Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
1992-01-07 CC PACKET
Im City of Southlake, Texas M E M O R A N D U M January 3, 1992 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest City Council Meeting, January 7, 1992 1. Agenda Item No. 4. City Manager's Report. I will be out of town Tuesday on family business and will miss the meeting. This will be the first meeting I have missed in 3.3 years with the City. The Director of Public Safety, Billy Campbell is Acting City Manager and will perform duties of the City Manager during my absence as required by Section 4.15 of the City Charter. I will be back in the office no later than Thursday. 2. Agenda Item No 5A Agreement with Denton County for Fire Services. This is a renewal of an existing agreement with Denton County. The agreement does not require us to respond if we are unable to do so. Normally, we are subject to be called for assistance in areas around Roanoke, Marshall Creek, Trohpy Club, etc. 3. Agenda Item No. 5B. Excuse of Absence. The action request is required in order to retain Mr. Dowdy on the P&Z. 4. Agenda Item No 7B Ordinance No. 556 amending Ordinance No. 447 in regards to Master Plan/Land Use Plan. This is the second reading of an amendment which will allow City Council to adopt the different elements of the Comprehensive Master Plan by majority vote of the City Council. The current ordinance No. 447 if unamended could be interpreted to require that elements of the Master Plan be adopted and, as amended from time to time, by ordinance. 5. Agenda item No. 7C. Ordinance No. 544. Landscape Ordinance. Note the comments in Greg Last's memo concerning the bufferyard requirements. 6. Agenda Item No 9A Masonry variance request by Conoco. The revised development site plan for building permit was approved by City Council on December 3, 1991. The building is in keeping with Conoco's agreement to provide additional fire safety at the site. The building will be used to store fire suppression foam. 7. Agenda Item No 10A Appointment of Fire Reserves. Only one additional volunteer is being submitted for recommendation for appointment to the Fire Reserve Force: Dennis Mender. Other Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Page 2 applications have been submitted, but we have experienced difficulty in the background investigation. For example, one volunteer (who has his basic certification) has a problem with his driving record --moving violations, accidents, probation, etc. These individuals must be insurable by our insurance carrier. (Two years ago we had to dismiss a firefighter after the City's insurance carrier at the time informed us that the individual would not be covered due to his driving record.) The cost of the fire apparatus, and the danger to the employees and public of emergency response, require good driving records. Other applications are being processed. These will be brought to you as the backgrounds are completed. 8. Agenda Item no. 10B. Volunteer Firefighter Training Policy Statement. City Council directed staff to draft a policy statement for the January 7th Council meting. The policy statement for volunteers will be added to our Personnel Handbook. (There are several revisions that need to be made to the existing Personnel Policies. These should be coming to you for consideration in February.) 9. Agenda Item No. 11A. This item is placed on the agenda at the request of the Park and Recreation Board. In addition to the information contained in Chris Terry's memo, Finance Director Lou Ann Heath is familiar with the workings of such a program. Several groups have previously inquired about the possibility of such a contribution, including the Park Board. 10. Agenda Item No 11B Status of reconstruction plans for FM 1709. Note memo by Mike Barnes, DPW, concerning a disturbing comment we received from the State that our contribution to the FM 1709 project is now estimated to be $2.5 million. This has caught us by surprise and is difficult for us to comprehend. We have asked for a written estimate so that we may react. Mayor Fickes and I have discussed a possible course of action to pursue should the new estimate be indeed as presented. Other Items of Interest 11. Sandy is home and recuperating from gall bladder surgery. She should be back to work in another week. 12. The amendments to the masonry ordinance to incorporate the B-1 and B-2 districts will be before P&Z in their first meeting in February. This is due to notice provisions. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Page 3 13. Attached is a letter we received from Jon Napper concerning the masonry ordinance and the buffer zoning. Karen is preparing a response letter for my signature. 14. Yesterday I gave a deposition in the matter of Zena Rucker's condemnation hearing on her FM 1709 property. The request was made by her attorney. I do not like such involvement, but I would have been served a subpoena if I had not agreed. All I could comment on was my letters to Zena and Raymond Solaski, R.O.W. Supervisor with the County at the time. (He is no longer with the County.) I also was questioned about the Land Use Plan and Zoning Map. My letters are attached FYI. 15. Note the attached brochure on Teen Court. CEH/kh'--�U ;v G NAPm Vice President December 19, 1991 Mr. Curtis Hawk City Manager City of Southlake 667 North Carol Southlake, TX 76092 Dear Mr. Hawk: In the City Council meeting held on December 17, 1991, Zoning Case ZA9166 was reviewed and approved for the down grading to a B1 business service park district. I had an opportunity to attend this meeting and discuss the effects of down grading this property on the commercial property that my client owns to the west of the proposed rezoned property. In addition, I expressed my concerns about metal building construction being utilized in an area surrounded by residential and commercial zoning. Throughout the course of the City Council meeting, there was considerable confusion regarding the B1 business park uses and,.in particular, the requirements for the amount of masonry required in buildings built in this type of zoning. I believe it would be helpful for the City Manager's office to issue to myself, as well as the residents to the east of this property, the exact interpretation as to how much metal building construction can be performed on this zoning. It would be of interest to the surrounding property owners who may not be aware that 20% of the building that will be constructed on that property can be made out of metal. Establishing the "buffer" zoning for this property to separate the residential areas from the commercial areas, then allowing any metal building construction does not seem consistent with the concept of protecting the residential areas from less than the highest quality of construction. Your assistance in clarifying this issue would be appreciated. Let me also state for the record that the property owners of the property directly west of the rezoned property have no intentions of extending Benz Drive to the west through their existing property. If I can be of any assistance, please feel free to contact me. I look forward to hearing your response regarding the masonry construction under the B 1 zoning request. cc: Mr. Zafer Husseini Mr. Mickey Smock CHAMPION PROPERTY COMPANY 1245 Three Lincoln Centre 543018J Freeway Dallas, Texas 75240 2141490-5600 F,k.Y 214/490-5599 'gee., Mayor. Gary Fickes Mayor Pro Term Betty Springer Councilmemberx Richard W. Wilhelm Jerry Farrier Sally Hall W. Ralph Evans City Manager. Curtis E Hawk City Secretary. Sandra L LeGrand City of Southlake April 9, 1991 Zena Rucker 650 S. Carroll Ave. Southlake, Texas 76092 RE: Tracts 3A and 3C, O.W. Knight Survey, Abstract No. 899, City of Southlake, Texas Dear Zena: In response to your request, I have again looked at your above referenced tracts as they relate to the City's Land Use Plan and the improvements to FM1709. The future Land Use Plan indicates that your property is planned as medium density residential. However, it is my understanding that the Tarrant Appraisal District considers numerous factors when appraising property, including current use, current and potential zoning, and what is considered to be the highest and best use. As you are aware, the property immediately to the east of Tract 3C is currently zoned commercial, as is the property to the immediate north and west of Tract 3A. It is fair to say that any property along FM1709 that is contiguous or in close proximity to commercially zoned property could potentially be zoned and developed commercially in the future. Hopefully this adequately responds to your question. Please let me know if you need a clarification. Sinc ely, Curti E. Hawk City Manager CEH/kb 667 North Carroll Avenue - Southlake, Texas 76092 (817) 481-5581 - FAX (817) 481-0036 "AN EQUAL OPPORTUNITY EMPLOYER" February 22, 1990 Raymond Solaski R.O.W. Supervisor Tarrant County Dept of Public Works 100 E. Weatherford Fort Worth, Texas 76196-0601 RE: Tracts 3A and 3C, O.W. Knight Survey, Abstract No. 899, City of Southlake, Texas Dear Mr. Solaski: The owner of the above referenced property, Zena Rucker, has requested I write you concerning the County's appraisals of property along East Southlake Boulevard, and offers made for acquisition of property in connection with R.O.W. for the FM1709 improvement project. As you know, the properties owned by the Rucker's are zoned AG agricultural. Track 3C is bounded on the east by Commercial-3. The property in between the Rucker's, Tract 3A1, is zoned AG, as are the properties immediately to the north of 3A and 3C. The property to the immediate west of Track 3A is zoned AG, while further west the properties are zoned residential. It is my understanding that your department, much like the Tarrant Appraisal District, considers numerous factors when appraising property including the current use, current and potential zoning, and what you consider the potential highest and best use. The future Land Use Plan of the City of Southlake indicates the Rucker property to be planned as medium density residential. Much of FM1709 is planned to be residential. Some will nevertheless end up something other due to market forces and other factors. The process for changing from one zoning category to another is initialed by the property owner. Please let me know if I have a misunderstanding of how you appraise the property. Sincerely, Curtis E. Hawk City Manager CEH/kb City of Southlake, Texas M E M O R A N D U M January 3, 1992 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Interlocal Cooperation Agreement for Fire Protection Attached is the Interlocal Fire Protection Agreement between the City of Southlake and Denton County to be presented to the City Council for approval. This contractual agreement addresses only fire service activity and excludes emergency medical services. A separate agreement is being