the new baseball facility. Sponsors There is only one old wooden bench at the old! The new facility has a grand covered D J Janes 481-4400 pavilion. The old has nothing. It would appear to be a low cost item to build some sort of covered area around the old concession stand that could provide protection from the Advisory elements. Some of the new benches should be brought down to the old concession area. Bill Dillard 481-3466 Pathways to all seating areas. There should be concrete pathways to all field seating areas. During the "wet season" our spectators are expected to trudge thru muddy and slippery areas to get to the stands. (400, A�113" Page 2. SGSA to City of Southlake - Shana Yelverton. Storage Facilities. SGSA is always in need of additional storage facilities for equipment. We would like for the city to allow SGSA the entire storage building located behind the community building. This would give us enough to store excess equipment and a place where coaches or board members to. meet if the meeting cilities are in use. We have been told that the park board may want to tear down and rebuild a new storage area for SGSA. If this is so, it would be very appreciated. Better Communication. The SGSA and the City of Southlake Parks and Rec department need to communicate better. Examples of problems: The Parks and Rec department put on a softball clinic last summer and no one from the board of SGSA was notified. We could have provided mailing list, called coaches, and assisted had we been included. When the boys were given the two small practice fields that had been previously been assigned to SGSA by and signed by the City, we found out about the transaction/violation from SBA. The Pepsi agreement was negotiated by members of SBA and signed by the City. SGSA was not contacted. We hope the City of Southlake will include SGSA in discussions relating to new softball facilities that may be shared by our organization and the Carroll Independent Schools. We also believe the city should include SGSA in any discussion that relate to the concession and park areas shared by SBA and SGSA. We hope the city will consider these issues and keep the SGSA board apprised of it remedies. (w.1;incerely, K e /41& AL-W—� [Jebbie Orzech, Presid4at Je r, 1st Vice President Bill Dillard, Treasurer/Advisor Lisa Quinn, Secretary -�r2wudll��Iy4z Rusty RqAes, Chairperson Ric Sanchez, Head Commissi er A Alvin Mill , Vice President ra Mulloy, Chairperson City of Southlake, Texas May 17, 1996 TO: Shana Yelverton, Assistant City Manager FROM: Kim McAdams Lenoir, Parks & Recreation Director SUBJECT: Response to Southlake Girls Softball Association Following is a response to the May 2, letter you received from the Southlake Girls Softball Association. The Parks & Recreation Department only considers the number of players in the various associations to determine field needs, not what gender the players are. Scoreboards - The four newly constructed fields did not have any scoreboards. • The budget for the Phase I expansion of Bicentennial Park could not cover all of the requests for new facilities. Batting cages and scoreboards were deleted from the list of items that the City would be able to fund in this Phase I construction project. The Southlake Baseball Association expressed a desire to the Parks and Recreation Board to raise funds to buy scoreboards for the four new fields and the two small t-ball fields constructed in 1995. The Board told SBA to proceed with the fundraising for scoreboards on the six fields. SGSA was not included because there are scoreboards on the existing three fields and the City had spent several thousand dollars in 1995 to refurbish those four year old scoreboards. The City understands that SGSA would like new scoreboards like the ones recently installed by SBA on the new fields. The scoreboards were purchased by Pepsi and SBA raised more funds from sponsors to install and maintain the scoreboards. If SGSA would like to make a proposal to the Parks and Recreation Board to do a fundraiser and replace the existing scoreboards, it should be well received. Pepsi and the City are willing to renegotiate the contract next year. Pepsi does not have funds for more scoreboards this year. Fencing - The Parks and Recreation staff have inspected the fencing and gathered estimates for replacing the fences during the FY 1996-97 budget year. All associations have been given work orders and are asked to report any specific repairs that they notice. The maintenance crew work on work orders daily and we need the help of the citizens to identify areas that need repair. Overall Field Conditions - The maintenance staff now consist of four regular employees and two seasonal positions. We are proposing more maintenance personnel in the FY 1996-97 budget. SGSA needs to report holes and trip hazards to the Parks and Recreation Department. We have not been made aware of any injuries occurring due to lack of maintenance. We need to be notified immediately of specific incidents - who, what, when, -1C? where, and how .... so we can take immediate corrective action. We need SGSA to notify us immediately of all injuries. Concession Area - There were 20 picnic tables purchased for Bicentennial Park. After they were assembled we left them all at the new pavilion for the Kite Festival. After the festival our plan is to distribute them throughout the park - 8 at the new pavilion, 8-10 to replace the wooden ones in the older section of the park and 2 - 4 at the Adventure Alley Playground. The pavilion in the new section cost $90,000. The Bicentennial Park master plan now under design has the older fields and concession stand to be entirely replaced. Debbie Orzech, President of SGSA was present at the Town Meeting Wednesday where the plans were unveiled. The plans are in my office and if SGSA would like to comment on them I would meet with them to explain the design. Pathways to all seating - The City purchased all new bleachers for all nine