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1992-04-21 CC PACKET
City of Southiake,Texas M E M O R A N D U M April 16, 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 4/21/1992 1. Agenda Item No. 4 . Monthly Reports. The monthly financial reports were included in the mid-year review disseminated to City Council April 7. At the time of the last meeting we had not received our April report from the state on our sales tax receipts. The report is in your packet. Note that year-to- date payments are up 15%. FYI, Finance Director Lou Ann Heath in her checks discovered that two of our potentially substantial sales tax customers have not been credited to us. The exact amount is not known at this time, however, we will ! eventually receive our allocation now that it has been brought to the Comptroller's attention. Note the new report which tabulates the complaints received (W (pg. 4e6) . The report includes all but animal control complaints concerning dogs running loose, and fire code complaints. These are handled through Police and Fire i Services, respectively. Also, particularly note the reports on building permit activity (pp. 4el - 4e5) . 2 . Agenda Item No 5A Permission to advertise for Park Sewer. Note that the request is for permission to advertise for bids only. 3 . Agenda Item No 5B Approval of Building Inspector. This item was discussed during the mid-year review last Council meeting. During the presentation of the annual budget proposals last summer/fall, staff alerted City Council that if building permit activity remained at the same level as the previous (1990-91) year, staffing levels for inspection could also remain the same, however, if there were to be a substantial increase, we would need additional staff. Activity has increased substantially, which is good news. Thus we need the new staff position. The revenues from the new residential permits will more than offset the cost of the new inspector. 4. Agenda Item No 5C Advertise for bids for repairs to front end loader. Note this is a budgeted item. 5. Agenda Item No 7A Ordinance No 480-E concerning buff ervard revisions (Section 42) and PUD revisions (Section 30) . No Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interes April 16, 1992 Page 2 other questions have surfaced since the last meeting. Feel free to call Zoning Administrator Karen Gandy or City Planner Greg Last if you have any questions. 6. Agenda Item No 8A Ordinance No. 480-67 (ZA 92-08) . Request for S-P-2 with certain B-2 uses. Note the attached district regulations. The uses not circled are excluded from the request. Note also the staff comments on Karen Gandy's April 14, 1992 memo (pg. 8a-1) . 7 . Aaenda Item No 8D ZA 92-09 Revised Site Plan for Building Permit at Fina Oil site on HWY 26. Note the request for variance to the masonry ordinance. The new fire pump building was constructed after the City's request to improve fire protection at the site. 8. Aaenda Item No 10A Request to purchase Court Package upgrade to the Police computer system. The proposal will, if approved by City Council, increase our staff efficiency and effectiveness. The request is for an upgrade to our existing police system, thus will not require bidding. Note this is not a budgeted expenditure. Also note that the revenues which will be used to fund the purchase were not anticipated in the budget. Should City Council approve, both the expenditure and the additional revenues will be reflected in the revised budget for FY 91-92 . 9. Agenda Item No 10E Award of Bid for Fire Bay. Note that bids received were significantly higher than estimated. However, as noted in the memo (pg. 10e-1) , staff recommended the bid be awarded and the budget revised to reflect the additional $11, 600 expenditure due to the need for the improvements. 10. Agenda item No 11A Request to amend zoning ordinance by citizen. Since the zoning ordinance cannot cover every situation, these type of requests will occur from time-to- time. Other Items of Interest 11. Note the following attachments: • Transcript of 11/19/91 City Council meeting concerning light fixtures at Crossroads Shopping Center. Several of you have been approached concerning this item. • Letter from attorneys concerning question raised by Mr. Downard at April 14 public meeting on proposal bond Wlk gram. 4/15/1992 City Council Meeting 11/19/1991 Transcript Item #8D ZA 91-63 , Revised Concept Plan, Crossroads, PIMA Properties In response to Randol Boyd's question regarding lighting-- Barry Emerson. I believe what the Mayor, as I understood, is that he wants to instruct the staff to insure that the lighting doesn't encroach across the property line. Mayor Fickes. And that the illuminated fixtures are not visible--if you are standing on Whites Chapel Blvd. Randol Boyd. And Jerry does that do the trick for on you on the 25 feet? Jerry Farrier. No. Because I think we are going to restrict the height. I think the other thing that the City Manager brought up, that we might want to have that lighting signed off by registered engineer. And the problem that comes into play with light standard height, Randal, and I'm sure you understand this, the shorter the fixture the more of them you are going to have. That is obvious and so it could have a significant impact if we just arbitrarily pick an elevation to restrict it to. But I think if we set a parameter that says we don't want the light going off site, we don't want the illuminated fixture visible from off premises, and we want the light design approved and sealed by an engineer, then I think we have covered all the bases on the light that we can possibly cover. The point that that becomes, the point that comes out is in the motion that's when it gets finally stated. And then that gets massaged at that point. Randol Boyd. Where are we on the White Chapel exit and using some method to restrain trucks from exiting in Craig's backyard. Barry Emerson. I can't support restraining trucks. Just because Tmactpt.CC/CEH/kb Page 1 of what the Fire Marshal said. I mean, I just don't think that will work. I just don't think that's something we need to do at this point. Randol Boyd. Is the decision that that's based on,the time that it takes to unlock this one alternative. . . is that the bases. Barry Emerson. I'm basing it on the overall impact it would have on the fire service of the City. Mayor Fickes. My decision would be based on the fire plus the overall flow of the traffic through this center. This center,the way it is designed in my opinion,has excellent traffic flow. It disburses the traffic, not just the truck traffic, but it disburses all the traffic somewhat evenly to the