prepared by Denton County to address emergency service and that agreement will be presented in the near future. As inACd Ror is contract, Denton County will pay the City of South on execution of the contract and an additional $85 pall fire calls outside the city limits and within Dento I will be available in th event you have any questions or comments. k:� BC/mr ' Attachment pw\memo\DentonCo.Agr J� 'v t� DENTON COUNTY COMMISSIONERS COURT COURTHOUSE ON THE SQUARE November 27, 1991 ROBERT S. MORRIS Chief Civil Attorney 110W.HICKORY DENTON. TEXAS 76201 18171383.8399.18171383.1166.1-800-346.3189 Sandra LeGrand, City Secretary City of Southlake 667 North Carroll Blvd. Southlake, Texas 76092 RE: Interlocal Cooperation Agreement for Fire Protection Dear Ms. LeGrand: Enclosed please find REVISED duplicate originals of your Interlocal Cooperation Agreement for Fire Protection for fiscal year 1991-92 with Denton County. (41W Please obtain the appropriate signature, have it notarized, and return both originals to this office so we may place it on the next Commissioners Court agenda. One of the originals will be returned to you after they have been signed in Commissioners Court. Thank you. Sincerely yours, Robert Morris Assistant District Attorney RM : of Enclosures Uq THE STATE OF TEXAS )( COUNTY OF DENTON )( INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES This agreement is made and entered 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 or incorporated volunteer fire department located in Denton County, Texas, hereinafter referred to as "Agency." WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of County Gov- ernment and related services for the benefit of the citizens of Denton County; and WHEREAS, AGENCY is a municipal corporation or incorporated volunteer fire department, 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, AGENCY is the owner and operator of certain fire protection vehicles and other equipment designed for the extin- guishing 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 AGENCY mutually desire to be subject to the provisions of TEX. REV. CIV. STAT. Art 4413 (32c), the r TERLOCAL FIRE AGREEMvT sounM AKE 1 Interlocal Cooperation Act and Sections 352.001 and 352.004 Local Government Code and contract pursuant thereto; NOW, THEREFORE, COUNTY AND AGENCY, for the mutual consideration hereinafter stated, agree as follows: I. The effective date of this agreement shall be the 1st day of October, 1991. II. Services to be referred hereunder by AGENCY are fire protec- tion services normally rendered within the AGENCY 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 AGENCY 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. PiTERLOCAL FIRE AGREF-MLNT SOU7HLAKE /a B. The AGENCY Fire Department shall respond to requests for fire protection services made within the rural areas of COUNTY as set out in Exhibit "A" for the enumerated fire protection services. C. The COUNTY agrees that in the event a fire in the desig- nated area of the AGENCY is considered to be of incendiary nature by the AGENCY and upon request by the AGENCY, the County Sheriff 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 investiga- tion and prosecution of arsonists. D. It is further agreed that the AGENCY shall not be re- sponsible for investigations of suspected incendiary fires in rural area, but shall be expected to cooperate with the County Sheriff in immediately relating all pertinent information possible to the investigatoo(s). E. It is recognized that the officers and employees of AGENCY'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. IlCrERLOCAL FIRE AGRFE'�`IT SOUTHLAKE 3 III. The COUNTY shall designate the County Judge to act on behalf of COUNTY, and to serve as "Liaison Officer" between COUNTY and AGENCY. The County Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated; and, shall 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, shall provide immediate and direct 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 AGENCY. IV. AGENCY shall insure the performance of all duties and obli- gations of AGENCY as herein stated; and, shall devote sufficient time and attention to the execution of said duties on behalf of AGENCY in full compliance with the terms and conditions of this agreement; and, shall provide immediate and direct supervision of the AGENCY 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 AGENCY and COUNTY. M For the services hereinabove stated, COUNTY agrees to pay to AGENCY for the full performance of this agreement, the sum of INTE.RLOCAL FIRE AGREEMENT SOLTTHI.AKE 4 FIVE THOUSAND ($5,000.00) DOLLARS upon execution of this agreement and the sum of EIGHTY-FIVE DOLLARS ($85.00) per fire call in the designated unincorporated areas of Denton County, Texas. AGENCY understands and agrees that payment by COUNTY to the AGENCY 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 Agency an STX 800 MhZ radio for the use of Agency 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 Agency uses the property in a reasonable manner for the purposes of this contract. County reserves the right to reclaim the property at any time for any reason. This is the same radio provided in previous contracts, not an additional radio. VI. COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all COUNTY'S officers, employees, and agents while within its County limits. VI I. COUNTY and AGENCY understand and agree that liability under this contract is governed by Article 4413 (32c) Sec. 4g and Section 352.004 Local Government Code. This agreement is made in contemplation of the applicability of these laws to the agreement. ViTERLOCAL FIRE AGREE MW SOU'Iffi.AKE 5 Insofar as legally possible COUNTY and AGENCY 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 aforesaid, this agreement shall terminate and come to an end as if that were the day originally fixed herein for the expiration of the agreement. IX. This agreement may be terminated at 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, AGENCY 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 AGENCY 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. OnERLOCAL FIRE AGREEgENT soUTinAKE / ii M X. The fact that COUNTY and AGENCY accept certain responsibili- ties 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 AGENCY nor COUNTY waives or 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. XI. This agreement represents the entire and integrated agreement between AGENCY 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 AGENCY and COUNTY. XII. This agreement and any of its terms and provisions, 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 IlYTERLOCAL FIRE AGREEMENT SOMM AKE ,5;�- ? 7 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 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 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. XVI. COUNTY reserves the right to modify this agreement so as to define "fire call" and to establish a procedure for the certification of claims for payment as a fire call. IlYTF.RLOCAL FIRE AGREEVILNT SOUTffi.AKE 8 Executed in duplicate originals this, the day of . 1991. COUNTY OF DENTON BY: County Judge ATTEST: BY: Deputy, County Clerk AGENCY: BY: Fire Chief BY: Mayor APPROVED AS TO FORM AND CONTENT: Attorney for Denton County INTF.RI.00AL FIRE AGREENIEZIIT SOUTHLAKE Date Date 9 STATE OF TEXAS, ) ) ss. COUNTY OF DENTON. ) BEFORE ME, the undersigned authority, on this date personally appeared Honorable , Denton County Judge, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the foregoing Interlocal Cooperation Agreement for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said County. GIVEN under my hand and seal of office this day of . 19 Notary Public for Texas Commission expires: STATE OF TEXAS, ) ) ss. COUNTY OF DENTON. ) BEFORE ME, the undersigned authority, on this date personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that (he) (she) executed the foregoing Inter - local Cooperation Agreement for the purposes and consideration therein expressed and in the capacity therein stated and as the act and deed of said GIVEN under my hand and seal of office this day of . 19 U4 E.RLOCAL FIRE AGREEMENT SOUTTUAKE Notary Public for Texas Commission expires: 54-1z 10 City of Southlake, Texas — ` M E M O R A N D U M {1 January 3, 1991 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Request excuse of Commissioner Bob Dowdy absence from December 5 and December 19, 1991 P & Z Meeting. Mr. Joe Wright, Chairman, Planning and Zoning Commission, has requested your consideration in excusing Bob Dowdy's absence at the December 5 and December 19 P&Z Commission Meetings. Mr. Wright expects Bob Dowdy to be back in town for the January 9 meeting. Section 11.03 of the City Charter as amended by the voters in January, 1991, provides that "...a member of the Commission shall forfeit his office if he fails to attend two (2) consecutive regular meetings of the Commission without being excused by the Council." Please contact Mr. Wright should you have any questions. CG kb 516-! k,rty u1 ouuunanu, IwAab M E M O R A N D U M December 30, 1991 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 91-71 Zoning Change Request REQUESTED ACTION: Zoning change request; 1.8465 acres, William Winn Survey, Abstract No. 1660, Tract 1D LOCATION: 1700 Randol Mill Avenue on the west side of Randol Mill Ave. (across from Loma Vista Addition) OWNER/APPLICANT: Thomas J. and Susan Joy Holbein CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-lA", Single Family-lA Residential LAND USE CATEGORY: Low Density Residential BACKGROUND INFO: Property annexed into the City in October, 1987 as "AG" and rezoned "AG" in September, 1989 with the adoption of the new zoning map. NO. NOTICES SENT: Thirteen (13) RESPONSES: No written responses. Two (2) telephone inquiries: Glen Pitts, property owner to the South, and Berwyn Henderson, property owner to the Northeast. Neither gave an opinion. P & Z ACTION: December 5, 1991; Approved (5-0) the "SF-lA" request. COUNCIL ACTION: December 17, 1991; Approved (5-0), First Reading, Ordinance No. 480-63. STAFF COMMENTS: The applicants are seeking the zoning change in order to make application to the Board of Adjustment for a Special Exception Use Permit (i.e. family quarters). Per the Subdivision Ordinance (Section 2.02 A.3.), platting is not a prerequisite for constructing an accessory building on a single tract of land zoned either "AG" or residential. h KPG 7A- I CITY OF SOUTHLAKE APPLICATION FOR CHANGE OF ZONING Submittal Date: r/11111 Case Number: ZA *-V Fee: $100.00 Receipt No.