fields this year. The City also installed terraced seating on Field #1 this year and added concrete to Field #2 to improve drainage and maintenance. The City will include SGSA request for pathways in the FY 1996-97 budget requests along with other capital improvements in the parks. All budget requests are prioritized and the City Council decides what is funded. Storage Facilities - The City doubled the storage this year for SGSA when SBA moved their storage to the new concession. The City Parks plans to clean out the outside storage yard and remove the old fence now that we have a new maintenance building and yard. But the garage area is still needed by the City for storage. Again this facility will be removed and comparable concession/restroom/pavilion/storage facility like the new one will be built during the renovation of the older fields. Better Communications - The Southlake Parks and Recreation staff sees and talks to the SGSA President Debbie Orzech weekly and does not know of a problem this year that wasn't able to be worked out. To address the examples of better communications presented in the letter, the first two were handled by a previous employee of the department who no longer works here. At the time she set up the softball clinic and assigned the two small fields to SBA she told me she discussed those items with the then President of SGSA Bill Dillard. Bill Dillard signed the agreement last year noting that the two practice fields were not assigned to SGSA. The confusion may be coming from the fact that all the associations request fields first, then when all requests are in, assignments are made. This year SBA requested use of Fields #2 and #3 but in the final assignment of fields they were not assigned those fields. The third item was addressed under the scoreboard item - SBA approached the Park Board. No one knew SGSA wanted new scoreboards at the time. If you have any questions please contact me at 481-5581 extension 757. City of Southlake, Texas September 25, 1996 TO: LouAnn Heath, Director of Finance FROM: Ron Harper, City Engineer SUBJECT: GIS and Engineering Computer Expenditures - Fiscal Year 1996/1997 We would like authorization to expend funds approved in the 96/97 Budget and covered in the "Contract Obligation" bond issue. These funds relate to the continuation of the GIS program and the design of several in-house projects in conjunction with the public works facility on Continental Boulevard. GI - The GIS program has been such a success that we have exceeded our schedule and have begun providing services to a variety of departments including Community Development, Finance, Public Safety, and Economic Development. We are at a stage in the development of this program that in order to do new tasks on the system we continually need to remove data on the hard drive. We would like authorization to purchase the hard drive and system upgrades as shown in the budget. This would result in an expenditure of $5,100 (Disk Space - $1,600, Memory Upgrade for Sun Work Station - $3,200, Memory Upgrade for Plotter - $300). Engineering Design - We are in the process of performing several design projects in-house rather than contracting with an outside consulting firm. In order to properly perform these designs and to produce the proper plans we have requested and have had approved the purchase of an AutoCAD system. In conjunction with the purchase of this software we had planned on the purchase of a computer capable of operating the software. We would like authorization to purchase the computer required for the operation of the AutoCAD software. This purchase will be approximately $4,300. The remaining purchases covered by the "Contract Obligation" bond issue can be defered for a short period of time so that Council can further deliberate. C:\WPWIN60\WPDOCS\GIS\BUD9697.WPD City of Southlake, Texas September 25, 1996 TO: LouAnn Heath, Director of Finance FROM: Ron Harper, City Engineer SUBJECT: Building Inspection and Street Department Expenditures - Fiscal Year 1996/1997 We would like authorization to expend funds approved in the 96/97 Budget and covered in the "Contract Obligation" bond issue. These funds relate to support equipment for the newly authorized building inspector and the need to purchase vehicular equipment for the street department. Both of these items (pickup truck and dump truck) are typically ordered through HGAC and may have lengthy lead times. Building Inspection - The adopted budget made provisions for a new building inspector. We need to provide this inspector with a vehicle and accessories. This item was covered in the Contract Obligation list in the amount of $23,000. Streets and Drainage - We had requested a new dump truck in the 96/97 budget. While we probably do not need this vehicle until the second quarter, the lead time for vehicles of this type is usually lengthy. We would like authorization to order this vehicle at this time so that we can have it on line at the beginning of the second quarter The remaining purchases covered by the "Contract Obligation" bond issue can be deferred for a short period of time so that Council can further deliberate. C:\WPWIN60\WPDOCS\GIS\BUD9697A.WPD EXHIBIT "B" CITY OF SOUTHLAKE FY1996-97 PROPOSED BUDGET New Expenditure Requests to be Deleted from General Fund in order to reduce tax rate 1 cent (from $.422/$100 to $.412/$100) Division Ltem TgM Personnel Operations Capital City Secretary/Mayor/Council File cabinets $5,588 $0 $0 $5,588 Supplies -recycling $2,500 $0 $2,500 $0 Streets/Drainage Street/drainage worker $10,538 $10,538 $0 $0 Parks/Recreabon Fencing-ballfields $42,213 $0 $0 $42.213 All Terrain vehicle $6,200 $0 $0 $6,200 48" walk behind mower $3,450 $0 $0 $3,450 Video Camera $1,600 $0 $0 $1,600 Slide Projector $1,500 $0 $0 $1,500 Tent $5,000 $0 $0 $5,000 Recreation Specialist $12,134 $11,734 $400 $0 Landscape Administrator $15,513 $14,913 $600 $0 Administrative Secretary $16,533 $13,633 $0 $2,900 Public Works Administration Conference table $800 $0 $0 $800 Flat Files $2,000 $0 $0 $2,000 Community Development Filing Fees $2,500 $0 $2,500 $0 TOTAL $128,069 $50,818 $6,000 $71,251 1 Page 38 EXHIBIT "B" CITY OF SOUTHLAKE (Iii6w FY1996-97 PROPOSED BUDGET Continuation Budget Requests to be Deleted from General Fund in order to reduce tax rate an additional 1 cent (from $.412/$100 to $.402/$100) Division 111M Amount Personnel Operations CAMW City Secretary/Mayor/Council Delay ordinance codification $10.000 $0 $10,000 $0 Human Resources Pre -employment physical $375 $0 $375 $0 Tuition reimbursement $500 $0 $500 $0 Building Inspection Demolition $30,000 $0 $30,000 $0 Parks/Recreation Professional services - database development $11.000 $0 $11,000 $0 Public Works Administration Drainage master plan - phase II engineering services $100,000 $0 $100,000 $0 TOTAL $151,875 .