two streets, and I just think it makes good sense that we have that particular entrance for fire control--to get in and out of the site. And if we can eliminate the lighting problem, which you said is a problem, we are not going to eliminate trucks on Whites Chapel. If we can soften the lighting problem, I think that's a good solution, hopefully, and it may not be the best solution for you but I think, overall to solve all the problems, it might be the best solution. Any other discussion. Entertain a motion. Barry Emerson. I would move that we approve ZA 91-63, subject to the review letter dated 11/15/92 specifically in reference to Item 11 that on lot 2 you eliminate the west bufferyard which was the same thing that we just previously did; also eliminate the west bufferyard on lot 3; and per staff recommendation, which I think your memo denotes, is that we eliminate the north and east bufferyard because of the common driveways; how am I doing so far, (Greg Last, also include the information on the concurrence with our recommendation for the postponing the future development bufferyards) You got that Sandy? That's part of my motion. Specifically to Item #2 is that the variance that's requested in parking be reduced from 330 to 302 parking spaces; that Item 13 that the variance requested from 50 fee as far as the building set back line along 1709 be reduced to 30 feet; pertaining to the light standards, and I guess I am open to suggestions here if someone has a disagreement as we make this motion, is that the light standards be limited to a maximum of 20 foot height from the pavement, that Trnacrpt.CC/CEH/kb Page 2 the light does not encroach past the property line, and that you cannot see the fixture from Whites Chapel, the illuminated fixture from Whites Chapel, and that the lighting be signed off by a certified engineer saying that all of that is possible, and that that be reviewed and addressed by staff; and that, I guess maybe we need to get specific here if I understood you right, David, you said the developer was, you were, willing to spend a $1, 000 to place trees, I want to be specific about somebodies particular backyard in my motion, that the developer will spend a $1,000 to plant trees opposite the two northerly entrances in the residents, at the residents direction to the east of the properties, that's a total of $1, 000 (comments back and forth regarding trees between Council and audience--Hall. . .evergreen. . . . Boyd. Can the homeowners possibly be involved in the selection of the tree types? Mayor Fickes. I think what David is saying it's your move--what you want to buy. Boyd. I think it should be a $1,000 in my backyard; Since I'm the only homeowner here raising cane. [?] you probably don't want any comment on that. Farrier. I think its going to miss your backyard all together Randol. Hall. No. . .want it to be where the driveways encroach and whoever that is. ) . Mayor Fickes. We have a motion. Evans. You have a second. Mayor. We have a second, any further discussion. Ayes: Hall, Evans, Farrier, Emerson, Mayor Fickes. Mayor Fickes. We are going to take a short break here. Boyd Randal. Can I make one last comment? David, let me tell you during last year, I have taken some very aggressive postures on this subject. I obviously have a tremendous vested interest. You have behaved yourself very professionally throughout this process, you got a little testy tonight, but you should have. And I know that I have been pretty aggressive with you guys, but it was a pleasure doing business with you, and I appreciate the trees in my backyard. Thank you. Item #8E ZA 91-64 Plat Showing, Crossroads PIMA Properties Applicant PEMA Properties. Karen Gandy presentation. Tmaorpt.CC/CEWkb Page 3 John Levit, need a 30' building line. Barry Emerson. Item 17? Can we make a motion? OK, thank you. I move that we approve ZA 91-64, I'm on a roll with these motions, subject to the review letter 11/15/1991, making the change to item #7 from a 50' building line to a 30' building line. Ralph Evans. Second. Tn=pLCGCEHhb Page 4 FIELDING , BARRETT TEL : 817-560-3953 Apr 16 ,92 10 :42 No .003 P .02 FIELDING, BARR ETT & TAYLOR CAavAx E.ADIC\S ATTORNEYS SUSAN S.HL�rnfnctt S.JONPS RORFRT M.ALUBOY $851 HIGHWAY 80 WEST,SLTTE 300 CIMM DAmm R.BAxxbTT' FORT WORTH,TEXAS 76116 WAYNI IC Mai oTr OLSCIN EImABCTu EI.AM TELF.PHO`'E(817)560-0303 TDA G.S AtLw •+ DA►TD Fm Dm FAX(517)M60.3953 J.MAmm Summm JossmmE GAa m E.AUM TAYLOR.Jrt E.GLL4N Gm & JAM P.WAGM DWAm D.Firm •BOARD CEXT&=PERSONAL WL RY TRIAL LAW— "BOARD CF]t OF L ALCrV S A'AL ATE LAW— * BOARD OF LEGAL SPECIA MATIO:I IWc�s BOARD OF LFOAL speDALaxImN CfVR TRIAL 3M..C7ALIST— NATIONAL BOARD OP TRIAL ADVOCACY April 16, 1992 Mr. Curtis Hawk City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Curtis: You stated that you have had inquiries concerning why people who do not own property are allowed to vote in a city bond election when Article 6, Section 3 of the Texas Constitution provides that in bond elections, only those may vote "who own taxable property in the . . . district . . . where the election is held . . . . 11 The reason is, that in 1975 the United States Supreme Court held, in the case of Hill v. Stone, that this voter restriction in the Texas Constitution is invalid. The case concerned a Fort Worth bond election for the construction of a library. The court held that in this type of election, such a restriction created an unreasonable classification and was, therefore, unconstitutional under the United States Constitution. Since that time, the State has ceased enforcement of the requirement even though the Texas Constitution has never been amended to remove the provision. It is now clear that under the U.S. Constitution, anyone who is otherwise qualified to vote, may not be prevented from voting in a bond election only because he does not own taxable property in the city. If you need additional information, please let me know. Sine ely, Analesl ie M cy AM/ds stake\voting.ttr MONTHLY DEPARTMENT REPORTS March 1992 ZONING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A PARKS & RECREATION . . . . . . . . . . . . . . . . . . 4B STREET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4C WATER/WASTERWATER . . . . . . . . . . . . . . . . . . . 4D BUILDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4E PUBLIC SAFETY 4F MUNICIPAL COURT . . . . . . . . . . . . . . . . . . . . . 4G FINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4H City-of Southlake,Texas CITY MANAGER PLANNING AND ZONING DEPARTMENT FEE REVENUE REPORT FOR THE MONTH ENDING 31 MARCH 1992 ZONING $ 200.00 NO. OF CASES (2) PLATTING 1,600.00 NO. OF CASES (2) SITE PLANS 150. 