-55G"Mrj PLEASE TYPE OR PRINT A. APPLICANT OWNERS) (if different) Name: Agent: 03,ey AOP-,0i4-ecJ dress: 1-700 Lich/-Ar C- /' / // 52 Telephone: B. PROPERTY DESCRIPTION: Legal Description: ( ✓ ) Property is unplatted according to the County Deed Records Vol. , Page It is shown as Tract %L) of the i�Uj,'IrAl 7 2 P aSurvey, Abst . No. / Q , City Tax Records. ( VI) A metes and bounds description is attached. ( ) Property is platted and described as: Subdivision Name: Block , Lot(s) Block , Lot(s) ( ) Address of Subject Property: Property Location: /-70 v 0,9-n ooAcreage: / 147 d ol2eS ( ) A typed mailing list of all property owners within 200 feet of the subject property is attached. ( ) A current survey or plat map is attached. ( ) A concept plan shall be submitted for "CS", "SF-30", "SF-20A", "SF-20B", "MF-1", "B-111, "B-211, "HC", "S-P-2" zoning requests. (Required prior to development site plan submittal, but optional at the time of zoning request for "0-1", "0-2", "C-111, "C-211, "C-311, "C-411, "I-1", 11I-2" zoning districts.) ( ) A development site plan shall be submitted with zoning requests in the "MH" and "S-P-1" zoning districts. IA-7- City of Southlake Application for Change of Zoning Page Two C. NATURE OF THE REQUEST: D. E. Present Zoning: Requested Zoning: /Q -9r-& c v I S j— — I Existing Use: 2 PSro( Pam► +ta( Proposed Use: Reason for Requesting the Change: D-r Cr-vest 14ou5p de+-c-C hvd ) AUTHORIZATION BY OWNER(S): I (We) hereby authorize the City of Southlake and its employees to enter upon the premises herein above described at ali reasonable times for the purpose of erecting, maintaining, or removing signs to notify the public of the pending zoning application and/or public hearing concerning said application. I (We) release the City of Southlake and its employees from liability for any damages which may be incurred to my (our) property in the erecting, maintaining, or removal of said signs. I (We) further understand that it is necessary for me (us) to be present at the Planning and Zoning Commission and City Council public hearings. Signature of Owner Name Tyn AUTHORIZATION IF AGENT INVOLVED: %f1 `f'7CG4 " If " >9h1 , owner of the aforementioned t I have given my permission to act as my agent for this rezoning �'ho/n-0s T //17 .421 xC� �v SSA-A/_10 V 3el /V Signature of ner(s) Name Typed or Prihted Date &1-1A/ /o a8 -Q property hereL-- (;:?ap2r j Me,'R ,D% req �/I A.v J ertify th ) to Before me, a Notary Public, on is subscribed to the foregoing he or she executed the same for expressed. Givep under my hand and seal of 19 A Y P BVIC IN AN11 FOR TEXAS My Commission expires the lie or Prin Date this day personally appeared known to me to be the person whose name instrument and acknowledged to me that the purposes and consideration therein office this day of A _h) W.&X' MARY F. MONTOYA +.) Notary ?ubiic t ' ��• ' '%% state Ot Texas ''•�'c "i�� .�y Comm. E,o Acid 16, 15 a 19 94. U -3 NO Being all that certain tract or parcel of land situated in Tarrant County, Texas out of the WILLIAM WINN SURVEY, ABSTRACT NO. 1660, and being the tract described in Deed recorded in Volume 7665, ["age 872, Deed Records, Tarrant County, 'Texas and being more particularly described as follows: BEGINNING at the Southeast corner of said tract recorded in Volume 7665, Page 1660, Deed Records, Tarrant County, Texas, in the centerline of Randol Mill Avenue (formerly County Road 3035) from which an iron rod found bears South 88° 53' West, 25 feet; THENCE North 000 52' West, a distance of 185 feet to an iron pipe found for corner, said point being the Northeast corner of said William Winn Survey; TffE:NCE South 88' 52' West along the North line of said Survey, a distance of 433.23 feet to an iron rod found for corner; 111E:NCE: South 00 04' 57" West, a distance of 184.98 feet to an iron rod found for corner; UHENCL North 8,30 53' Fast, a distance of 436.30 fact to the PLACK OF BEGINNING and containing 1.8465 Acres of Land. 7A-q 63 �Y A4 r/ 40 I Y sAt � tnarnc ae>r.� /(I/ I 7~e � a ram AARaft ` 7AT1-. .�- „r I6.9 3 SA rrr>rr M. ti ti I,AI _� i •rr Y t I V. SURVEY ABST. NO 1068 / N Y A85T. N* 2 � ISA4 ` C4ES ID '0 - - 2A341 I - - - - i ' ; 3 Wyk. I SAe Ie Ac. 1 �, :2cs 7ms=zc I 1 13 Z.F II I I 1A zez �I' FE D — i ! �SA, _ I OBI 10 2A e� r_ .A6 S SURVEY ABST. N1166Q rE-4 IA77 ni E .I 11 I • — � I � I L.J "r— i-'GGr-1 wESTLdKE R > . E: IGI : IGF L B -:- LI r1 I 5L '� /�LLLER5 Ei I J I cz i:Ici a �ir•1�� �Ri� 6c ,,lo SURVEY ABST. Nt 253 3C _ -7v ISAe. Sx 6x 241 2A / i• / . ---- -- --RP"�4MILS ATES Ls - �- 6AI IAIAI 69 -- — 2B a8�.2—' r2-8�1 285 2c--Y. WALKER _ —ASS _ _ / ! �A!mlc~ 21.7 �T-r-T—T- SURVEY ABST NO1604'-6elAi6el `�----I T'- `�j '.� � --t 667A IIW IAIA IAIA ,IAIA {I2, �+ I�� ��:�1 l2D2C 2 '2D2E y-j W. W iG �179J �UV 696 682 I IAW2F i - 1� `�� SURVEY ABSJ7j4522 26 1 I IAIA2D bee 6es /� - � �p C^^ 1AAA/�IIA3r��. //''''�� IAL�A3�1-% Lr r�{{'- `.�1 � I .I �„ lyo - . I 2C:DI i -- 6e9 694 -.i ,V dJWUWU�JV IiY. �I\S.l�al1 u' , �%I -' 1 � 7 / I\ III'-- t612 pII SURVEY AB T. NQS19 { I I KEGLER 1 I __ I I 'r 2CICI 2ACIC 2061� 9 19919A2 i9A14 I -- , 2C 38 D D D l J e.� MAP AC TRAGT LOCATION i �. III 3CII ' ' '.I IE '—i TR 2C5 I TR 2C6 .82 AC .84 AC TR 2C4 .84 AC TR 2C7 .82 AC TR 2A5 2.9 0 i W �• TR 2 10.15 AC TR TR 2C TR 2C1 TR 2C1 2C11 *C .52 AC 5 .84 .56 AC rAC TR 2C8 TR 2C9 TR 2C10 'a 2Ca .0 AC .56 AC .52 AC .57 AC a ebb, William r Ac . TR 28 283 racer, C. 1.08 AC TR 282 � 1.1 AC TR 202A Wallace, Delbert "AG' "AG" i.o6 AC I TR.2A2 Henderson, B T3�lffstetle E. TR „ ,* .72 Ac GTR.28 TR.281A TR.286 TR:285 2A, AG p .i A .62 Ac .8 Ac .66 AC 1- Vann, J. q Vann, James "AG" "AG" — — 113 � � TR.1A9 C •1 McGovern, M. a. a Ac I SR QKlosterman, Wm. i'- 0 •{ tts, Glen E. 2 TR. 1 1 TR. . iJ TRAH i Ac lase W Av .81 AC 5 U 1 6 "AG" "AG" I Vogt , Randall T R. 1 A 6 M 3.72 AC A Pierce, E I te+ N 1 ^ i —lrr TR. t1'{. M 8 9 lA5A CD p 1 E 363 1 ~ Wiggins, Gene D. 2 10 24 AC Q„AG" "AG" a u a In TR. N ',ASB TR. en 5 AC < 1.76 AC a Ci -" Cr Q TR.ia7 2 AC TR. IF .85 AC TR.1G .( ISTA Ac I Ac60�1 TR. IS i Ac I ( ADJACENT OWNERS & RANOOL MILL AVE I I 1 A- G I I ZONING 12 ` I1 sJa.L� M Ica 6 -� Y M- t MM I AI. nnw Rn Ns 30801 u • 3 SA TA - wcs, J v A 2A tt. n�xrtAt. ti t l -t• � h R �' T1 • -O ! it7cic'P �!. in`� Gail A GR 4 � � � • �--- AZ SURVEY ,..- �il"Q'��IAL SURVEY ABST. N+ 1068 �./ _ Y ABST. M •• (- - I>AG I. lt!•m4cIAL- 103.�. � sK 1s.•. a — ✓tm PAW( KS-Ty8T22�' � 1 _ S F' 2C z 'zn a• f :p m 1tV1IFAC'MZIWP 3 A. iez''8 I E ZaA2A `- 2�2� 2eS.2e• 61 3 A �. T 1 I Y I ilA1. ��,� SIL f�s `URVEY aBST. N+1660 - ` a A FR IiS. ace° i a :a I E ireire—� a L- iA 1_ 68 ' --II .--� - ;— 111 Vl1A u"-Nr WESTL.2KE Gl :", iGI ,N ` d - + 1 sc _ i•IJIN AEUEA s-: G2 i,io r3, RVEY ABST N+ 253 'G•. 3c j. Ou Ac. 2'a '11A:s al! by aAis�� MI �'I• t r�C - OVA. WA. - 17 ��y� (( (y (� (� •i3� psi°' --- - aV . �riY lL W tG W _ 69 - - - - -- —Laic gc-'/ c % / � 28. BI 29i 295 29: SURVEY ABST. N41604 1 �. c 294. � 1 I` —Bra _ QI IAIA Ia.a !Li 4 d.a :�Ns��da2A - - — - a�40 28 2C 2 20 2E - IJ r. 686 I 6B2 iAW2F _-�OOp lSi -.��• -. _� _ SuavEr aBST :Y�4 522 - 29 li 6B9 I 683 I uia2G — 1 1 �> ar_ zc —aG 689 6 . _ 2 ie11 ' 9 - SURVEY AB, N4519 � - I `-1 KEL1E 1 zcc . 20e- iF i81 3A. S; ]E J �I 38 9 9 9 19 9A2 9AIA E 0 G 3 R • � 96: 2Ai 2a 'Ac 3A, i iEi 2aiA I_-- �__-_' 60 ac . -mot �I 3CII —_� �F i t 1.. �H��U ZONING MAF!STNQsrEXISTINGYrMpc. r I1B; rA �O ��6A 60 dA2B Ixw q• s s 1� F i O I1 a u I a � I 1 ' (,; r7VV1i1Lni�u, su��cs =� ORDINANCE -,NO. 480-63 _. AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 1.8465 ACRE TRACT OF LAND OUT OF THE WILLIAM WINN SURVEY, ABSTRACT NO. 1660, TRACT 1D, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-1A" SINGLE FAMILY-1A, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise 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 7A-y the proposed use around ound the site and in the immediate neighborhood; adequacy of parking as.:determined by requirements�ofh_..;_.. 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: Ordb mce No. 480-63 Pate 2 gA-It Being approximately a 1.8465 acre tract of land out of the William Winn Survey, Abstract No. 1660, Tract 1D., and r more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural to IISF-1AII Single Family-lA District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each Ordinance No. 480-63 Page 3 7A-I( 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 (W , 1991. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1991. MAYOR ATTEST: (W CITY SECRETARY Ordinance No. 480-63 Page 4 APPROVED AS TO FORM AND LEGALITY: (W CITY ATTORNEY A DATE: ADOPTED: EFFECTIVE: Orate No. 480-W rqc5 7A- i3 ORDINANCE NO. - AN ORDINANCE OF THE CITY OF SOIITHLARE, TEXAS PROVIDING FOR THE ADOPTION OF A COMPREHENSIVE MASTER PLAN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Section 11.06 of the Southlake City Charter provides for the adoption and updating of a Comprehensive Master Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: SECTION 1 Pursuant to Section 11.06 of the Southlake City Charter, a Comprehensive Master Plan shall be adopted and updated on an annual basis by the City Council, and shall contain a planning consideration for a period of ten (10) years. The Comprehensive Master Plan shall consist of a Land Use Plan, a Thoroughfare Plan, a Water System Plan, a Sanitary Sewer System Plan, a Storm Drainage Plan, a Park System Plan, and such other plans as may be adopted from time to time by a majority vote of the City Council. SECTION 2 The different elements of the Comprehensive Master Plan, as adopted and amended by the City Council from time to time, shall be kept on file in the office of the City Secretary of the City of Southlake, along with a copy of the minute order of the Council so (W adopting or approving same. slake%masterplan.ord(121791) Any existing element of the -1- 7,6_/ Im Comprehensive Master Plan which has been heretofore adopted by the city Council shall remain in full force and effect until amended by the City Council as provided herein. SECTION 3 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such -ordinances are hereby repealed. SECTION 4 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unc onstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 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. slake\masterplan.ord(121791) -2- w w Im PASSED AND APPROVED ON FIRST READING ON THIS DAY OF ' L' , 1991. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1991. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Gik©il.ev— City Attorney Date: /c;k-17—V ADOPTED: EFFECTIVE: slake\masterplan.ord(121791) -3" %Q-3 City of Southlake, Texas M E M O R A N D U M January 2, 1992 TO: Curtis E. Hawk, City Manager FROM: Greg Last, City Planner SUBJECT: Landscape Ordinance (Ninth Draft 12/27/91) The enclosed draft includes changes previously discussed by Council. These changes are highlighted by "clouds" within the text. The square footage calculation (Section 3.3) was changed to eliminate the inclusion of any floors above the second floor in the calculation for required landscape area. The same section was modified to reduce the required landscape area for specific zoning districts and industrial buildings greater than 10,000 square feet. The legal boilerplate (Sections 14, 16 and 17) have also been modified to eliminate some overlapping language. There is some concern that the combination of the landscape ordinance with the existing bufferyard requirements is excessive. The following chart shows the existing planting requirements for all bufferyards. To the right of the asterisk (*) is a recommended change in plant requirements for each bufferyard. I feel we could reduce this somewhat in combination with the landscape ordinance and still have adequate treatments. UNDER - CANOPY STORY BUFFERYARD TREES TREES SHRUBS WIDTH NOTE A 1 2 8 5' B 2 4 12*10 10' C 4*3 6*4 18*12 10" D 6*4 10*6 25*18 10, E 3 6 9 10, Fence-F1 F1 4 8 12 10, Fence-F1 F2 4 8 12 10' Fence-F2 G 2*1 4*2 6 10, Berm -B1 Further, I feel we could allow a minimum three foot (3') high planting hedge as an alternative to the berm in bufferyard 'G'. This would still provide for screening of cars while not creating drainage or maintenance problems. The bufferyard section of the zoning ordinance would have to be revised separately. This could be done in early spring if the council so desires. Please place this on the next council agenda for their consideration. GL/gh LANDSCP.CEH/GLORIA ORDINANCE NO. 544 AN ORDINANCE OF THE CITY OF SOUTHI.AKE ESTABLISHING CRITERIA AND REGULATIONS FOR THE INSTALLATION OF LANDSCAPING IMPROVEMENTS ON NON-RESIDENTIAL CONSTRUCTION AND MULTI -FAMILY CONSTRUCTION, OTHER THAN DUPLEX USES; PROVIDING FOR DEFINITIONS; PROVIDING FOR IRRIGATION REQUIREMENTS; PROVIDING FOR PROTECTION OF A VISIBILITY TRIANGLE; PROVIDING FOR THE PRESERVATION OF EXISTING TREES; PROVIDING FOR THE SUBMISSION OF LANDSCAPE AND IRRIGATION PLANS; PROVIDING FOR LANDSCAPING IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY; PROVIDING FOR MAINTENANCE OF LANDSCAPING IMPROVEMENTS; PROVIDING FOR MODIFICATIONS, VARIANCES, AND APPEALS FROM THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR CHECK FOR BOILERPLATE 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 (W the Local Government Code; and, WHEREAS, the City Council of the City of Southlake has determined that minimum landscaping requirements for non- residential and multi -family dwelling (other than duplex) uses is necessary to adequately protect the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHI.AKE, TEXAS: ORD/544/GLORIA LANDSCAPE ORDINANCE Table o n Ninth raft Date: 12/ 7 91 PAGE Le 1.0 PURPOSE AND INTENT 2.0 DEFINITIONS 2.1 General Rules . . . . . . . . . . . . . . . . . . 1 2.2 Definitions . . . . . . . . . . . . . . . . . . . 2 3.0 LANDSCAPE/IRRIGATION REQUIREMENTS 3.1 General . . . . . . . . . . . . . . . . . . . . . 3 a. Existing Buildings . . . . . . . . . . . . . 3 b. Pad Site Developments. . . . . . . . . . . . 4 3.2 Buf feryards . . . . . . . . . . . . . . . . . . . 4 3.3 Interior Landscape Area Requirements . . . . . . 4 a. Planting Requirements. . . . . . . . . . . . 4 b., Example. . . . . . . . . . . . . . . . . . 5 c. Locational Requirements. . . . . . . . . . . 5 d. Enhanced Pavement Credits. . . . . . . . . . 5 e. R.O.W. Landscaping Credits . . . . . . . . . 5 3.4 Parking Lot Landscape Area Requirements. . . . . 5 a. Existing Trees . . . . . . . . . . . . . . . 6 b. Planting Requirements. . . . . . . . . . . . 6 c. Exemptions . . . . . . . . . . . . . . . . . 6 3.5 Visibility Triangle . . . . . . . . . . . . . . . 6 3.6 Irrigation Requirements . . . . . . . . . . . . . 6 a. Water Conservation 6 b. Water Conservation Credits 7 4.0 EXISTING TREE PRESERVATION 4.1 General . . . . . . . . . . . . . . . . . . . . . 7 4.2 Trees 12 " or Greater . . . . . . . . . . . . . . 7 a. Building Footprint . . . . . . . . . . . . . 7 b. Parking Areas . . . . . . . . . . . . . . . . 7 4.3 Existing Tree Credits . . . . . . . . . . . . . . 7 5.0 PLANT MATERIAL 5.1 Quality Standard . . . . . . . . . . . . . . . . 7 5.2 Recommended Plants . . . . . . . . . . . . . . . 7 5.3 Size Requirements When Planted . . . . . . . . . 8 a. Tree Measurement . . . . . . . . . . . . . . 8 b. Minimum Sizes . . . . . . . . . . . . . . . . 8 6.0 LANDSCAPE/IRRIGATION PLAN REQUIREMENTS 6.1 Qualifications to Prepare Plans. . . . . . . . . 8 6.2 Landscape Plan Requirements. . . . . . . . . . . 8 6.3 Irrigation Plan Requirements . . . . . . . . . . 9 7.0 OTHER RELATED REQUIREMENTS 7.1 Screening (Ord. 480, Section 39) . . . . . . . .10 7.2 Outside Storage (Ord. 480, Section 38) . . . . .10 8.0 IMPROVEMENTS IN PUBLIC R.O.W./EASEMENTS 8.1 General. .10 8.2 R.O.W. Use Agreements. .10 8.3 Replacement Responsibilities . . . . . . . . . .10 /e-3 LANDSCAPE ORDINANCE < Table of Con Ninth Draf Date: 12/27/91 (continued) PAGE 9.0 REVIEW PROCEDURES 9.1 Submittal Requirements . . . . . . . . . . . . 10 a. Application Checklist. . . . . . . . . . 11 b. Fees . . . . . . . . . . . . . . . . . . 11 9.2 Authority for Review . . . . . . . . . . . . . 11 9.3 Review Process . . . . . . . . . . . . . . . . 11 10.0 MAINTENANCE 10.1 General . . . . . . . . . . . . . . . . . . . . 11 10.2 Plant Replacements . . . . . . . . . . . . . . 11 10.3 Plan Requirements . . . . . . . . . . . . . . . 11 11.0 ENFORCEMENT 11.1 Building Permit . . . . . . . . . . . . . . . . 12 11.2 Certificate of Occupancy . . . . . . . . . . . 12 a.Temporary Certificate of Occupancy . . . . . 12 12.0 MODIFICATIONS, VARIANCES AND APPEALS 12.1 Modifications . . . . . . . . . . . . . . . . . 12 12.2 Variances and Appeals . . . . . . . . . . . . . 13 13.0 VIOLATIONS . . . . . . . . . . . . . . . . . . . . . 13 14.0 SEVERABILITY . . . . . . . . . . . . . . . . . . . . 13 15.0 CONFLICTING ORDINANCES . . . . . . . . . . . . . . . 14 a SAVINGS CLAUSE - - . . . . . . . . . . . . . . . . 14 PUBLICATIONS CLAUSE. 14 18.0 EFFECTIVE DATE . . . . . . . . . . . . . . . . . . . 14 19.0 APPENDICES . . . . . - . . . Appendix 'A' - Recommended Plants. . . . . . . . . . 15 Appendix 'B' - Required Landscape Summary. . . . . . 16 Appendix 'C' - Typical Plant List. . . . . . . . . . 17 Appendix 'D' - Typical Plans . . . . . . . . . . . . 18 LASPTBL.9TH/GLORIA LANDSCAPE ORDINANCE 1.0. PURPOSE AND INTENT The purpose of this ordinance is to provide for the orderly and aesthetic development of the City and to promote the health, safety and general welfare of the community. It is the intent of this ordinance to achieve the following: - A balance between the need for landscape treatments and the need for commercial growth in the City. - Promote a flexible attitude of enforcement sufficient to meet the spirit and intent of these requirements. - Promote mutually beneficial improvements by utilizing incentives rather than penalties. - To aid in stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, ground -water recharge, storm water runoff retardation and erosion control. - Provide for the separation and buffering of incongruous uses and intensity of activities; and provide for the visual softening of building masses. - Reduce glare from paved surfaces, dust nuisances and the impact of noise. - Protect and promote the value of residential and commercial properties within the City. - Promote a positive image for the attraction of new business enterprises within the City. - Encourage the protection of healthy trees and vegetation and promote the natural ecological environmental and aesthetic qualities of the City; 2.0 DEFINITIONS 2.1 GENERAL RULES: For the purpose of this ordinance, the following rules shall be applied in constructing, interpreting or otherwise defining the terms and provisions hereof: 1. Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural shall include the singular. 2. The word "shall" "may" is permissive. -1- is mandatory and the word 2.2 DEFINITIONS: For the purpose of this ordinance, certain words or terms .applicable hereto are defined as hereinafter provided. Words and terms used in this ordinance, but not defined in this ordinance (W shall have the meanings ascribed thereto in the Comprehensive Zoning Ordinance of the City. Words and terms defined in both ordinances shall be read in harmony unless there exists an irreconcilable conflict in which case the definition contained in this ordinance shall control. BUFFERYARD: A bufferyard is a unit of land, together with a specified amount of planting thereon, and any structures which may be required between land uses to eliminate or minimize conflicts between them. BUILDING FOOTPRINT: The area of the building in contact with the ground. CALIPER: Diameter of the trunk measured one foot (11) above ground level. CANOPY TREES: A perennial woody plant, single or multiple trunk, contributing to the uppermost spreading branchy layer of a forest and may be commonly referred to as shade trees. ENHANCED PAVEMENT: Any permeable or nonpermeable decorative pavement material intended for pedestrian or vehicular use. Enhanced pavement includes brick (60" or stone pavers, grass paver and stamped and stained concrete. GROUND COVER: Low growing, dense spreading plants typically planted from containers. INTERIOR LOT AREA: The area of the lot remaining after subtracting out the area included in the bufferyards. LANDSCAPE ADMINISTRATOR: The City Manager or his designee. LANDSCAPE ARCHITECT: A person registered as a Landscape Architect in the State of Texas pursuant to state law. LANDSCAPE AREA: An area which is covered by natural grass, ground cover, or other natural plant materials. LAWN GRASSES: Thin bladed surface growing plants typically planted from seed, sprigs or plugs. LICENSED IRRIGATOR: State of Texas to systems. A person duly licensed by the design and install irrigation PERMEABLE PAVEMENT: A paving material that permits water penetration. R.O.W. PARKWAY: That area within the public right-of-way (R.O.W.) between the back of curb or edge of pavement and the right-of-way line. SEASONAL COLOR: Landscape areas used for annual and perennial flowers intended to maintain year-round color accents. SHRUBS: Plants which grow vertically in a multi -branched growth pattern. UNDERSTORY/ACCENT TREES: Small evergreen or deciduous perennial woody plants which would grow below the top layer of the forest and typically has unique branching, textural or seasonal color characteristics. 3.0 LANDSCAPE/IRRIGATION REQUIREMENTS 3.1 GENERAL: The requirements herein shall apply to all new non-residential construction and multi -family construction other than duplex uses. The requirements for landscaping shall combine the bufferyard requirements, minimum landscape areas on C_ the interior portion of the lot, and minimum landscape areas for parking areas. a. Existing buildings: Buildings in existence on the effective date of this ordinance shall be considered legally nonconforming as it pertains to this ordinance. The requirements herein shall not apply to new construction necessary to replace a legally nonconforming structure which has been destroyed by fire. New construction intended to increase the square footage of the existing building by 30% or greater shall be required to meet the requirements herein. Such 30% shall be based on the original nonconforming structure in existence on the date of approval of this ordinance. Any new construction which exceeds 5,000 square feet shall be required to meet the requirements herein. The requirements herein shall pertain only to the square footage of the proposed new construction. -3- b. Pad site developments: Pad site developments or ground lease developments shall be required to provide landscaping. in accordance with the interior landscape requirements of Section ` -3.3-.;,...