$0 $151,875 $0 NJ 2 Page 39 /cam -1,5- EXCHANGE CONTRACT BETWEEN THE CITY OF SOUTHLAKE, TEXAS 0 CROSSROADS SQUARE, LTD. TABLE OF CONTENTS 1. Exchange ........................ .. .2 2. Independent Consideration...............................................2 3. Title Insurance.........................................................2 4. Survey................................................................4 5. Inspection Period.......................................................5 6. Prorations and Closing Costs ............................................. 6 7. Closing................................................................6 8. Crossroads' Remedies...................................................8 9. City's Remedy..........................................................8 10. Commissions...........................................................8 11. City's Representations and Warranties ..................................... 9 12. City's Covenants........................................................9 13. Crossroads' Representations and Warranties ............................... 10 14. Crossroads' Covenants.................................................10 15. Conditions Precedent to Crossroads' Obligations ........................... 11 16. Notices...............................................................12 17. Performance..........................................................13 18. Binding Effect..................................................:.......14 19. Entire Agreement......................................................14 20. Attorneys' Fees ........................................................14 21. Survival..............................................................14 TABLE OF CONTENTS PAGE (i) OF (ii) /De a N ..- 22. Holidays, Etc..........................................................14 23. Governing Law........................................................14 24. Condemnation........................................................14 25. Headings.............................................................15 26. Effective Date.........................................................15 EXHIBIT A - THE LAND....................................................16 EXHIBIT B - THE EXCHANGE TRACT ....................................... 17 TABLE OF CONTENTS /De-3 PAGE (ii) OF (ii) THE STATE OF TEXAS § § EXCHANGE CONTRACT COUNTY OF TARRANT § This Exchange Contract (this Contract) is between THE CITY OF SOUTHLAKE, TEXAS, a Texas municipal corporation (City), and CROSSROADS SQUARE, LTD., a Texas limited partnership (Crossroads). r 1 A. City is the owner of an approximate 1.174 acre tract of land (the Land) located in the City of Southlake, Tarrant County, Texas, more particularly described on Exhibit A attached hereto and made a part hereof. B. Crossroads is the owner of an approximate 1.584 acre tract of land (the Exchange Tract) located in the City of Southlake, Tarrant County, Texas, more particularly described on Exhibit B attached hereto and made a part hereof. C. Subject to the terms and conditions of this Contract, Crossroads wants to acquire the Land and all related rights and appurtenances of the City in return for Crossroads' transfer to the City, together with a defined sum of money, of the Exchange Tract and all of Crossroads' related rights and appurtenances therein. D. City has agreed to such an exchange, subject to the terms and conditions of this Contract. AGREEMENT City shall transfer the Land to Crossroads and Crossroads shall transfer the Exchange Tract to City upon the following terms: CONTRACT OF SALE 1- . /D e- 4/ Page 1 Exchange `�. City shall transfer the Land to Crossroads in exchange for (a) Crossroads' transfer of the Exchange Tract to City, together with (b) the sum of $ S 7,, O p0. Ott in good funds (the Cash Consideration) 2. Independent Consideration Crossroads tenders to City and City acknowledges receipt of the sum of ONE HUNDRED DOLLARS ($100.00) as independent and nonrefundable contract consideration for the Inspection Period (as defined in Paragraph 5). 3. Title Insurance a. Crossroads, at Crossroads' expense, shall furnish to City at Closing a Texas Standard Form of Owner Policy of Title Insurance (the Owner Policy) covering the Exchange Tract issued by American Title Company (Title Company), Grapevine, Texas, Attention: Janie Davis, Phone: (817) 329-6470, dated as of the Closing Date, in the amount of the fair market value of the Exchange Tract, and containing no exceptions or conditions except as follows: i. the restrictive covenants exception must be deleted or must state "None of Record except..." and then must list only specific restrictive covenants approved or waived by the City; ii. stand-by fees, taxes, and assessments for the year of Closing and subsequent years, and subsequent assessments for prior years due to change in land usage or ownership; and iii. any other Permitted Exceptions (as defined below in this Paragraph). b. City, at City's expense, shall furnish to Crossroads at Closing a Texas Standard Form of Owner Policy of Title Insurance (the Owner Policy) covering the Land issued