00 NO. OF CASES ( 1) SPECIFIC USE PERMITS . 00 NO. OF CASES (W BOARD OF ADJUSTMENT .00 NO. OF CASES MISCELLANEOUS INCOME 25.00 NO. OF RECEIPTS (2) -TOTAL REVENUE $ 1,975 .00 TOTAL NO. OF RECEIPTS (7) jr- 4 > N CD -5to �3 G O a a c o0 O o0 flLM Cl O Ln O O p O O Ul CD C�l C O O O � n n rr*. �O —2 O cn O OCD aN i Zlm-+ s- v "s a o 66 4-c c(c arpl _ c� O O 00 n S mm = r - ..r O t•Y N O t'7 = 0 CD 00 CD C OO 0 0 m rm n a a -M-4 O -C= n Q C ..� c+ O <�79 N N O p OO Nrm if O e+ CD N fD O a City-of Southlake,Texas MEMORANDUM CITYMA14AGER April 8, 1992 mfirm TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Street Department Monthly Report - March, 1992. ------------------------------------------------------------- The enclosed report details the Street Department activities for the month of March, 1992 . This report is to be included in the City Council packets for their April 21, 1992 meeting. 4/0 MHB/ck City.-of Southlake,Texas M E M O R A N D U M April 8, 1992 TO: Michael H. Barnes, Director of Public Works FROM: Ron Morain, Streets Supervisor SUBJECT: Monthly Report for Street Department March, 1992. ---------------------------------------------------------- Description March February 1 . Tons of asphalt used a. Ultimate Petroleum Mix 0 200 b. Hot Mix Asphalt 0 100 c. Cold Mix Asphalt 500 -0- The increase in cold mix asphalt used is due to blade laying asphalt on 900 feet of North Carroll Avenue north of Dove Road and approximately 1000 feet of Burney between North Carroll Avenue and Lonesome Dove. 2 . Lane Miles of Road Repaired 158 189 3 . Number of Street Signs Repaired or Replaced (all types) 37 56 4 . Feet of Ditch Line Cleaned and shaped 600 1,000 Ditch work was done on South Peytonville to improve drainage from the New High School. 5 . Number of Vehicles Repaired 1 0 Routine maintenance on all vehicles as required. f`�RNt/C:��' t City-of Southlake,Texas MEMORANDUM CITY MANAGER April 9 , 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Water Department Monthly Report - March, 1992. ------------------------------------------------------------ The enclosed report details the Water Department activities for the month of March, 1992 . This report is to be included in the City Council packets for their April 21, 1992 meeting. Aw MHB/ck UTILITY DEPARTMENT REPORT MONTH March 1992 FEB. MAR. GALLONS PUMPED FROM WELLS 0 0 PURCHASED FROM FORT WORTH 22,443,000 25,588,000 TOTAL PUMPED AND PURCHASED 22,443,000 25,588,000 WATER METERS SET 15 39 NEW WATER TAPS MADE 13 13 VALVES REPAIRED 1 0 VALVES TESTED 29 14 FIRE HYDRANTS INSTALLED 0 0 FIRE HYDRANTS REPAIRED 2 1 FIRE HYDRANTS FLUSHED 31 15 DEAD END WATER MAINS FLUSHED 30 0 WATER MAINS REPAIRED 1 3 WATER METERS AND SERVICE LINE REPAIRED 3 2 NEW ACCOUNTS 33 43 FINAL ACCOUNTS 26 40 LOCKED METER FOR DELINQUENT PAYMENT 9 8 PULLED METERS 1 1 METERS REPLACED 28 51 MISCELANEOUS WORK ORDERS 45 57 SEWER LIFT STATIONS CHECKED (2 L.S. ) 22 44 REQUIRED MONTHLY SEWAGE TESTS 40 16 SEWER PLANT MAINTENANCE (BANK & DOVE) 45 48 SEWER MANHOLES INSPECTED 5 22 MISCELLANEOUS PROJECTS 1 1 84 Man Hours Installing water main and service on Bass and Trout street in West Beach. WATER SUPERINTENDENT DIRECTOR OF PUBLIC WORKS MONTHLY REPORT SEND REPORT To, TEXAS DEPARTMENT OF HEALTH DMSION OF WATER HYGIENE WATER WORKS OPERATION FOR 1100 WEST 49th STREET C,ROUND WATER SUPPLIES AUSTIN.TEXAS 78756-3192 (1)Name of System City of So uthlake County Tarrant (1a) Water System I.D. No. '?000 7 S - Month of Jvlarch 19 9:.._ Day Pumpage to Distribution System in Thousand Gals. (6) (7) (g) (9) of (2) Direct (3) From Gnd. (4)Purchased (5) Total Disinfection Corrosion other Fluoride Month from Wells Storage from Others Pumpage Control Treatment Residuals 1 2 n 0 747.0 747.0 3 0 0 831.0 831.0 4 0 0 632. 632. 5 0 0 824.0 824.0 6 0 0 1 7 0 0 582. 8 9 849.0 849.0 10 11 n 0 963.0 963.0 12 13 14 0 0 1,051.0 1.05 1. 15 0 383.0 383.0 16 n 11304.0 11304.0 17 n n 657.0 657.0 18 0 0 680.0 680.0 19 0 0 908.0 908.0 20 0 0 934.0 9'4- 21 0 0 957.0 9S7.0 22 0 0 23 0 0 24 0 0 25 26 0 0 617.017.0 27 0 0 85S.0 855.0 28 n n 610.0 610.0 29 30 0 0 669.0 669.0 31 0 0 9S3.0 953.0 Total 0 0 25 588.0 Avg. 0 0 825.42 Mez. 0 0 1,304.0 1,304.01 Min. 0 0 No.of Active Water Services(10) 2 ,488 Chemical Analysis(11) 11-93 Dates and Results of Distribution Bacteriological Analyses(12) 8 SAMP FS - NECATTW Dates and Results of Raw Unchlorinated Well Water Samples(13) NONE Reservoirs or Tanks Cleaned(14) 8-8 7 Dead Ends Flushed(15) 3 S General Remarks(16) Submitted By(17) �/r Q� ��'- = -G� Certificate No.(18) 4SO-31-2396 All reports du b the 15th of the following month. 5/88 FORM.N21i 3 W_-3 ' I yr 0 -40 -W NOON coRraiLnN d' t0 Md' MOto .-I r to O h .-I ♦ N .-4 r-1 r-1 h N O N CO E+ H o+ o N o, w M O N Lncn -tr e (Dfn MLnLnMr-1 00m 0NO0000 N >4 U I r n H r-1 en Ln N %o h M h Ln O N V--I r 4 N N .--I ,.1 04 �nH01 1-4 Hw \ O r-1 rl w o, ;1 � r�-1 LnMODN .--1Oh 0ltohr� r-1 hN Ln %o �"� OO H E q N h 0 OD Ln M .--I d' .--I 10 can O M r�E o, a o, w0H p� a v W 7 EW a-1 + >1 4 r•1 O N CD v d' 0 01 Q1 00 Ln .--I r-4 h M t1'1 N CD M fh a InO r-1 r-1 d' ri 0) OD N d' M r4 w � M I w r� O x a .� x HDW V I,rw a zo eY� �MMNOOr-1 c' rnRtOO �o � owtoOOO � H M M N •-1 .i 10 a s w Ncri q M C r_4CgN OOM hODMOO r-1d' Md' OO .-1 0% N 0 W M ow M r-1 r-1 N N to N H �1 Q O .--I d' N N O .--I N h t!') 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IY0 t` 0000 ODO0 IO a 1 ri rn M In co In O M O ' k� NAOM InPNr� .1 /nor- In ct-o O VO � � Oa% M`1 V MItt ri M 14 N GO .1 N 000000000 0 A N O O O O O O O O O O UU O� N O M GD On N OD I.1 In 10 Ln a .1 a GOri f7 U1 N 17 f•1 V to R lT O N rn V' O N 1n N M \ v N Go In %D N at N N 000000000 O ri O O O O O O O O O O N M ri Ln N 0 In 0 OO OM 0 V' i rf 01 oI�1 to 0NV)N H %0 co co 0 i• r� O M OI M O IO M In N OD .� ri ri 000000000 O O O O O O O O O O O N D pq M O GD en N O co w P 1-4 V �IMI EQ� H N � OD N r- Go Ico O M IA rn (A M M 000000000 0 O O O O O O O O O o a M V 0 0 1n N M N G% O In I W Af OI Iry n1 UI M N t0 I•1 .-I r-I I M W I Oi G O D a N 0 U InD I a IO M N N Iry N 000000000 O O O O O O O O O O O 0000 0 0 0 a OrmGn I In Gn 0 0 0 0 O In In r Gn M In C% I d' N N OD OD M O U1 I` M In H H M I U1 mm I 14 IQ ip4 0 0 I N go %D IO W N U 01 Vl CT O 000000000 0 0 0 0 0 0 0 0 0 0 O N O O O O O O O O ID Gn O N O I ri U1 —4 a% 0 0 0 0 0 O O 0 .4 M as co r+ I co M a M IY N O O In P N M H r1 I %0 fn r {n jRi (n N .q In (n r N a I E+ In m O OD .1 a 'M o r N Io m U 4 V1 IL G � C 'O y N IC (n d V v04 4 W � M W M •0 C W ilk O • O 0 tri I 1 PD z N W O A.4 �I C W a M A A O4 OI tltl .i +1 N A A O H O+ U M U YI O IM+1 Z C b m U U V C W M +Oi 4 -Ci C O E M M -.4 N O N N A -'I ..a M 'O mm pp pp IA W ® O 01 O EE W aa qq •� U C a V ►I oU ►i �7 I i1 U R 6 $ apD adaamc � � UUb.cnwWn. o�oGowa � M y City-of Southlake,Texas MEMORANDUM CITY MANAGER April 1, 1992 I TO: Michael Barnes, Public Works Director FROM: Jean Bryson, Building Secretary SUBJECT: New Single Family Pemits issued Annual & Fiscal 1992 i I FISCAL: New Single Family Permits Issued October 1991-March 1992 . . 