- herein. 3.2 BUFFERYARDS: All plant material required by the bufferyard section of the Zoning Ordinance (Ord. 480 as amended, Section 42) shall be shown on the required Landscape Plan. 3.3 INTERIOR LANDSCAPE AREA REQUIREMENTS: The amount of landscape area required on the interior of the lot (excludes bufferyards) shall be based on the square footage of the proposed buildings. The square footage of the building for the purposes of this ordinance will be the sum of the square footage of the first floor added to one-half the square footage of he second floor. (Excluding mezzanines) For single-s ory reta anchor tenants having greater than 20,000 square feet of area, the building square footage shall be the front width of the building multiplied by a depth of sixty feet (60'). -r. 41 E, REPLACES -r N E S Q E pn E 1V T Fo R LoL The required landscape area for each zoning shall be based on the percentage (%) of the effective floor area as determined above in accordance with the following chart. ZONING CS, MF-1, MF-2, 0-1, 0-2, C-1, C-2, C-3, HC C-4, B-1 B-2, I-1, I-2 (Building less than 10,000 S.F.) B-2, I-1, I-2 (Buildings 10,000 S.F. or greater) % OF FLOOR AREA 50% 40% 40% 30% All buildings in SP1 and SP2 and buildings other than Single Family or Duplex uses within PUD shall meet the requirements of the closest zoning category noted above. a. Planting Requirements: The following plants shall be required within the interior landscape areas at the ratio indicated. - 1 Canopy Tree per 400 - 1 Understory Tree per - 1 Shrub per 40 square - Ground Cover - 10% of -4- square feet 200 square feet feet required area b. Example: Three story office building (0-2 zoning), each floor has 4,000 square feet. First Floor = 4,000 Second = 2,000 Third = 0 Effective Floor area 6,000 Times 50$ x .50 Required Landsapearea 3,000 sq.ft. Required Canopy Trees @ 1/400 sq. ft. = 8 Required Understory Trees @ 1/200 sq. ft. = 15 Required Shrubs @ 1/40 sq. ft. = 75 Required Ground cover area @ 10% = 300 sq. ft. C. Location Requirements: A minimum of 75% of all required plant material within the interior landscape areas shall be in the front and along either side of the building between the building and the interior edge of the required bufferyards. d. Enhanced Pavement Credits: For every one foot (11) of enhanced pavement area, the required interior landscape area may be reduced by one-half foot (.5'). The maximum credit given for enhanced pavement shall be ten percent (10%) of the required interior landscape area. e. R.O.W. Landscaping Credits: The required interior landscape area may be reduced by a maximum of ten percent (10%) when the applicant chooses to establish, irrigate and maintain turfgrass within the R.O.W. parkway along the front of their property. The percentage credit shall be based on the percentage of the parkway irrigated. (i.e. 50% of parkway irrigated, 5% credit) 3.4 PARKING LOT LANDSCAPE AREA REQUIREMENTS: Planter islands shall be provided in parking areas on the basis of ten (10) square feet of landscape area for each parking stall provided. (Approximately one island per 16 stalls) Each row of parking stalls shall provide the required landscape area, however, it shall be the applicant's right to place the islands near the buildings, throughout the parking, or at the end of the rows away from the building. The Landscape Administrator may modify the island requirement for each row in situations where it would appear beneficial to combine an awkward or hazardous island into a larger island within the parking area. Planter islands shall have a minimum width of 8' back-to-back if curbed or 9' edge -to -edge if no -5- curb is intended, and shall be equal to the length of the parking stall. Parking lot landscape areas do count towards the total required interior landscape area. a. Existing Trees: The Landscape Administrator may approve variations to the planter island requirements in order to preserve existing trees in interior parking areas. For existing trees the minimum width of the planter island shall be as follows: 6" caliper or less = 8' minimum width 6" - 12" caliper = 12' minimum width greater than 12" caliper = 18' minimum width b. Planting Requirements: A minimum of 50% of all planter islands in parking areas shall contain a minimum of one (1) canopy tree with the remaining area in shrubs, ground cover, grasses or seasonal color. Planter islands which have light poles for lighting the parking areas may substitute two (2) understory/accent trees for the required canopy tree. C. Exemptions: Parking garages are not required to provide landscape areas interior to the parking area. 3.5 VISIBILITY TRIANGLE: No requirements herein shall be deemed to require plantings which would conflict with the visibility triangle at the intersection of public R.O.W. as defined in the Subdivision Ordinance. Consideration should also be given to visibility at the intersection of major driveways with the public R.O.W. 3.6 IRRIGATION REQUIREMENTS: All required landscape areas shall be irrigated by an automatic irrigation system designed by a Licensed Irrigator, Landscape Architect or other professional authorized by the State to design such systems. Natural meadows of wild flowers or other native habitat shall not be required to be irrigated. a. Water Conservation: The City would like to promote the use of efficient irrigation methods and practices. Where possible in planting beds, flood irrigation, porous pipe or emitter/drip systems should be utilized. Where slopes do not allow flood systems, flat spray heads should be utilized under shrubs rather than upward spray heads on risers above shrubs. Lawn spray heads should have low precipitation rates, run for longer periods of time, and water infrequently to promote deep root growth for grasses. b. Water Conservation Credits: Where flood irrigation, emitter/drip systems, or porous pipe are utilized in at least 75% of all shrub beds, the required landscape area may be reduced by 10%. 4.0 EXISTING TREE PRESERVATION 4.1 GENERAL: One of the City's greatest assets is the existence of many specimen quality native trees. One objective of this ordinance is the preservation of these trees while allowing quality development to take place. 4.2 TREES 12" OR GREATER: All existing specimen trees with a caliper of 12" or greater shall be saved in landscape areas as a part of the development. a. Building Footprint: The above requirement shall not apply to the area intended for the actual building footprint plus a reasonable distance outside this area for construction vehicle maneuvering and grading requirements. b. Parking Areas: The above requirement shall not apply to the area intended as a fire lane or parking stalls. 4.3 EXISTING TREE CREDITS: Existing trees which are saved in landscape areas having an area at least 50% of the drip line shall be granted credits toward reducing the required plantings as follows: Size of Tree Saved Canopy Understory 6" - 12" caliper = 2 or 3 12" caliper or greater = 3 or 4 5.0 PLANT MATERIAL 5.1 QUALITY STANDARD: All plant material shall be of No. 1 grade, free from plant disease, of typical growth for the species, have a healthy, normal root system, rounded branching pattern, and shall conform to the code of standards set forth in the current addition of the American Standard for Nursery Stock. 5.2 RECOMMENDED PLANTS: Shown in Appendix 'A' is a list of recommended plants within each plant material type. The applicant may propose plants other than those listed if the plant seems appropriate for the intended use or the applicant maintains a plant care program sufficient to properly care for the proposed plant material. The City reserves the right to approve plants and planting through an appointed -7- Landscape Architect, horticultural ist, or other person so qualified. 5.3 SIZE REQUIREMENTS WHEN PLANTED: All plants shall equal or exceed the following measurements when planted. Plants larger than specified may be used but use of such plants shall not decrease the size requirements of other proposed plants. a. Tree measurement: Canopy and understory trees with single trunks shall be measured by caliper size one foot (11) above the ground line. Multi -Trunk trees shall be measured by the height of the tree. b. Minimum Sizes: Minimum plant size when planted shall be as follows: Plant Material TvDe Canopy Tree Single Trunk Multi -Trunk Clump Understory Tree Shrub* Deciduous Evergreen Groundcover Minimum Size 1 1/2" caliper 6 feet (height) 4 feet (height) 15 inches (height) 12 inches (height) 4" containers * The Landscape Administrator may approve smaller size shrubs based on unusual growing circumstances and/or on a specific design which reflects the overall intent of this ordinance. 6.0 LANDSCAPE/IRRIGATION PLAN REQUIREMENTS 6.1 QUALIFICATION TO PREPARE PLANS: For all lots greater than 30,000 square feet, Landscape Plans shall be prepared by a Registered Landscape Architect. For lots less than 30,000 square feet, a Landscape Designer or Landscape Contractor, knowledgeable in plant materials and landscape design may also prepare the landscape plan. Irrigation plans shall be prepared by a Licensed Irrigator or Landscape Architect. 6.2 LANDSCAPE PLAN REQUIREMENTS: The following items shall be provided on the required landscape plan. a. Sheet size 24" x 36", or as approved. b. Acceptable scale: 1" = 10', 1" = 201, i" = 40' or as approved. C. North arrow, graphic and written scale in close proximity. d. Appropriate title (i.e. "Landscape Plan") -8- e. Title block includes street address, lot and block, subdivision name, city, state, date of ' preparation. f. Name and address of owner. g. h. Name, address and phone of firm preparing plan. Boundary shown with dimensions. i. Any existing utilities shown. (i.e. water, sewer, storm drain, gas, electric, cable, etc.) J. Width and type of bufferyards labeled on all sides. k. Location, caliper size and name of all existing trees 6" caliper or more which are to be preserved. 1. Location, quantity, size and name of all proposed plant materials. M. Maintenance note provided. (Section 10.1) n. Label type of any enhanced pavement proposed. o. Visibility triangles shown. P. Landscape Architect seal signed and dated. q. Plant list shown with format similar to Appendix 'C'. r. Any berms delineated with one foot (11) contour intervals. 