by American Title Company (Title Company), Grapevine, Texas, Attention: Janie Davis, Phone: (817) 329-6470, dated as of the Closing Date, fn the amount of the fair market value of the Land, and containing no exceptions or conditions except as follows: i. the restrictive covenants exception must be deleted or must state "None of Record except..." and then must list only specific restrictive covenants approved or waived by Crossroads; CONTRACT OF SALE Page 2 ii. stand-by fees, taxes, and assessments for the year of Closing and subsequent years, and subsequent assessments for prior years due to `... change in land usage or ownership; and iii. any other Permitted Exceptions (as defined below in this Paragraph). C. Each party, at its expense, shall furnish to the other party within 15 days after the Effective Date (as defined in Paragraph 26) a title insurance commitment covering the Land or the Exchange Tract, respectively, issued by the appropriate Title Company (the Commitment), together with legible and complete copies of all documents referenced as title exceptions in the respective Commitment. d. Each party has 15 days after its receipt of the last of the respective Commitment, the copies of each title exception, and the respective Survey to object to any exception, condition or matter unacceptable to that party in such respective Commitment or Survey by giving written notice to the other party (the owner of the real property to which the Commitment and Survey relate), but all Schedule C matters shall be deemed to be unacceptable. If the party examining the title and survey does not give notice of any such objections to the respective property's owner within the 15-day period, such party is deemed to approve the title to the respective property as shown in the applicable Commitment and the Survey. e. The owner of the respective property has 5 days after receipt of the acquiring party's notice to cure such party's objections, although it has no obligation to cure any objection. f. If the acquiring party gives notice of any objections within the 15-day period and owner of the respective property does not cure any of the acquiring party's objections within the applicable 5-day cure period, the respective acquiring party may, on or before the 1 Oth day after the last day of the respective owner's 5-day cure period, as the acquiring parry's sole and exclusive remedy, waiving all other remedies, either: i. terminate this Contract by notice to the owner and the parties shall thereafter have no further rights, liabilities, or obligations under this Contract with respect to either the Land or the Exchange Tract; or ii. waive its objections to the respective Commitment and the Survey and accept the owner's title as shown in the respective Commitment and on the Survey. CONTRACT OF SALE lee-6 Page 3 g. The exceptions to title listed in Schedule B of a Commitment that are either accepted or waived by the acquiring party are the Permitted Exceptions. No item listed in Schedule C of a Commitment shall be a Permitted Exception. h. Neither owner may further encumber the title to their respective tract herein described after the Effective Date without the prior written consent of the other Ply• If any additional title encumbrances are discovered after Title Company's issuance of a Commitment, the acquiring party for such property has the same rights concerning objections to the additional title encumbrances as are provided above in this Paragraph. 4. Survey Crossroads, at Crossroads' expense, shall furnish to Crossroads, City and the respective Title Company within 10 days after the Effective Date two (2) copies of a current survey of the Land and the Exchange Tract (the Surveys) certified to City, Crossroads, the respective Underwriter, the respective Title Company, and any lender of which Crossroads has notice, by a surveyor licensed in the State of Texas and selected by Crossroads showing: a. a correct legal description of the respective tracts by plat reference, if applicable, and a metes and bounds description; b. the area, boundaries, and dimensions of the respective tracts; C. any encroachments or protrusions; d. the location of all easements, known proposed easements, apparent easements, and building restrictions affecting the respective tracts; e. the location and dimensions of any improvements on the respective tracts (other than soccer fields, volley ball areas and jogging tracks); and £ the gross square footage of the respective tracts (showing areas to be dedicated to the City for public rights -of -way, if any). CONTRACT OF SALE Ire, 7 Page 4 5. Inspection Period a. Commencing on the Effective Date and continuing through the 60th day after the Effective Date (the Inspection Period), each party may, but is not obligated to, inspect the other party's property and review and analyze all materials, surveys, maps, reports, and other matters and information provided pursuant to this Contract, together with any other materials, surveys, maps, reports, studies, and other matters it may choose, in its sole and absolute discreti )n. b. Either party may, for any reason whatsoever, or for no reason at all, in its sole discretion, terminate this Contract by notifying the other party of such terminating parry's election to terminate under this Paragraph by no later than 5:00 p.m., local time, on the last day of the Inspection Period. If this Contract is timely terminated the parties thereafter have no further rights, liabilities, or obligations under this Contract. d. If no party notifies the other party in writing of such parry's election to terminate this Contract under Paragraph 5.b., both parties are deemed to waive their respective rights to terminate this Contract under this Paragraph. e. Each party grants to the other party, its agents, contractors and employees, a license, terminable only upon the termination of this Contract, to enter upon and inspect such granting party's property herein described and to