132 New Single Family Permits Issued October 1990-March 1991 . . 71 ANNUAL: New Single Family Permits Issued January-March 1992 . . . . . . . 80 New Single Family Permits Issued January-March 1991 . . . . . . . 25 I Permits Issued 1992 : Permits Issued 1991 : i January 22 January 6 February 30 February 5 March 28 March 14 i I City of South lake,Texas MEMORANDUM CITY MANAGER r April 1, 1992 q-13-92 I TO: Michael Barnes, Public Works Director FROM: Jean Bryson, Building Secretary SUBJECT: Building Inspections & Code Enforcement Investigations FISCAL: Bldg. Insp. & Code Enf. Investigations Oct. 1991-Mar 1992 . . . 3561 Bldg. Insp. & Code Enf. Investigations Oct. 1990-Mar 1991. . . 1780 i ANNUAL: Bldg. Insp. & Code Inf. Invest. January-March 1992 . . . . . . . 1810 Bldg. Insp. & Code Inf. Invest. January-March 1991. . . . . . . 1069 v Monthly Totals 1992 : Monthly Totals 1991: January 520 January 323 February 574 February 373 March 716 March 373 I COMPLAINTS REPORT MARCH 1992 DEPARTMENT THIS LAST # CLOSED # CLOSED YTD* YTD* YTD* MONTH MONTH THIS MO. LAST MO. RCVD. CLOSED OPEN MAR92 FEB92 MAR92 FEB92 1992 1992 1992 Streets & 28 23 33 9 80 60 20 Drainage Code 35 29 11 10 96 46 50 Enforcement Water & 1 2 1 2 3 3 0 Wastewater * YTD totals for 1992 Calendar Year r CITY MANAGER SOUTHIJM DEPARTMENT OF PUBLIC SAFETY MONTHLY REPORT SOUTHL•AKE POLICE DEPARTMENT PATROL DIVISION SUMMARY March 1992 CALLS FOR SERVICE 770 CITATIONS 458 PATROL 256 S.T.E.P. 202 ARRESTS 44 FELONY 10 MISD 34 ACCIDENTS 20 MINOR 16 MAJOR 4 INVESTIGATION DIVISION MONTHLY REPORT March, 1992 NEW CASES ASSIGNED 37 CURRENT ACTIVE CASES 150 CASES CLEARED: UNFOUNDED 2 INACTIVATED/SUSPENDED 18 EXCEPTIONALLY CLEARED 5 BY ARREST/CITATION 7 WARRANT ACTIVITY: SEARCH WARRANTS OBTAINED 0 SEARCH WARRANTS SERVED 0 ARREST WARRANTS OBTAINED 6 ARREST WARRANTS SERVED 6 GENERAL ACTIVITY: MEETINGS ATTENDED 3 SURVEILLANCE TIME (approx) 4 PUBLIC SPEECHES/PRESENTATIONS 3 CRIME SCENES WORKED 4 SEIZURES FILED 0 VALUE $ 0 SCHOOL/TRAINING SESSIONS 0 t�/. 3 S OUTHLAKE DEPART?TENT OF PLJBL= C SAFETY M ON T HL Y WARRAN T D= VI S = ON REPORT MARCH 1992 MUNICIPAL WARRANTS CURRENT MONTH PAST ?MONTH YTD WARRANTS M HAND Beginning Count 545 651 N/A Received 1 4 418 Served 68 106 231 Purged 0 4 18 Ending Count 478 545 N/A FINES COLLECTED By Warrant Officer $6,194 $13,450 $26,945 By Other Agency $3,707 $4,019 $8,482 Total $9,901 $17,469 $35,426 YMBANTS SERVED By Warrant Officer 39 80 168 By Other Agency 29 26 63 Total 68 106 231 SPECIAL SERVICES DIVISION MONTHLY REPORT MARCH MARCH: 02 Administrative Time Planning and Scheduling Teen Court 03 Core Johnson Elementary 04 Core Carroll Elementary 05 Visitation Time Carroll Middle School Assisted with Track Meet Carroll High School 06 Visitation Time Carroll High School 07 DARE Presentation Crime Prevention Meeting 09 Core Johnson Elementary Teen Court Meeting 10 DARE Coordinators Meeting Administrative Meeting Florence Elementary 11 Core Carroll Elementary 12 Visitation Time Carroll High School Neighborhood Watch Program 13 School In-service, Lake Dallas 16-20 Vacation 20 DARE Day, Six Flags I/- ,(S- Y , 23 Core Johnson Elementary Visitation Time Johnson Elementary 24 Visitation Time Johnson Elementary Visitation Time Carroll Time 25 Core Carroll Elementary Boy Scout Tour 26 Visitation Time Carroll Middle School 27 Field Trip Vicksburg Mississippi 28 Special Detail 30 Core (w Johnson Elementary 31 Visitation Time Carroll Elementary Training Meeting SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY FIRE SERVICES DIVISION MONTHLY REPORT - MARCH, 1992 FIRE CALLS: AVERAGE TIME ON CALL Structure-(residential) 0 0 Hrs 28 Min Structure-(commercial) 0 TOTAL $ LOSS (Fire) Structure-(other bldg) 0 $ 2 ,000 Vehicle-(car,boat,etc . ) 1 Grass/Trash 1 CALLS BY TIME OF DAY Total Fire Calls 2 0700-1200 20 39 . 1% 1200-1900 22 43. 1% OTHER CALLS: 1900-2400 5 9 .8% Haz-Mat Incident 6 2400-0700 4 7 .8$ Bomb Threat/Call 0 Other Emergency 13 PLAN REVIEWS: Other Non-Emergency 6 Comm./Indust. 3 Total Other Calls 25 Residential 0 Subdivision 1 EMERGENCY MEDICAL SERVICE: C/O Issued 4 Total EMS Calls 24 OTHER ACTIVITY TOTAL CALLS FOR SERVICE (Dispatched / Tone Outs) 51 Burn Permits 101 Public Educ. PATIENTS TREATED: Classes 3 Total Patients Treated 24 Grass/Weed Complaints 4 Medical Only 11 Pre-fire Plans Injury Only 2 Reviewed 0 Both Med/Inj 0 MVA Patients 11 MVA with Seatbelt 4 m ao �D %D a% o •� o otn co M Cl N to a% %D N Ln E., d, ,"q O E-4 U O H O O O O O O O O O O ao x w E-E r- W n �D N a Zz x 4H aen O N 1--1 �--1 O O 00 O O ; O WQ O f m >I I Ei w H E i W C4 O z H W >4 HU >4U wa a a .-Ier, H N o O o0 0 0 H ZEi zH °1 0 oa Oa jw � o z � E; Ei U o PC z co U az a ,� oHo O CD 0 00 0 o i i az as Hz w w zN 00 rn mz Ln Lnar- Or- Ln 0 M O m C1 H H d' N Q1 t.0 H H 9 . a • Ua m H wz H F z 9a HE H E w � 0 O &4w •• C En A7Z 00z A z O z a 94HEi ECW9ww � ww ca 0 W O H H a hhC7 H wmN a E wwm E4A00 x00 A mOza axzw w > Qw00 w O z w 0 m zz > zz > m 1--40wH00m ca�a O H Z >>4HHE-1 > HHE"EH " WU W [ W 4 " 4 U w E+ E-4A OWAOOMnOOQ ZQ Q " N " m W a x Ei H Zi H Zi Zi H Z Z H m >+ m U Zi a HE4 HamW m E0HH '.7aH1- ::) w F-4wpw. ow• izo W wz En4ozw H4wWo4wWow Q W W W a W PC a O OHw >+ m mH H m E-E44E-4mE-1Zm m Z a x W 4 4 O x a a m w a w H w H w m w mE-EQC4U 04E-EHN E-4 •-IN U w w U3x AO m ' UE E+ a000 Q � W U U U H M CITY OF SOUTHLAKE SALES TAX REVENUES six year comparison. 1991-92 collected budget balance budget to date balance percent 475 000 225 39 $249,461 52.52% FISCAL.FISCAL FISCAL FISCAL FISCAL FISCAL YEAR YEAR % Inc YEAR %Inc YEAR % Inc YEAR %Inc YEAR %Inc MONTH 86/87 87/88 Dec 88/89 Dec 89/90 Dec 90/91 : Dec 91/92 Dec October $25,135 '$35,715 42.1% $27,970 -21.7% $37,776 35.1% $44,081' 16.7% 46,731 6.0% November 19 304 22,647 173% 15,428 -31.9% 24,573 593% 37,117 51.0% 27,929 -24.8% December 13,717 16,323SS 19.0% 17,830' 9.2% 21,052 18.1% 28,464 35.2% 33 273 16.9% January 22,119 32,703:. 47.9% 26,756 -18.2% 34,463 28.8% 47,106'' 36.7% 40,012 -15.1% February 11800 13,163 11.6% 15,894', 20.7% 25;594' 61.0% 22,487 -12.1% 4006 78.4% March 10,920 9,325,' -14.6% 14,779 58.5% 36.,657: 107.5% 32,955' 7.5% 37,488 13.8% April 37,129 37,845' 1.9% 48,635 28.5% 37,201` -23.5% 41,445' 11.4% May 13,719 15,510 13.1% 27,824 79.4% 31501' 13.2% 36,627> 16.3% June 12,613 22,195.' 