6.3. IRRIGATION PLAN REQUIREMENTS: The following items shall be provided on the required irrigation plan. a. Sheet size 24" x 3611, or as approved. b. Acceptable scale: 1" = 10', 1" = 20', 1" = 40' or as approved. (Must be same as Landscape Plan) C. North arrow, graphic and written scale in close proximity. d. Appropriate title (i.e. "Irrigation Plan") e. Title block includes street address, lot and block, subdivision name, city, state, date of preparation. f. Name and address of owner. g. Name, address and phone of firm preparing plan. h. Boundary shown with dimensions. i. Location of all existing trees 6" caliper or larger which are to be saved. j. All pipes labeled as to size. k. All heads labeled as to type. (Legend is acceptable) 1. Backflow prevention labeled with type and size. M. Connection to water service shown after meter. n. Second meter (with size) shown if intended. o. Any existing utilities shown. (i.e. water, sewer, storm drain, gas, electric, cable, etc.) p. Note on plan: "All backflow installations and connections to city water lines must be permitted separately by the City inspection staff. Call (817) 481-5581, ext. 750." q. Maintenance note provided. (Section 10.1) -9- r. Plan sealed, signed and dated by qualified professional as authorized by State law. 7.0 OTHER RELATED REQUIREMENTS 7.1 SCREENING: All the requirements of the Screening section of the Zoning Ordinance (Ord. 480 as amended, Section 39) shall be met and shown on the required landscape plan. 7.2 OUTSIDE STORAGE: All the requirements of the Outside Storage section of the Zoning Ordinance (Ord. 480 as amended, Section 38) shall be met and shown on the required landscape plan. 8.0 IMPROVEMENTS IN PUBLIC R.O.W. / EASEMENTS 8.1 GENERAL: It is not the intent of this ordinance to require landscape improvements within public R.O.W. However, a maximum of ten percent (10%) of the required interior plant material may be placed within the R.O.W. parkway if the parkway area is irrigated. Should the applicant elect to provide improvements in public R.O.W., the following shall apply. 8.2 R.O.W. USE AGREEMENTS: Prior to any landscape/irrigation improvements within public R.O.W., a R.O.W. Use Agreement shall be duly executed in conformance with the requirements set out by the Director of Public Works. 8.3 REPLACEMENT RESPONSIBILITIES: The City shall endeavor to require replacement of all landscape/irrigation improvements as a part of contracts to install public utilities within public R.O.W. and/or public easements. The City and owner shall not be responsible for replacing these improvements. In the event the City anticipates utility improvements conflicting with intended landscape/irrigation improvements, the City may require that the applicant wait to install said improvements until after the public improvements have been installed or under certain circumstances, the City may prohibit landscape improvements within the R.O.W. 9.0 REVIEW PROCEDURES 9.1 SUBMITTAL REQUIREMENTS: The Landscape Administrator shall establish administrative procedures necessary to facilitate the implementation and enforcement of this ordinance. -10- a. Application Checklist: All submittals shall be accompanied by an application form and completed checklist. Landscape Plans shall be accompanied by the required Landscape Summary (Appendix 'B'). b. Fees: All submittals shall be accompanied by a check payable to the City in the amount specified by City Council. 9.2 AUTHORITY FOR REVIEW: The Landscape Administrator shall be responsible for the review of all plans submitted in accordance with the requirements of this ordinance. 9.3 REVIEW PROCESS: The Landscape Administrator shall review the required submittals and provide the applicant with a written summary of the review. It shall be the applicant's responsibility to revise the submittals as necessary to obtain approval. 10.0 MAINTENANCE 10.1 GENERAL: The Owner, tenant and their agent, if any shall be jointly and severally responsible for the maintenance of all landscaping and irrigation. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. All irrigation heads or lines which are broken and flow water shall be replaced/repaired immediately to prevent the waste of water. 10.2 PLANT REPLACEMENTS: The Owner shall be responsible for replacing all plant material which shows dead branching over 75% or more of the normal branching pattern and repair of irrigation system requirements set herein for the period of one (1) year from the date of the issuance of a Certificate of Occupancy. Plant materials which die shall be replaced with plant material of similar variety and similar initial size. Upon notification by the City of such replacements, the Owner shall have thirty (30) days to comply with these requirements. 10.3 PLAN REQUIREMENTS: Paragraph 10.1 above shall be shown on the Landscape Plan and the Irrigation Plan. -11- 11.0 ENFORCEMENT 11.1 BUILDING PERMIT: No building permits for building, paving, grading or construction shall be issued until a Landscape Plan meeting the requirements of this ordinance has been approved by the Landscape Administrator. Under certain conditions such as a "Fast Track" building process for large developments, the developer and the Landscape Administrator may negotiate the submittal of a Landscape Plan at some time after the issuance of the original building permit. 11.2 CERTIFICATE OF OCCUPANCY: All plantings, screening, berms or other requirements of this ordinance shall be installed prior to the issuance of a Certificate of Occupancy (C.O.). Any sod intended must be installed, hydromulch areas must be sprayed. Turf establishment is not required prior to issuance of a C.O. a. Temporary Certificate of Occupancy: In any case in which a C.O. is sought at a season of the year in which the Landscape Administrator determines that it would be impractical to install plantings as required herein, a Temporary Certificate of Occupancy (T.C.O.) may be issued for the intended use for a period not to exceed six (6) months. Prior to the issuance of a T.C.O., the applicant shall provide a letter of credit, or escrow deposit in an amount sufficient to cover the installation of the landscape and irrigation requirements herein, plus a 10% contingency. Such amount shall be evidenced by an itemized bid prepared by a qualified contractor. Upon the failure of the applicant to complete the installation requirements, the City shall have the right to draw upon the letter of credit or escrow deposit to complete the installation of the requirements herein. Any funds in excess of those required to complete the installation shall be retained by the City to offset its administration costs. 12.0 MODIFICATIONS, VARIANCES AND APPEALS 12.1 MODIFICATIONS: Whenever there are practical difficulties involved in complying with the provisions of this ordinance, the Landscape Administrator may grant modifications in individual cases provided he shall first find that a special individual reason makes strict compliance with this ordinance impractical; that the modification is in conformity with the intent and purpose of this -12- 7c - ordinance; and that the proposed modification is at least the equivalent of the requirements prescribed by this ordinance. Such modification may only be made upon written application filed with the Landscape Administrator and the details of any action granting a modification shall be recorded and entered into the files of the City. 12.2 VARIANCES AND APPEALS: Any applicant who desires a variance or elimination of the requirements herein, or who desires to appeal a decision by the Landscape Administrator, shall file a written appeal with the City Manager for consideration by the City Council. Such appeal shall be accompanied by adequate graphic reproductions, a written summary of the request, and justification for such request. The City Council shall have the authority to grant an interpretation or variance to the requirements of this ordinance. In granting any variance, the City Council shall determine that a literal enforcement of the regulations herein will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. The decision of the City Council shall be final. 13.0 VIOLATIONS: Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed Five Hundred Dollars and No Cents ($500.00) for all violations. Each day that a violation is permitted to exist shall constitute a separate offense. 14.0 SEVERABILITY: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid { judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and r sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragragh or section. -13- 7'f--/'? 15.0 CONFLICTI_NG ORDINANCES: This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the city; and this Ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby 16.0 SAVINGS CLAUSE: All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulations for installation of landscaping improvements 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. 17.0 PUBLICATIONS CLAUSE: The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by section 3.13 of the Charter of the City of Southlake. 18.0 EFFECTI E DATE: This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. 19.0 APPENDICES It is anticipated that the following changed periodically by the Landscape response to changes in the administration -14- 72 - /,-s � appendices will be Administrator in of this ordinance. APPENDIX 'A' - Recommended Plants Common Name Botanical Name Overstory/Canopy Tree an Carya illinoensis dar Elm Ulmus crassifolia Red Oak Quercus Shumardii Live Oak Quercus virginiana Bur Oak Quercus macrocarpa Lacebark Elm Ulmus parvifolia Chin. Pistache Pistacia chinensis Bald Cypress Taxodium species Honeylocust Gladitsia triacanthos 'var.' Southern Magnolia Magnolia grandiflora Understory/Accent Trees Bradford Pear Pyrus calleryana 'Bradford' Redbud Cercis canadensis Yaupon Tree Ilex vomitoria Crape Myrtle Lagerstroemia indica Jap. Black Pine Pinus thunbergi Purpleleaf Plum Prunus cerasifera Vitex Vitex Agnus-castus Shrubs Photinia Photinia Fraseri Eleagnus Eleagnus pungens Yaupon Holly Ilex vomitoria 'nana' Carf irf Burford Holly Ilex cornuta 'Burfordii nana' rf Chinese Holly Ilex cornuta 'Rotunda' Tam Juniper Juniperus sabina 'Tam' Sea Green Juniper Juniperus Chinensis 'Sea Green' Japanese Barberry Berberis thunbergi Flowering Quince Chanomeles 'Texas Scarlet' Texas Sage Leucophyllum frutescens 'nana' Forsythia Forsythia intermedia Spiraea Spiraea prunifolia Pampas Grass Cordateria Selloana Ground Covers Juniper Species Monkey Grass Mondo Grass Asian Jasmine Vinca/Periwinkle Purple Euonymus Carolina Jessamine Halls Honeysuckle Coral Honeysuckle dy Banks Rose Comments Deep tap root Disease resistant Red fall color Hardy evergreen Nice branch character Fast growth, disease resistant Fall color Likes wet feet, fall color Lacy foliage, fall color Large evergreen, white