enter upon the property to make all studies and inspections deemed necessary or desirable by such inspecting party. The inspecting party's performance of all studies and tests is at its sole risk and expense. £ If the property is damaged by the inspecting party or its agents or contractors during the inspections, the inspecting party shall: i. repair and restore the respective property to substantially the same condi- tion as existed prior to conducting the studies and tests; and ii. hold the owner harmless from any actual damages (the owner waives any right to collect consequential or punitive damages) arising solely and directly from the actions of the inspecting party or its agents, contractors, or employees, in conducting the studies or tests. CONTRACT OF SALE Page 5 Prorations and Closing Costs a. Ad valorem taxes against the Land will not be prorated at Closing as the property is owned by a non-taxable entity; provided, however, upon the transfer of the Land to Crossroads, it shall be placed on the appropriate tax rolls and, commencing in the tax year after Closing, shall be subject to ad valorem taxes. Notwithstanding the foregoing, if any taxes are due for prior years or due to a change in usage or ownership, City shall pay such taxes. b. Ad valorem taxes against the Exchange Tract will be prorated at Closing as of the Closing Date based on the tax bills for the year of Closing. Crossroads shall pay at Closing to the Title Company insuring the Exchange Tract the portion of the taxes on the Exchange Tract from the beginning of the current year through the Closing Date; Title Company shall hold such funds in escrow until all taxes are known and payable. If Closing occurs before the current year's tax bills are available, the proration will be based on the latest tax rate applied to the latest assessed valuation; then, after the taxes for the current year are finally assessed, upon written demand, Title Company shall refund to Crossroads any amount overpaid by Crossroads or Crossroads shall pay to Title Company the amount of any deficiency in the proration. At Closing, tre Exchange Tract will be located within a tax lot parcel that includes property not being conveyed to City, the prorations specified in Subparagraph 6.b. will be paid to the Title Company, but no additional taxes on the remainder of the tax lot parcel will be required to be paid. d. The term "ad valorem taxes" as used in this Paragraph includes general assessments - including, without limitation, regular annual assessments payable to any property owners association - but does not include rollback or deferred taxes that are payable because of change in ownership or land use or any special assessments or assessments for street widening, repair, or improvement, which the owner of the respective tract shall pay at Closing. e. All closing costs other than as specified above, or as may be specifically allocated elsewhere in this Contract, will be allocated to City and Crossroads in the cusfom- ary manner for the sale and purchase of unimproved real property in Tarrant County, Texas, as of the Closing Date; provided, each party shall pay itg own attorneys' fees except in the event of litigation. 7. Closing a. The "Closing" of this Contract will occur in the City's Title Company's offices after 9:00 a.m., local time, on or before the 30th day after the last of the CONTRACT OF SALE Page 6 OMM Conditions Precedent have occurred (the Closing Date), but in any event by no later than June 30, 1997; provided, however, Crossroads may, upon written notice to the City and the payment to the City of an additional $100.00 in consideration, unilaterally extend the Closing Date for a period not in excess of 60 additional days. b. At the Closing: i. Crossroads shall: (a) pay to City the Cash Consideration; (b) deliver an executed special warranty deed in form reasonably acceptable to the City conveying the Exchange Tract to the City and containing no exceptions or conditions except the respective Permitted Exceptions (excluding the standard printed exceptions in the Owner Policy); (c) cause the Owner Policy for the Exchange Tract to be delivered to the City (or the confirmation by the respective Title Company that it will issue such policy excepting only to the standard printed exceptions and the respective Permitted Exceptions); (d) deliver an executed non -foreign affidavit in accordance with the Internal Revenue Code; (e) deliver any other documents deemed reasonably necessary by the City's Title Company or City's counsel; and (f) deliver exclusive possession of the Exchange Tract, subject to the Permitted Exceptions. ii. The City shall deliver to Crossroads: (a) an executed special warranty deed in form reasonably acceptable to Crossroads conveying the Land to Crossroads and containing no exceptions or conditions except the respective Permitted ' - Exceptions (excluding the standard printed exceptions in the Owner Policy); (b) the Owner Policy for the Land (or the confirmation by the respective Title Company that it will issue such policy excepting CONTRACT OF SALE Page 7 only to the standard printed exceptions and the respective Permitted Exceptions); (c) a non -foreign affidavit in accordance with the Internal Revenue Code; (d) any other documents deemed reasonably necessary by Crossroad's Title Company or Crossroad's counsel; and (f) exclusive possession of the Land, subject to the Permitted Exceptions. Crossroads' Remedies If City does not perform its obligations under this Contract, Crossroads may, as its sole and exclusive remedy, either (i) enforce specific performance; or (ii) terminate this Contract. If Crossroads terminates this Contract due to City's default, the City shall reimburse Crossroads upon demand for all reasonable out-of-pocket expenses incurred by Crossroads in connection with this transaction, and the parties thereafter have no further rights, liabilities, or obligations under this Contract. 