76.0% 24,051 8.4% 37,447' 55.7% 37,894' 1.2% July 26,837 32,159 19.8% 38,630 20.1% 51,374' 33.0% 47,011 -8.5% August 21,881 24,175> 10.5% 22,699 -6.1% 31,969 40.8% 35,951: 12.5% September 18,066, 19 i41; 6.0% 31204 63.0% 32,499 4.2% . 37004 13.9% TOTAL $233240 $280,901' 20.4% $311,699 11.0% .$396106 27.1% $448348 13.1% S225,539 63% E XxxXXxxX X.\'x A'X.\'XXXxx::x.\'xxXX xxxx\'A•:'X:'pC O O,OM JNM1M-0MM110 M N 0-I Or-Inalf-NO O�40'0 M M Cf.O M MS al%O C OSM corn NM1LnoL110 coo%aoa,-MON.•+OC1 0-0 = Lt10 M1 N 111 M OS0.0 SON a:C 0C; J1t 1;OO.M JLII OH O.�O 11101J M1 U {n.r I ION•-C-.N-4 1 M x r N TI�LM1M1 M1L11M 000OM1O Nt110t11 O�NSO.O.fJM1N0fJ�0 T-•-N 0L�1 L11�D�S y y OMLn aIMSOM.+SM1 SLl1L2100M1fJ O-+LfLTNN0MJO10TN-C M. 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A Ad 00.0,0000%•+SLn O-1OMM'00001-NOIMO' NLn NOSNILCLO N d . . . . . . . . . . . . . .a . . . . . . . . . . . . . . . m N .OM O.-C Ll10.MM1M100�O�SN �00�0.0••�O.OS M1.•.MOM1S�OM m J+ T ,-4 CkOMNSb.r NLCLNMUL.OUL%O O%M. %T4&11M1.0 N• MNMMbaO a e0 �+ mt NNN b !I► r a,OLn N.-C NNbN NNN NaN Nb n C w 14 ZH -a b -YNN Y Y M U N N C x Y N U to H y C H m m C(p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L M m 4J 00 0 0 0 0000000 0 0 0 0 0 0 0 0 0 0 0 00000009009 0 0 0 4) N leg IC100000000000000000 U, C, 0000 G � .r..+�.r....�.r�.q.r.y.yr+.r..L.•.•.wH.�..r.r...+.•L.�.+...r.r.r.r.r r. m CO U IL y u - 7 O O. J ff • O m U t N y C O 9 m In • y O CD O .y O.+ y O 'y A C•1 m C H +1 LA .� •+ M E++ a m u m aL> .r L a V �L•.I Y a•, c m \ 9 rl C .4 14 4' L C a x ul L r O OC a C C eN -1 V. •.14+A m•.'1 m 9 A 0 Y a m L�+T 4. O Y 7•.I Lw x L L CU .�L mrC."I 9 A dY ma+my C .C 0 0>1C4+•.I C O CL•M 0 0 9 m L O C C 0 3 IO IN Y L LA C = ++aLof�LmL-+m sr3 >ff+� L�3•�++uLreLo eeE�-Loleeo U O CCOL m.+OUWEM 9m0 m•✓mm W1W q0U.-IL COLO"'13m0 \ ! U M-14-0 0 3 3 m m L m4+c M4JM O-4 C m O N�Y•AL 30•4 Nr C14J404+U O L rl9 C 7 r1 O�I 0"m L L A M-4 uI L r1 C Y Y C C C-I U>O C 7 i+O N•'L i t M do I=mmUU OItJW WLLLL CD U'SxxYYJJS20.O.00.00. 333 City.of Southlake,Texas CITY MANAGER M E M O R A N D U M � �L j� i lApril 15, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: Permission to Advertise for Bids for the Park Gravity Sewer Line t i f In the 1992-93 budget, $25,000 was budgeted to install a gravity sewer in the park. The sewer line will start approximately at the new TNB building and run due south for 1,000 feet, turn east for approximately 500 feet and connect to the Crossroads Square sewer system. Crossroads Square is installing a lift station, force main and i gravity sewer line to serve their development. The force main will 1 parallel the City's gravity sewer line and connect to the Oak Hills gravity sewer system. It is anticipated that Crossroads Square r will start their utility work in the next couple of weeks, i therefore, the City needs to start the bidding process for their gravity sewer line. Therefore, staff is requesting permission to advertise for bids for l the park's gravity sewer line. Bids will be received on May 13 and awarded at the May 16 council meeting. Please place this item on the Council's next agenda. If you have any questions, please contact me. i KV i i MHB/lc (AW i wpf�IrwonaalPark ae"cbid 1 City-of Southiake,Texas CITY MANAG'ER MEMORANDUM 44s__f;L April 15, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: Additional Building Inspector i During the mid-year review with the City Council, staff brought to the Council's attention that building permits for January, February and March 1992 (80 permits) have more than tripled for the same months of 1991 (25 permits) . With this increased activity and trying to maintain quality inspection services, it was anticipated that an additional inspector be hired on or before May 1, 1992. Presently there are two inspectors that perform all of the inspections in the Building Inspection Division, Lee Roberts, Building Official, and Eddie Wilson, Code Enforcement Officer. Lee Roberts now makes most of the inspections but needs to spend more time in the office for Plan Review, meeting with contractors, answering code questions, and giving over the counter assistance. Increased Code Enforcement requests has Eddie Wilson enforcing complaints on junk cars, signs, various complaints and code violations full-time. Therefore, staff requests that the Council consider authorizing staff to hire an additional building inspector as soon as possible. This additional personnel would be funded from the additional permit fees that will be collected. Please place this item on the Council's agenda. If you have any questions, please contact me. M� MHB/lc City.of Southlake,Texas CITY MANAGER M E M O R A N D U I April 15, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director i SUBJECT: Permission to Advertise for Bids for Repairs to I Front End Loader It i i i In the 1992-93 budget, $20,000 was included in the Street Department budget to overhaul the City's front end loader. This loader is a Japanese model (Furakawa 170 - 1 1/2 C.Y. ) and will require Japanese parts. A new loader of comparable size will cost approximately $100, 000 new. Staff feels with the overhaul the machine will last five to ten years depending on use. Staff requests permission to advertise for bids to overhaul the loader. Bids will be received until May 13 and will be awarded at the May 19th council meeting. Please place this item on the Council's agenda. If you have any questions, please contact me. � nA MHB/lc I i „��t(nbwenaryhowre�d ip► City of Southlake,Texas M E M O R A N D U M April 14, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-E: Proposed Revisions to Section 30, Planned Unit Developments/Nonresidential Building Sites Staff has initiated revisions to the above referenced section because the ordinance does not address development site plans for nonresidential buildings within residential planned unit developments . Typically, community/recreational and commercial buildings have been shown in the common areas, but with insufficient detail to process a building permit application. Staff would like to recommend that all nonresidential building sites submit either a concept plan or development site plan as required by the development regulations of the most intensive intended use. Currently, the City Council has approval authority for concept plans in all districts . Site plans prior to issuance of a building permit are approved administratively, with the exception of Residential P.U.D. , Nonresidential P.U.D. , S-P-1 and S-P-2 zoning districts which require City Council approval of both the concept plan and the site plan. In Section 30 . 