flower Shiny foliage, disease resist. Long flowering in spring Very hardy Some die -back Great color, best of pines Purple foliage Native, purple flower Tall, red foliage spring/fall Gray, tolerates heat/drought Dense rounded growth Shiny green leaf Low rounded growth, tough Low growth, tolerates heat Arching growth Thorns, red foliage Red flower, early spring Gray foliage Yellow flower in early spring White flower, April -May Fall flower Jun. horizontalis, procumbens Tolerates heat/drought Liriope muscari Hardy, blue flower Ophiopogon japonicus Small dark leaves Trachelospermun asiaticum Some die back Vinca Major Shade Euonymus fortunei 'coloratus' Vines Gelsemium sempervirens Yellow flower Lonicera japonica 'Halls' White flower Lonicera sempervirens Red flower Rosa Banksiae Yellow flower -15- 7,! � - /,? Common Name APPENDIX 'A' - Recommended Plants Botanical Name Comments an ar'Elm Red Oak Live Oak Bur Oak Lacebark Elm Chin. Pistache Bald Cypress Honeylocust Southern Magnolia Bradford Pear Redbud Yaupon Tree Crape Myrtle Jap. Black Pine Purpleleaf Plum Vitex Photinia Eleagnus f Yaupon Holly (:.a,.rf f Burford Holly Chinese Holly Tam Juniper Sea Green Juniper Japanese Barberry Flowering Quince Texas Sage Forsythia Spiraea Pampas Grass Juniper Species Monkey Grass Mondo Grass Asian Jasmine Vinca/Periwinkle Purple Euonymus Carolina Jessamine Halls Honeysuckle Coral Honeysuckle (W iy Banks Rose Overstory/Canopy Tree Carya illinoensis Ulmus crassifolia Quercus Shumardii Quercus virginiana Quercus macrocarpa Ulmus parvifolia Pistacia chinensis Taxodium species Gladitsia triacanthos 'var.' Magnolia grandiflora Understory/Accent Trees Pyrus calleryana 'Bradford' Cercis canadensis Ilex vomitoria Lagerstroemia indica Pinus thunbergi Prunus cerasifera Vitex Agnus-castus Shrubs Photinia Fraseri Eleagnus pungens Ilex vomitoria 'nana' Ilex cornuta 'Burfordii nana' Ilex cornuta 'Rotunda' Juniperus sabina 'Tam' Juniperus Chinensis 'Sea Green' Berberis thunbergi Chanomeles 'Texas Scarlet' Leucophyllum frutescens 'nana' Forsythia intermedia Spiraea prunifolia Cordateria Selloana Ground Covers Deep tap root Disease resistant Red fall color Hardy evergreen Nice branch character Fast growth, disease resistant Fall color Likes wet feet, fall color Lacy foliage, fall color Large evergreen, white flower Shiny foliage, disease resist. Long flowering in spring Very hardy Some die -back Great color, best of pines Purple foliage Native, purple flower Tall, red foliage spring/fall Gray, tolerates heat/drought Dense rounded growth Shiny green leaf Low rounded growth, tough Low growth, tolerates heat Arching growth Thorns, red foliage Red flower, early spring Gray foliage Yellow flower in early spring White flower, April -May Fall flower Jun. horizontalis, procumbens Tolerates heat/drought Liriope muscari Hardy, blue flower Ophiopogon japonicus Small dark leaves Trachelospermun asiaticum Some die back Vinca Major Shade Euonymus fortunei 'coloratus' Vines Gelsemium sempervirens Yellow flower Lonicera japonica 'Halls' White flower Lonicera sempervirens Red flower Rosa Banksiae Yellow flower -15- 7C ;,- 0 APPENDIX 'B' REQUIRED LANDSCAPE SUMMARY PLANTS PROVIDED Canopy Understory Shrubs BUFFERYARD SUMMARY Canopy Trees North: Width - Level - South: Width = Level = East: Width = Level = West: Width = Level = INTERIOR LANDSCAPE SUMMARY Building square footage - First Floor = One half square footage - Second Floor = Sum for effective floor area = Required interior landscape area = sq. ft. CREDIT SUMMARY Less 10 % credit for water conservation Less credit for enhanced pavement (max. 10%) Less credit for R.O.W. Landscaping (max. 10%) Net required interior landscape area = sq. ft. REQUIRED PLANTING SUMMARY Existing* Net Required Tree Cr. Required Canopy Trees @ 1/400 sq. ft. _ Understory Trees @ 1/200 sq. ft. _ Shrubs @ 1/40 sq. ft. _ Ground cover area @ 10% = sq. ft. 75% of required planting in front and along sides of building? Yes *EXISTING TREE CREDIT SUMMARY Applied To Canopy Understory Trees Trees Trees @ 6" - 12" caliper Trees @ 12" caliper or greater -16- No mmmmm mmmmm r-4rt� C'1 mP9N!N I . . mmmm Ica I A :1MRit �� n-hhhhh r r h h r r sssss�s 4/444994 to to to N to �o to of§o9ga h h h h h h h hht`-hC1-hn+ .� ri r♦ r; ri ri a+ a+ a+ a+ c+ a+ m to to to to Lo u F. ei !q 9 �! h h h h h r c%.• c►- r r C%. P, LA ng9 00 8888888 V4co �V-4rco -IN aaaaawa i H IM ra rl 4 i 4 rr 9-4 rl rl ri rl rl to m� IhC-N-rhhh c- r r r h r h 54 6UFFEKYkKO IA 1551 C►K wash q 00 so. FT • �IO 1 I •: CAS STA'tt ON 900 SQ.FT. I ° 20NINC c �G-Z' SCALE 1"= 40' V N I I LL 0 , I. . 1 � r FR NO L C,�T AREq = 38 y 38 SQ. FT. I REQo. PROVIDED ! L. ANDSGAmc> AREA �3s'�.) 1,3 I10(LZ S.F. (51 BUFFER b,RE �, _ 51 42,$ ST (14 CAN p P'C TRIrES 3 3 ® LANDSC. RREN= 1)9ZZS.F. 5°/0> UNOERSTO"TREES % 7 64RLies 34 CROUNO COYEK 13s S.F. BUILDING-7 SQ. FT. = 21i00 S.F. I FRou'� �s loE %jo I Z S.F. 1� 1? 5 S.f. 91z6�q t � m S-' R- maT Ia LOT ARE A = 26, 8 12 - 1 oo �uFFt:2 AREA t 3(�8 S - l y % �. AN�SGAPEO AREA l,AP1DSC. AREA= 7� 'f 37 - Z 8 5U1LD1H4 AREA= :5$645 SQ• GT. G 4�OPY TitE>=S A GGEMT TRt.ES SH 2uB S L,lZau►.1D covER 17e -,y BUFFER NO scut•• irtTERlotZ r`••••�- BUFFER TOTAL PRGVIDE'D l,9 2 3 3/,785 So ll,ZZZ C7DA) (IIf%% /�77 IZ%'&) \\14 CH2%) 517 (ti 10 is Za ZS 148 34 8 2 S Z 1 `t P- s.P. SI SUFFEKYDRD ,At In IDS BUFrr5XYAQD 'G�—> — 100 ��o LOT AREA = 3o,io5 S.F GAIvcP�C TREES BUFF ,K AREA 6� � � s.F — ZOyO U N OERSTO�'( TREES LM Lp,NPSG. AREC�= Z,7o0 s•F - g° s�Itulss L, ROUND covEc- 5UlLDI146q SQ.Fr. = 2155� S.F. 5iiRU8S uNo6 RSToFL( TREE ,,,ry THE S 9soo. PROVIOED 1� z7 S (4ye� 2,700 3 3 6 6 32. � z 8 s.f• ZI; O/c i t� i 4 I ► o� u j BANK SUILDINEa FT, I SCC.LE: I"= SOS 0 0 1 OT AREA = 79171 S — ► DO•% L�UFFFM AREA = q) 875 - 6 % LANDSCAPE D+REA= 131655 — 17 'fie BUILDING kREA. = 9,SZ6 — IZ'/- �N. REQD. RE COD. .im-re c Ui5 FFEK LANDSc►.PED aRt A `f1'763 4)875 /e OF LOT AREA 6% 6./ GA.NOPY TREES I Z to AeG.GENT TRt£5 Z 14 111 SHRUB'sp 120 Lt0 Z..,ROUHO [.aver: H 76 S.F. , O Gj f:t00. T DTR1- °I,6 3 B 12% ZZ 43 164 ti -7 6 FROVIOUD 18) 430 Z 31• ZZ y3 164 4 '7 b i 0 0 1 0 12/27/g1 ft CW►T>A weer 6uFpert"faKDJ LOT AREA = 79J715 - 1 CO'/e 4UFFEC NREN = '7)o50 - 9 % LANDSCAPE NREA= 12►305- 15 _BUILPIM kRE A = 9,SZ 6 - 12 '/e LANDSG►.FEO AREA /o of LOT c.REA _GANo?Y TREES D,G.ceKT TReE5 SF:RUt35 '.,ROuIio cover. % -2 i' � WILL t:3KIMfi 7'wo ��.kL-r RT A'Covr To MSE-rl No 9EQ4. ►NTERso[ Re00. ua FFEK RrQo. T0TR0. PROVIDED 5)'763 i 050 II)st3 ►9, 355 6% � 90/. 15 % Z4'/e IZ 1y Z6 Zb 5P- 5z 120 75 late ►95 H 76 S.F. - 47 6 47b PASSED AND APPROVED ON FIRST READING ON THIS DAY OF A 1992. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1992. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: NOTOR.LAN/GLORIA 3.3 INTERIOR LANDSCAPE AREA REQUIREMENTS: The amount of landscape area required on the interior of the lot (excludes bufferyards) shall be based on the square footage- of the proposed buildings. The square footage of the buildin for the ur oses of this ordinance will be the,sc Lu.are foo a e of the firs loor on For single-s ory retai anc or tenan s having greater than 20,000 square feet of area, the building square footage shall be the front width of the building multiplied by a depth of sixty feet (60'). The required landscape area for each zoning shall be based on the percentage (%) of the floor area as determined above in accordance with the following chart. OF ZONING FLOOR AREA MF-1, MF-2, 0-1, 0-2. . . . . . . . . . . . . .50% C-1, C-2, C-3, HC . . . . . . . . . . . . . . .50% CS, B-1 . . . . . . . . . . . . . . . .30% C-4, B-2. . . . . . . . . . . . . . . . . . . .20% I-1,& I-2 Buildings less than 10,000 S. F.. . .20% I-1 & I-2 Buildings greater than 10,000 S.F.. .10% All buildings in SP1 and SP2 and buildings oth r than Sin le Family or Duplex uses within PUD o of er istrict shall meet the requirements of the c osest zoning category noted above. a. Planting Requirements: The following plants shall be required within the interior landscape areas at the ratio indicated. - 1 Canopy Tree per 600 s uare feet - 1 Understory�ee per 0 square feet - 1 Shrub per square eet - Ground Cover - 10% of required area REQLANSC/GLORIA y1360 _ ..No rm�w 1 � /6�92 S'-A- BUFFER f� (Two -STorIZT L a.Youz> Re Qv. R'EQO REQD. INTERtot'. 11(•! FFER TOTDO- LOT AR EA = 79, 7 IS -' t 00% L.ANOSC►.PED AREA 73I If 5 -7) 050 1 4) l `15 19) 6Z S JFFEV. AREA = 7, 050 - 9 % /e of LOT &REA, 9 % 9 °/0 180/0 Z50/0 AHD�CAPE DREA=- IQ�575 - �6% CANOPY TREES DcC.GENT TREES is 36 ! `f 7-8 3 Z 64 32 64 BUILDIN4 XREA = 9)SZ6 179 75 Z54 2!94 Agouria covEIZ 7► S — -7 15 "j 1 5 s DRIVE 5TREE T LOADIM4 AREA INPUS`TRIAL 13UILPINl I oo,oao 50, FT. y LOT 09RE,9 = Z88,0= SQ• FT, N 6.61 AG Rfl5 4oc 100' 5-A- J5uFFER )O'-G- SUFFER REQD. REQD. REQD. PROVIDED PROVIDED TOTAL INTERIOR BUFFER TOTAL INTERIOR BUFFER PROVIDED LANDSCAPE AREA (S.F.) 30,000 21,300 51,300 57,350 21,300 78,650 AS % OF LOT AREA 10% 7% 18% 20% 7% 271 CANOPY TREES 75 22 97 56 22 78 ACCENT TREES 150 42 192 30 42 72 SHRUBS 750 168 918 750 168 GROUND COVER (S.F.) 3,000 -0- 3,000 3,000 -0- 3,000 City of Southlake, Texas M E M O R A N D U M December 30, 1991 TO: Curtis E. Hawk, City Manager FROM: Greg Last, City Planner SUBJECT: Resolution 92-02, Conoco request for variance to masonry ordinances No. 311 and 415. ------------------------------------------------------------- Attached you will find a letter dated 1/2/92 from Jean O'Keefe which formally requests a variance to the masonry requirements for a 10' x 30' foam building within their development. The masonry ordinance requires that all buildings and structures located in zoning district I-2 must have at least eighty (80) percent of the exterior walls fronting any street, excluding doors, constructed of masonry materials or glass, and the remaining walls or portions of walls shall be constructed of masonry materials, wood, glass or decorative metal (other than metal with a galvanized finish). The following is the current definition of masonry materials Section 2. Definition of "Masonry Materials." "The term masonry materials shall mean and include brick, stucco, cement, concrete tilt wall, stone rock, or other masonry or materials of equal characteristics." Attached is Section 3 of Ordinance 311 describing the procedures for granting the variance. Please note that approval of a variance requires an affirmative vote of three -fourths of the City Council members present. As required, twenty (20) property owners within 200 feet of the property were notified. Two (2) written responses were received: 1) John E. Hall, 1215 Timberline Court who was opposed. He stated since the building is on a well traveled highway, he feels Conoco has the financial means to conform to the Ordinance. 2) Phillip & Wanda Thompson, 1235 Timberline Court were in favor of the request. Please place this item on the City Council agenda for their consideration. ZIO.