9. City's Remedy L... If Crossroads does not perform its obligations under this Contract for any reason except the termination of this Contract pursuant to an applicable provision of this Contract, City's exclusive remedy, waiving all other remedies, is to terminate this Contract and Crossroads shall reimburse the City upon demand for all reasonable out-of-pocket expenses incurred by the City in connection with this transaction, and the parties thereafter have no further rights, liabilities, or obligations under this Contract. 10. Commissions a. Each party warrants to the other party that it has not dealt with any real estate broker or salesman in the negotiation of this Contract who will be paid a commission. b. Each party shall indemnify, defend and hold harmless the other party from any other real estate commissions due by virtue of the execution or Closing of this Contract, the obligation or asserted claim for which arises from actions taken or claimed to be taken by the indemnifying party. CONTRACT OF SALE /De-1/ Page 8 11. City's Representations and Warranties ,., City represents and warrants to Crossroads as follows (which representations and warranties are also deemed made by City to Crossroads at Closing and survive Closing): a. The Land has not been designated as "park land" by the City. b. There are no parties in possession of any portion of the Land as lessees, tenants at sufferance, or trespassers. No leases affect the Land. C. No vote of the citizens of the City and no approval from any other governmental authority are required to enter into this Agreement and to transfer the Land to Crossroads. 12. City's Covenants City shall, at City's sole cost and expense: a. Promptly advise Crossroads in writing of any litigation or hearing or notice received or any material changes of facts that cause any of the City's rep- resentations or warranties to be inaccurate in any respect. b. Deliver to Crossroads within 10 days after the Effective Date copies of all soils reports, environmental studies, surveys, plats, elevations, topographical maps, engineering studies, traffic studies, and other studies and reports in City's possession concerning the Land, although the City does not warrant the accuracy or completeness of any of such reports or studies. C. From the Effective Date until the Closing, maintain the Land in good condition. d. Cooperate with Crossroads in the timely identification of locations within Bicentennial Park for: (i) the replanting of the trees to be removed by Crossroads from the Land; (ii) the reconstruction of the sand volleyball court originally located on the Land; and (iii) the reconstruction of that portion of the jogging trail originally located on the Land. CONTRACT OF SALE Page 9 13. Crossroads' Representations and Warranties Crossroads represents and warrants to the City (which representations and warranties are also deemed made by Crossroads to the City at Closing and survive Closing) that there are no parties in possession of any portion of the Exchange Tract as lessees, tenants at sufferance, or trespassers except for the users of the soccer fields which exist on the Exchange Tract. No leases affect the Exchange Tract. 14. Crossroads' Covenants Crossroads shall, at Crossroads' sole cost and expense: a. Promptly advise City in writing of any litigation or hearing or notice received or any material changes of facts that cause any of Crossroads' representations or warranties to be inaccurate in any respect. b. Deliver to the City within 10 days after the Effective Date copies of all soils reports, environmental studies, surveys, plats, elevations, topographical maps, engineering studies, traffic studies, and other studies and reports in Crossroads' possession concerning the Exchange Tract, although Crossroads does not warrant the accuracy or completeness of any of such reports or studies. C. From the Effective Date until the Closing, maintain the Exchange Tract in good condition (although it shall not be required to provide more maintenance than it has done in the past). d. After Closing, remove existing trees from the Land (but only to the extent necessary to accommodate Crossroads' planned development on the Land) and move and replant those trees which in Crossroads' reasonable belief, after consultation with an arborist, have a reasonable chance at continued viability, in locations within Bicentennial Park identified by the City and which are reasonably accessible to Crossroads for such replanting (such covenant to survive Closing). e. After Closing, replace trees which have been removed from the Land and which were unable to be replanted with similar types of trees with an aggregate caliper of not less than those non -replanted trees, with no replacement trees having a caliper of less than 3 inches, within locations within Bicentennial Park identified by the City and which are reasonably accessible to Crossroads for such replanting (such covenant to survive Closing). f. After Closing and contemporaneously with Crossroads' removal of the existing jogging path on the Land, rebuild a similarly constructed continuation of the path CONTRACT OF SALE Page 10 /De 113 along a course reasonably approved by both the City and Crossroads (such covenant to survive Closing). g. After Closing and contemporaneously with Crossroads' removal of the existing sand volleyball court from the Land, rebuild a similarly constructed facility (using the salvaged materials from the demolished court) in a location within Bicentennial Park identified by the City and which is reasonably accessible to Crossroads for such rebuilding (such covenant to survive Closing). h. After Closing, relocate any signage originally on the Land which has been removed by Crossroads to a location within Bicentennial Park identified by the City and which is reasonably accessible to Crossroads for such relocation (such covenant to survive Closing). For purposes hereof, if the City fails or refuses to identify locations within Bicentennial Park for