7 , the lengthy paragraph on page 30-4 has been broken into three smaller paragraphs for reading ease. Attached please find the recommended revisions to Section 30. as well as the existing P.U.D. section. On April 7, 1992, the City Council approved the First Reading of Ordinance No. 480-E with the proposed P.U.D. revisions . ZPI#- KPG 7A-1 PLANNED UNIT DEVELOPMENTS SECTION 30.7 The zoning application may then be processed and a zoning classification of Planned Unit Development allocated to the site by appropriate municipal ordinance. The ordinance will identify the tract as a Planned Unit Development and will identify the types, intensity and density of land uses on the site. The ordinance will further provide that no actual construction can commence on any portion of the project until a Development Site Plan complying with the provisions of this Section has been processed and approved on that specific section or phase of the Planned Unit Development. Each Development Site Plan which is submitted for approval of a specific section or phase of the Planned Unit development shall cover a minimum of fifty (50) acres . This approach is designed and intended to allow a large development to be approved in concept and then constructed in phases . The City recognizes that it may not be feasible and it may be unrealistic to require a highly detailed site plan to be completed on a very large project when it is recognized that it will be constructed in sections or phases over several years . Any Planned Unit Development projects undertaken on the basis of concept plan approval rather than full development site plan approval do not reflect the concurrence of the City to any specific lot arrangement or sizing, street arrangement or pattern, or approval of any specific open space or public facility plans not reflected on the approved Concept Plan. Planned Unit Development zoning based solely on a concept plan reflects only zoning approval of the basic concept and may not be implemented until full development site plan approval on each section or phase has been granted; however, an applicant receiving approval of a Concept Plan shall be entitled to rely on, and implement by subsequently approved Development Site Plans, the type, intensity, and density of land uses set forth in the approved Concept Plan. A concept plan based upon the Planned Unit Development Ordinances shall be subject to the following additional restrictions : Consistency Requirement. Each and every development site plan submitted to secure implementation authority under the concept plan approval option must be consistent with the original concept plan. If the Zoning Administrator should identify any material variance between a submitted development site plan application and the approved concept plan for the Planned Unit Development, they shall reject the development site plan application and not accept it for processing until a new concept plan for the entire Planned Unit Development has been approved under the terms and provisions of this ordinance. " Ya-L t SECTION 30.8 Add• 30 . 8 (c) : In any residential and nonresidential Planned Unit Development, all nonresidential building sites shall submit a separate concept plan, meeting the requirements in Section 41 of this ordinance, or a development site plan, meeting the requirements of Section 40 of this ordinance, whichever is required per the district regulations of the most intensive proposed nonresidential use. This plan shall be submitted either concurrently with the development site plan for that phase of the Planned Unit Development or prior to requesting a building permit. The approval of the applicable plan shall be in accordance with the procedure outlined in the appropriate district for the intended use. " 7A-3 City of Southlake,Texas S f ! M E M O R A N D U M April 16, 1992 i TO: Curtis E. Hawk, City Manager ! FROM: Greg Last, City Planner SUBJECT: BUFFERYARD REVISIONS (ORD. 480-E, SECTION 42) With the recent approval of the landscape ordinance, the Council asked that staff modify the bufferyard requirements to lessen the combined impact on a proposed development. Attached you will find a summary of the changes in the bufferyard charts and a copy of the bufferyard section showing the proposed revisions in "clouds" . As you can see by the chart summary, one bufferyard was eliminated and many of the others have reduced planting requirements. Ultimately I would like to combine the landscape, bufferyards and screening requirements into one ordinance. I anticipate doing this in a year or so, after we have "field tested" our Landscape Ordinance requirements . On April 7, 1992 the City Council approved the first reading of this ordinance. f Please place this on the next Council agenda for their consideration. 6 GL/gh i DOCUKNT: BUFREVIS.CEH FOLDER: PLANNER n A 1 I {/'1 f ` CURRENT CHART Under- Canopy Story Bu�T,yard Trees Trees Shrubs Width Note A 1 2 8 5' B 2 4 12 10' C 4 6 18 10• D 6 10 25 10, E 3 6 9 10, Fence-F1 F1 4 8 12 10, Fence-F1 F2 4 8 12 10, Fence-F2 G 2 4 6 10' Berm -B1 CHART SHOWING RECOMMENDED CHANGES UNDER- CANOPY STORY BUFFERYARD TREES TREES SHRUBS WIDTH NOTE A 1 2 8 5 ' B 2 4*3 12*10 10, C 4*3 6*4 18*12 10 , D 6*4 10*5 25*18 10 , E 3*1 6*2 9*8 10 , Berm -B1 F1 4*3 8*6 12*8 10 , Fence-Fl F2 4 8 12 10 , Fence-F2 Delete G(Move to E) 2 4 6 10 , Berm -Bl CHART AFTER CHANGES CANOPY ACCENT BUFFERYARD TREES TREES SHRUBS WIDTH NOTE A 1 2 8 5 ' B 2 3 10 10 • C 3 4 12 10 , D 4 5 18 10 , E 1 2 8 10 , Berm - B1 F1 3 6 8 10, Fence - Fl F2 4 8 12 10 , Fence - F2 '1 A-5 SECTION 42 First Draft BUFFERYARDS 04/16/92 (As amended by Ordinance No. 480-E) 42. 1 PURPOSE AND INTENT - Bufferyards shall be required in accordance with this section to separate different land uses from each other in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor, or danger from fire or explosions. Both the amount of land and the type and amount of planting and specified structures for each bufferyard are designed to lessen nuisances between adjacent land uses or between a land use and a public road. 42.2 DEFINITIONS a. 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. b. Canopy Trees: Canopy trees are those contributing to the uppermost spreading branchy layer of a forest and may be commonly referred to as shade trees. C. Understory Trees: Small evergreen or deciduous trees or large shrubs which typically would grow below the top layer of the forest. d. Shrubs: Plants which grow ve rtically in a multi-branchedgrowth pattern. e. Ground Cover: Low growing, dense spreading plants typically planted from containers. f. Lawn Grasses: Thin bladed surface growing plants typically planted from seed, sprigs, or plugs. 