- GL/gh encl. Conoco letter dated 1/3/92 Section 3, Ordinance 311 on variance procedures Resolution 92-02 JAN 2 '92 13:04 FROM S T LAKE CHARLES PAGE.002 (conoco .kr�ef O'KMfe conoco Ire. 3519 Patrkk Street souilm" Division lake Chorkn4 LA 70NO Supply 8, Tmuportedon (318) 473. M January 2, 1992 Mr. Curtis Hawk City Manager City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Dear Mr. Hawk: I respectfully request a variance to Ordinance No. 311, which requires masonry construction of exterior walls, for the foam storage building at the Southlake Products Terminal. (iiiw The foam storage building is being constructed as part of the installation of a foam sprinkler system which was requested of the City of Southlake Fire Department. The foam storage building is professionally designed to match the existing building at the Southlake Products Terminal which are of metal construction and painted Light Khaki. Section 3 of Ordinance No. 311 allows a mechanism for obtaining a variance, which I think is appropriate for the storage building for the following reasons: 1) The variance will permit the foam building to be constructed to match the existing buildings at the Southlake Products Terminal. 2) The variance will allow the building to be painted in Light Khaki according to Conoco's Image Enhancement Program. Conoco has invested a great deal of time and money to ensure the foam storage building has a first class appearance. We sincerely hope the City of Southlake will support our effort to construct this building through the variance to Ordinance No. 311. Sincerely, ()(6v 4 O Keefe Project Engineer U -2 Section 3. Variance. The City Council, upon application duly r filed, may allow a variance from the terms of this ordinance and the R requirements set forth herein upon an affirmative vote of three- forths (3/4) of the City Council members present and voting to grant such variance. The application for a variance shall set forth in specific language the grounds or reasons upon which such variance request is being made. The variance, if granted, shall be in writing, signed by the Mayor, and shall set forth the grounds or reasons upon which the variance was approved. In the event that a variance application is rejected by the City Council, no other variance shall be considered or acted upon by the City Council upon the same structure or proposed structure for a period of less than six (6) months subsequent to the said denial. I 3 Z --F- -I, � $ 9� I,fa _ sILA`�"aW ,N qA I RESOLUTION NO. 92-02 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS GRANTING A VARIANCE UNDER ORDINANCE NO. 311, AS AMENDED, TO THE MASONRY REQUIREMENTS FOR CONOCO'S FOAM STORAGE BUILDING AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas has heretofore adopted Ordinance No. 311, as amended by Ordinance No. 415, setting forth certain minimum masonry requirements for nonresidential buildings and structures which are located within the city limits of Southlake, and WHEREAS, a variance to the masonry requirements set forth in those Ordinances has been requested by a person or corporation having a proprietary interest in property as more particularly described in Exhibit "A" attached hereto; and WHEREAS, in accordance with the requirements of Section 3 of Ordinance No. 311, as amended, the City Council has given the requisite notices by publication and otherwise, and has afforded a full and fair hearing to all property owners generally and to the persons interested and situated in the affected area and in the vicinity thereof; and WHEREAS, the City Council does hereby find and determine that the granting of such variance is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION I That a variance is hereby granted to the Masonry Ordinance No. 311, as amended, on the property described in Exhibit "A" attached hereto, subject to the provisions contained in the aforementioned ordinances and the restrictions set forth herein. The specific grounds or reasons upon which this variance is granted are: 1. The variance will permit the foam storage building to be constructed to match the existing buildings at the Southlake Product Terminal. 2. The variance will allow the entire building to be painted in light khaki according to Conoco's Image Enhancement. 9A-5 Im SECTION II The following specific requirements and special conditions shall be applicable to the granting of this variance: 1. The variance will only apply to the foam storage building. SECTION III That this variance shall become effective on the date of approval by the City Council. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF . 1992. APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: RES92.02/GLORIA 9A-b MAYOR ATTEST: CITY SECRETARY City of Southlake, Texas ' CITYM QiTT M E M O RAN D U M January 3, 1992 TO: Curtis Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Appointment to Fire Reserve Force The following individual is recommended to be approved as a volunteer firefighter in the Fire Reserve Force of the City of Southlake, conditional to his drug screening and physical that is being scheduled by Rim Bush. Dennis Minder /j C BC mr pw\memo\DMinder City of Southlake, Texas M E M O R A N D U M January 3, 1992 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell Director, Department of Public Safety SUBJECT: City's Participation in Volunteer Firefighter Training City administration, as has Council, agreed that it is in the City's best interest to participate in the funding of volunteer fire training. Our current ordinance indicates that the volunteers must meet the Fire Marshal's recommended volunteer certification program. The attached Policy Statement addresses the City's commitment in funding this training and places that authority with the Fire Services Director and his budgetary considerations. Additional training will be reviewed at budget time by the Fire Services Director in the same manner as all additional training matters are addressed by all other City departments. ja BC/mr Attachment pw\memo\Trngvol.FF 10�6-1 City of Southlake, Texas Volunteer Firefighter Certification Policy Statement Volunteer firefighters appointed to the Fire Reserve Force of the City of Southlake are required to be certified as a Volunteer Firefighter by the State of Texas, within twelve (12) months of appointment. Training necessary to meet the requirements for State certification as a Volunteer Firefighter will be provided by the City of Southlake at City expense. It is the City's policy to provide opportunities and incentives for members of our work force to increase their individual level of education and expertise in their related job duties, thereby enhancing their job skills and degree of professionalism and subsequently improving the ability of the work force to provide continued quality service to the community. In keeping with the above, Volunteer firefighters who wish to pursue training courses which lead to State certification beyond the required State Fire Marshal's recommended certification for volunteer firefighters, may request to be reimbursed for the tuition for the additional certification program. Requests for reimbursement of certification training program costs must follow policies and procedures established by the Director of Fire Services and must be submitted on the form provided by the City. Such request are subject to the availability of funds, and approval by the Deputy Director of Fire Services, the Director of Public Safety, and the City Manager. City of Southlake, Texas CITY MANAG MEMORANDUM VP ri January 2, 1992 TO: Curtis Hawk, City Manager FROM: Chris Terry, Asst. to the City Manager SUBJECT: VOLUNTARY PARKS FUND DONATION PROPOSAL At the request of the Southlake Parks and Recreation Board, staff has investigated the development and implementation of a voluntary Parks Donation for the City Council's consideration. The Parks Board has explored the possibility of establishing a $1.00 voluntary Parks Donation fee as a revenue collection source to be used for Southlake Parks and Recreation improvements and/or related community projects. After examining other revenue generating ideas such as sales tax contributions, the Board decided that this type of voluntary methodology would be the fairest approach to take. The Parks Board unanimously moved to recommend to Council that this donation procedure be considered as an additional revenue source for the City at their December 9, 1991 meeting. *>Mechanics of a Parks Donation Collection System — This fee would be added into the current water bill which is mailed out to Southlake's 2,580 water customers. Customers would be given the option of subtracting the Parks Donation from their total water bill if they choose not to participate. The City 's Water Billing Office will be reviewing the current water bill format in roughly 4-6 months. The Parks Board feels this would be an opportune time to make such a printing space addition to the water bill. Park Donations in Practice As part of staff research into this Parks Donation proposal, the area cities of Hurst, North Richland Hills, and Colleyville were contacted and provided the following information regarding similar donation systems which they have adopted. The City of Hurst has had such a system in place since 1983. Presently Hurst includes a .75 donation fee on each water bill. Hurst estimates collecting approximately $30,000 annually from their 13,000 water customers using this procedure. The average water bill in the City of Hurst is $36.08. /lam-i City of Southlake, Texas Curtis Hawk January 2, 1992 Page 2 CT The City of North Richland Hills also uses a similar voluntary donation procedure to collect approximately $102,000 annually. NRH adds $1.00 on to each water bill to generate an average water bill of $45.00. The City of Colleyville incorporates a $1.00 park and recreation fee into its water bill. This enables the City to collect approximately $45,600 annually for these purposes. The average monthly water bill in Colleyville is $50.00. // It/ -A City of Southlake, Texas 31 M E M O R A N D U M January 3, 1992 To: Curtis E. Hawk, City Manager From: Michael H. Barnes, P.E., Public Works Director Re: Reconstruction of F.M. 1709 In early December 1991, I contacted Randy Burkett of the Texas Department of Transportation concerning the City participating in the cost of the reconstruction of F.M. 1709 to be bid in July of 1992. It is my understanding that the City agreed to pay for the curb and gutter and parallel storm drainage. Mr. Burkett informed me that the City's cost would be approximately 2.5 million dollars. On January 3, 1992, a written request was sent to Billy Hardie, District 2 Design Engineer, to please submit to the City a formal cost estimate of the curb and gutter and parallel storm drainage. As soon as I get the written estimate I will forward it to you. If you have any questions, please contact me. MHB/lc