the relocation of the improvements heretofore set forth, or, the locations identified by the City are not reasonably accessible to Crossroads, Crossroads may select the appropriate locations within the park for such relocations. Crossroads has no obligation to relocate or replant the matters set forth herein anywhere outside the present boundaries of the park. 15. Conditions Precedent to Crossroads' Obligations Crossroads is not obligated to close this transaction, until each of the following Conditions �... Precedent (herein so called) has been met: a. At the time of Closing, any of City's representations and warranties are true and correct in all respects. b. Assuming a timely submittal by Crossroads, the Land and the remainder of the existing shopping center have been rezoned and the site plan of the shopping center has been finally approved by the City Council to Crossroads' approval in order to accommodate the development and operation of the planned Tom Thumb grocery store. C. Crossroads' existing shopping center ("Crossroads Square Shopping Center"), together with the Land, has been replatted to Crossroads' approval: (i) split Lot 3 of the shopping center addition into two lots; (ii) delete the Exchange Tract from the shopping center; (iii) add the Land to the shopping center; CONTRACT OF SALE Page 11 (iv) remove the lot lines forming Lot 4 and adding it to Lot 2 of the shopping center; (v) removing the common access easements between former Lot 4 and Lot 2; d. Crossroads has been able, after reasonable efforts, to reach an agreement with each of Food Lion, Inc., Jack Eckerd Corporation and Randall's Food & Drugs, Inc., acceptable to Crossroads in its sole and absolute discretion, with respect to the modification of the shopping center, the termination of the Food Lion, Inc. lease, the release of the exclusive operations clause in the Jack Eckerd Corporation lease and the leasing by Randall's Food & Drugs, Inc. of the proposed grocery store space in the reconfigured shopping center. Crossroads may, at Crossroads' sole option, waive all or any of these conditions precedent. If any condition precedent is not satisfied by Closing, or any earlier time frame specified above and it has not been waived, or if Crossroads reasonably believes that any condition precedent will not be satisfied, then Crossroads, at its sole option, may terminate this Contract on or before the Closing Date by giving notice to City. Upon termination, the parties thereafter have no further rights, obligations, or liabilities under this Contract. If Crossroads is entitled to terminate this Contract because a condition precedent is not satisfied, `... and Crossroads does not terminate this Contract, and the Closing occurs, then Crossroads is deemed to waive the respective condition precedent. 16. Notices All notices, requests, approvals, and other communications required or permitted to be delivered under this Contract must be in writing and are effective: a. on the business day sent if sent by telecopier prior to 5:00 p.m., local time, and the sending telecopier generates a written confirmation of sending; b. upon receipt if delivered personally or by any method other than by telecopier transmission (with written confirmation), or by any method other than by mail; 1 day after delivery to a nationally recognized, overnight courier service; or d. if orderly delivery of the mail is not then disrupted or threatened in which event some method of delivery other than the mail must be used, 3 days after being deposited in the United States mail, certified, return receipt requested, postage prepaid; CONTRACT OF SALE �► Page 12 in each instance addressed to City or Crossroads, as the case may be, at the following addresses, or to any other address either party may designate by notice to the other party: City: City of Southlake, Texas 667 North Carroll Southlake, Texas 76092 Attn: Curtis Hawk Fax: (817) 488-6796 With a copy to: Fielding, Barrett & Taylor, L.L.P. 3400 Bank One Tower 500 Throckmorton Street Fort Worth, Texas 76102 Attn: Wayne Olson Fax: (817) 332-4740 Crossroads: Crossroads Square, Ltd. 5655 Lindero Canyon Road Suite 321 Westlake Village, California 91362 Attn: Frank Piani Fax: (818) 991-8698 With a copy to: Crossroads Square, Ltd. Suite 234 100 West Southlake Blvd. Southlake, Texas 76092 Attn: David McMahan Fax: (817) 329-6996 With a copy to: Munsch Hardt Kopf Harr & Dinan, P.C. 4000 Fountain Place 1445 Ross Avenue Dallas, Texas 75202-2511 Attn: Richard Wilhelm Fax: (214) 978-4326 17. Performance Time is of the essence in the performance of the terms of this Contract. CONTRACT OF SALE /fie--16 Page 13 18. Binding Effect This Contract is binding upon and inures to the benefit of the successors and assigns of the parties. 19. Entire Agreement This Contract embodies the complete agreement between the parties and may not be varied or terminated except by written agreement of the parties. The Title Companies are not a party to this Contract and their consent is not required for any amendment, variation or termination of this Contract. 20. Attorneys' Fees In the event of litigation concerning the interpretation or enforcement of this Contract, the prevailing party is entitled to recover from the losing party its attorneys' fees, court costs, and expenses, whether at the trial or appellate level. 21. Survival Any of the provisions of this Contract pertaining to a period of time following Closing survive Closing and the delivery of the deeds and are not merged therein. All indemnities under this Contract survive any termination and the Closing of this Contract. 22. Holidays, Etc. Whenever any time limit or date provided herein falls on a Saturday, Sunday, or legal holiday under the laws of the State of Texas, then that date is extended to the next day that is not a Saturday, Sunday, or legal holiday. The term business day as used in this Contract means any day that is not a Saturday, Sunday, or legal holiday under the laws of the State of Texas. 