42 .3 LOCATION - Bufferyards shall be located within and along the outer perimeter of a lot or boundary line. Bufferyards may overlap drainage and/or utility easements, however plantings should not impede the flow of water within a drainage easement. Bufferyards shall not be located on any portion of an existing or dedicated public street or right-of-way. 42.4 DETERMINATION OF BUFFERYARD REQUIREMENTS a. Refer to Tables ONE, TWO, or THREE to determine the type of bufferyard required between two adjacent parcels or a parcel and a roadway. The letter designations contained in the tables refer to the different bufferyards described in Illustration A, "Illustration of Bufferyards" attached to this section. 42-1 7A-6 b. In all tables the applicant should begin along the left column by determining the zoning of their tract and then horizontally match the appropriate column corresponding to the zoning on the adjacent tract to determine the required bufferyard. The following is a summary of all buff eryards. Plant materials required are per 100 linear feet of property line. All bufferyards have the option of reducing the required plantings by 20% if the width of the bufferyard is doubled. Canopy Accent Buffervard Trees Trees Shrubs Width Note A 1 2 8 5' B 2 3 10 10' C 3 4 12 10' D 4 5 18 10' E 1 2 8 10' Berm -B1 F1 3 6 8 10' Fence-F1 F2 4 8 12 10' Fence-F2 C. Existing Plant Credits: Existing trees which are within fifty feet (501 ) of the property line and have a minimum of 50% of the drip line within a landscape area 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 Existing trees between 1 1/2" caliper and 6" caliper which are within the bufferyard may be granted credits on a 1 for 1 basis. 42 .5 REQUIREMENT OF PLANT MATERIALS a. Minimum plant size when planted shall be as follows: Plant Material Type Minimum Size Canopy Tree Single Stem/Trunk 1 1/2" caliper Multi-Trunk Clump 6 feet (height) Understory Tree 4 feet (height) Shrub Deciduous 15 inches (height) Evergreen inches (height) Groundcover 4" containers * The Landscape Administrator may approve smaller size shrubs based on unusual growing circumstances 42-2 U-1 and/or on a specific design which reflects the overall intent of this ordinance. b. Plant materials shall be appropriate for the region and local soil conditions and shall be planted in accordance with good horticultural practice. Plants selected should require only low maintenance and should be hardy as to temperature and drought. The following is a list of representative plants within each plant material type. The applicant may propose plants other than those listed if the plant seems appropriate for the intended use. Canopy Tree Understory Tree Shrubs Pecan Bradford Pear Photinia Fraseri Cedar Elm Redbud Eleagnus Red Oak Yaupon Tree Dwarf Yaupon Live Oak Vitex Dwarf Burford Holly Bur Oak Crape Myrtle Dwarf Chinese Holly Lacebark Elm Jap. Black Pine Flowering Quince Chin. Pistache Slash Pine Forsythia Austrian Pine Tx. Mtn. Laurel Spiraea C. The City reserves the right to approve plants and planting through an appointed horticulturalist, landscape architect, or other persons so qualified. d. All bufferyards, unless lawn grass or ground cover is already established, shall be seeded with lawn grass or planted with ground cover so as to assure coverage within three years. 42 . 6 SUBSTITUTION OF PLANT MATERIALS - Specific planting requirements for canopy trees, understory trees, shrubs, and evergreens/conifers are set forth in the various bufferyards illustrated in Illustration A. Any existing plant material which otherwise satisfies the requirements of this section may be counted toward satisfying all requirements. 42 .7 REQUIRED STRUCTURES Walls and Fences: Whenever a wall or fence is required within a bufferyard, it shall be 6' in height and constructed in accordance with the specifications and design set forth in Illustration B, "Illustration of Required Structures" attached to this section. A 'finished' side of a wall or fence shall face the residential or less intense use. Berms: Whenever a berm is required within a bufferyard, it shall be a minimum of 3 ' in height and constructed in accordance with the specifications and design set forth in Illustration B, "Illustration of Required Structures" attached to this section. A hedge of plants obtaining a mature height greater than 3' may be substituted. When planted this hedge 42-3 qA- 1 shall be a minimum of 2' in height and planted no further than 30" on center. 42 .8 OPTIONAL BUFFERYARDS a. The applicant may choose to provide a more intense bufferyard than the required bufferyard (i.e. , provide a fence and reduce plantings) . Bufferyard Optional Required by Tables Buffervards a ---------------B,C,D,E---------------C,D,F1---------------D,F1---------------F1---------------B,C,D---------------F2---------------NONE 42 .9 DESIGN OF BUFFERYARD - The exact placement of required plants and structures shall be the decision of each user except that the following requirements shall be satisfied: a. Plant material shall be credited to meet only one bufferyard (i.e. , plants on corners do not satisfy two buf f eryards) . b. Required berms shall have a minimum height of three feet (31 ) and no steeper than 2: 1 side slopes. When possible, all berms shall be curved rather than straight. Berms are not required to be continuous and are preferred to be broken periodically. When required, berms shall cover a minimum of 75% of the length of the property line to be buffered. 42 . 10 USE OF BUFFERYARDS - A bufferyard may be used for passive recreation, such as pedestrian, bike, or equestrian trails, provided that: (a) no plant material is eliminated; (b) the total width of the bufferyard is maintained; and (c) all other regulations of this ordinance are met. In no event shall the following uses be permitted in a bufferyard: playfields, stables, swimming pools, tennis courts or similar facilities, accessory buildings, parking facilities, or trash dumpsters. 42 . 11 CHANGES IN REQUIRED CHANGES IN REQUIRED BUFFERYARDS - Where the bufferyard required between a land use and vacant land turns out to be greater than that bufferyard which is required between the first use and the subsequently developed use, the following options apply: a. The initial existing use(s) may expand into the original bufferyard, provided that the resulting total bufferyard meets the bufferyard requirements of this section. 