23. Governing Law The laws of the State of Texas govern this Contract. 24. Condemnation If, prior to Closing, eminent domain proceedings are filed against all or any portion of the Exchange Tract, this Contract shall, nevertheless, continue in full force and effect and there shall be no change in the Cash Consideration payable by Crossroads to the City, but Crossroads shall be able to offset any award and cost relating to obtaining such award, from the Cash Consideration payable to the City. CONTRACT OF SALE /�e— %,�7 Page 14 25. Headings Paragraph headings or captions are used in this Contract for convenience only and do not limit or otherwise affect the meaning of any provision hereof. 26. Effective Date The Effective Date of this Contract is the date the last party signs this Contract and it becomes fully executed. EXECUTED by Crossroads on % — Z 1996. Crossroads: CROSSROADS SQUARE, LTD., a Texas limited partnership By: Pima Partners, Ltd., a Texas limited partnership, general partner By: Pima Properties, Inc., a Texas corporation, general partner By: zf�-' EXECUTED by City on , 1996. P AREAL\2270ME XCH. KO S 1 rww 9/27/96 CONTRACT OF SALE C&: The City of Southlake, Texas, a Texas municipal corporation lDe iF Page 15 FIELD NOTES CITY OF SOUTHLAKE 1.174 ACRE TRACT Being a portion of a tract of land situated in the L.B.G. Hall Survey, Abstract No. 686, city of Southlake, Tarrant County, Texas and being a part of that same tract of land described in deed to the city of Southlake, recorded in Volume 10346, Page 0278, of Deed Records, Tarrant County, Texas being more particularly described as follows: BEGINNING at an iron pin at the northeast corner of Lot 2 of L.B.G. Hall No. 686 Addition, an addition to the city of Southlake as recorded in Cabinet 'A', Slide #1216, Plat Records, Tarrant County, Texas and in the west right-of-way of White Chapel Blvd.; THENCE along the north line of said Lot 2 South 89 degrees 56 minutes 29 seconds West 517.95 feet to a point for corner; THENCE North 00 degrees 04 minutes 36 seconds West 98.74 feet to a point for corner THENCE North 89 degrees 56 minutes 50 seconds East 518.15 feet to a point for a corner; THENCE South 00 degrees 02 minutes 11 seconds West 98.69 feet to the Point of Beginning and containing 51,139 square feet (1.174 acre) of land. EXHIBIT A - Page 1 of 2 X5? 4�� - If FIELD NOTES CROSSROADS SQUARE, LTD. 1.584 ACRE TRACT Being a portion of Lot 2 of the L.B.G. Hall*No. 686 Addition, an addition to the city of Southlake as recorded in Plat Records, Cabinet 'A', Slide #1216, Plat Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at an iron pin at the northwest corner of said Lot 2 and the southwest corner of a tract described in deed to the city of Southlake recorded in Volume 10346, Page 0278, Deed Records, Tarrant County, Texas; THENCE along the north line of said Lot 2 North 89 degrees 56 minutes 50 seconds East 368.29 feet to a point for a corner; THENCE South 00 degrees 04 minutes 36 seconds East 188.53 feet to a point for a corner; THENCE North 89 degrees 58 minutes 09 seconds West 364.78 feet to an iron pin at the most northerly southwest corner of said Lot 2; THENCE North 01 degrees 08 minutes 53 seconds West 188.04 feet to the Point of Beginning and containing 69,008 square feet (1.584 acres) of land. EXHIBIT B - Page 1 of 2 /�e a0 Original Scale : 1 " = 100" 0 50 100 200 Graphic Scale in Feet -r =r-1 P.O.B. J3/8" I.P.F. ;. n O `_n 0� co 00 O z CITY OF SOUTHLAKE REMAINDER 7 ACRE TRACT V. 10346, P. 0279 D.R.,T.Co.,TX. 368.29' N 89'56'50" E CROSSROADS SO., LTD. TRAC Area = 1.584 Acres or 69,006 Square Feet LP.F. 15' URG. ESM('. X X X X X X X x N 89'58'09" W 1 364.78' r- — — — — — I I CITY OF SOUTHLAKE 1.174 ACRE TRACT I — 1— — — — — I z o wl o`D cv I Q w CO Lq 00 0--0 0 z O 0 O z Cr -QC� cn I Q a = m 1 c Iri I I J EXHIBIT SHOWING CROSSROADS SQUARE, LTD. TRACT CONTAINING 1.584 ACRES AT SOUTHLAKE BLVD. & WHITE CHAPEL ROAD SOUTHLAKE, TEXAS I.J. E. LLEVITT ENGINEERS, INC. ENGINEERS — PLANNERS 726 COMMERCE STREET SUITE 104 SOUTHLAKE, TEXAS 76092 (817) 488-3313 EXHIBIT B - Page 2 of 2 City of Southlake, Texas September 25, 1996 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Amendment to the Investment Policy - Depository Contracts At the September 17, 1996 City Council meeting, the City Council directed staff to draft a policy to allow banks doing business outside Southlake to make proposals for the City's depository contract. Texas Local Government Code, Section 105.011 requires that a written policy expressly permitting the consideration of applications from outside the City be approved by the governing body. Attached is the proposed depository contract policy language. This will allow banks, credit unions, and savings associations (institutions allowed by the law) that do business in the cities contiguous to Southlake to make a proposal for depository services. The policy will be incorporated into Southlake's Investment Policy. The Investment Policy was last amended in November 1995 to conform to changes in the Public Funds Investment Act. Southlake's current depository contract expires September 30, however, Texas National Bank has indicated that they will honor the current agreement until a successor is approved. Staff is prepared to send proposals to banks, credit unions, and savings associations in Southlake and contiguous cities upon approval of this depository contract policy language. Please place this item on the October 1 agenda for consideration by the City Council. LAH/kb iC' J CITY OF SOUTHLAKE Depository Contract Policy Language October 1996 1. The City of Southlake shall permit consideration of applications for a Depository Contract from banks, credit unions, or savings associations that are doing business in the City. 2. The City shall permit consideration of applications for a Depository Contract from banks, credit unions, or savings associations doing business in the cities contiguous to the City of Southlake.