42-4 U- 9 b. The existing use(s) may enter into agreements with abutting landowners to use its existing bufferyard to provide some or all of the required bufferyard to both land uses. The total bufferyard shall equal the minimum requirements of this section. Provided that such an agreement can be negotiated, the initial use may provide the second use some or all of its required bufferyard and/or extra land on which it might develop. The existing use may reduce its excess bufferyard by transferring part or all of the excess bufferyard to the adjoining landowner to serve as its bufferyard. Any remaining excess buffer area may be used by the existing use for expansion of that use or for transfer by it to the adjoining landowner to expand that adjoining use. 42.12 CONTRACTUAL REDUCTION OF BUFFERYARD ABUTTING VACANT LAND - When a land use is proposed adjacent to vacant land, and the owner of the vacant land enters into a contractual relationship with the owner of the developing land use, a reduced bufferyard may be provided by that first use, provided that the contract contains a statement by the owner of the vacant land of an intent to develop at no greater intensity than specified in the agreed upon zoning category; and an agreement by that vacant landowner to assume all responsibility for additional bufferyards if needed at the time of development of the vacant land. 42. 13 MAINTENANCE a. The owner, tenant, and/or agent, if any, shall be jointly and severally responsible for the maintenance of all bufferyards. b. Buff eryards shall be reasonably maintained including, but not limited to, mowing (of grass of four (4) inches or higher) , edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of bufferyards. C. Bufferyards shall be kept free of trash and litter and other such material or plants not a part of the bufferyard. d. An underground automated watering system designed by a licensed Texas irrigator, registered landscape architect, or registered professional engineer shall be installed and maintained in all bufferyards. e. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Any plant not surviving shall be replaced within sixty (60) days of its demise. However, if said bufferyard is above the minimum required bufferyard provision, death of a plant or plant material which still results in the requirements of the minimum standards 42-5 7A-10 being met does not necessitate replacement, except as required to maintain the integrity of the bufferyard design. A time extension may be granted by the Administrative Official if substantial evidence is presented to indicate abnormal circumstances beyond the control of the owner, lessee, or agent. f. Lack of maintenance shall constitute a violation of this ordinance. 42. 14 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 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. 42 5 VARIANCES - The responsibility for granting variances shall be as follows: a. City Council: On all site plans and concept plants requiring review by the Planning and Zoning Commission and approval by the City Council, variances to the bufferyards may be granted by the City Council. b. Board of Adjustment: On all other site plans, variances to the bufferyards may be granted by the Board of Adjustment. 42. 16 ENFORCEMENT - All bufferyards shall be installed per the requirements of this section prior to the issuance of a Certificate of Occupancy. It shall be the responsibility of the Building Official to confirm the adequacy of the installed bufferyard. 42 . 17 LANDSCAPE ORDINANCE - All the requirements within the Landscape Ordinance number 544, as amended , shall apply to the bufferyards. Where any conflict does exist, the more restrictive requirement shall apply. 42-6 q A-it A ro O ur a+ O t .0 • • # # # • m m 4 .c IC .c m m m m aim p < m Cr m � C •-1 N C4 # i i # # # • # # it # • R # i # • 1. oc oc # i m e a a M i s i # i # • # • # t i i R R • i • Ac .c • i LI m 41 m a a � a iR .0 # R # R i 41 IC IC IC IC .0 .0 4IC .c .c � � IC oc 0 m m a 1 R oc R R : R R i IC .0 oc a IC IC IC 4 m m a Oar ! 3 a+ OV a V t R i is 41R # .0 .0 IC 4 oc IC IC .IC m m a oc 4 y a w O oc In 41 cc C4 o " a s p a Z ro � Z V OD 0 • IC R R • R i # nC .c .0 oc m m C.) U 00 04 04 p m L O a U p 00 E 14 m W # .c • R # s i # IC .0 oc is m m U U p p w M p 00 41 N m ro Fa m p a C ; 'C # IC • # • • 41 • .c ,C .c .0 m m U U e, OF. 0 1.4 04 of. p U C c o�u : .c # • • • • • oc IC .c .0 m m U U wr. ate. p U N L U 4 u 0 .-4 r/ rl rl rl M r4 --4 rI M N fV 11 L y z s m # # • # # # pu Au fs. or. 04 04 04 f4 04 04 fs. cu 04 U m C w Ac O M e c ��.. y O r4 rl r4 rl r1 rl r4 M rl r4 N N r4 E O N i m t i # • # • 0.. 01. 64 N �. 04 or. 04 OI. CI. 04 tk. 04 U m m CP1 rl rl r9 rl rl rl rl rl rl rl N N rl i.1 C 04 • m # # # # • +I 6u 04 Ca Dk OI. N. k. f$ OI. %I N. a. @. G U W 4 —4 y O sl C aj m m N m m p rl 1-1 If .-4 rl -1 rl rl rl .-1 It N N rl -4 m ,a QI f+. # U # In • 41 # # fr. 04 f. 04 04 f4 or. 04 CI. 04 @. No N. a V O >o y G .Q Q• L t C -4 G M # U # # # • # # rl rl rl rl r1 rl It rl rl rl N N .-4 In 'C C L C H 04 04 04 04 04 &a % 04 04 04 04 64 04 4 N O m O .� w Gm6 • U # • • • # # p�4 p�4 m U m m U U U U a p p p fL m y 4 w fL a+ w c .c m 4+ y ro p to 0 +4 oc 03000 7 m a O a rl rl N1 N N rl N rl N m V r1 N rI N 1� 0 11 W cf O (J y 61 in 04 fs. h. 04 04 64 rl N I I 1 1 1 I I I T. U r0 an d -.c —44 m f) �C U 0.: in y y y inT O O U U U U m m ►+ ►� S Z G V >r r m O m w = ro F 2 W p E-4 7a- 12 TABLE TWO BUFFERYARDS ADJACENT TO R.O.W. This table shall be used to determine the bufferyard requirements along any public right-of-way. ,Zoning of State 1938 Arterial Collector-70 ' R.O.W. Developing Highway & 84 ' /90 ' Land Use Desig. Across St. Res. Tract 114/26 1709 R.O.W. Indust. Mixed Public Res. Street AG CS E E E RE B B B SF1A B B B SF1B B B B SF30 B B B SF20A B B B SF20B B B B MF1 C C C A A A A A MF2 C C C A A A A A 01 E E E A A A A B 02 E E E A A A A B C-1 E E E A A A B C C=2 E E E A A A B C C-3 E E E B B B B C C 4 E E E B B B B C B-1 E E E B B B C D B-2 E E E B B B C D I-1 D D D B B C C D I-2 D D D B B C C D MH C C C B B C C D HC E E E B B B B C * No bufferyard required. In PUD, S-P-1 and S-P-2 zoning districts, the nearest zoning category applicable to the predominant or prevailing use of a parcel shall be used for purposes of determining the bufferyard. 42-8 Document: TARLE2/Folder: ORD A- TABLE THREE BUFFERYARDS ADJACENT TO UNDEVELOPED PROPERTY This table shall be used to determine the bufferyard requirements adjacent to tracts that are not zoned, or legal non-conforming land uses. Zoning LAND USE DESIGNATION OF ADJACENT TRACT of Developing Mixed Medium Low Density Tract Public Industrial Use Residential Residential AG CS * * A B C RE SF1A SFIB SF30 SF20A SF20B MF1 A * A F1 F1 MF2 A * A FI F1 01 A * A F1 F1 02 A * A F1 FI C-1 A * B F1 F1 C-2 A * B F1 F1 C-3 B * B Fl F1 C-4 B * B F1 F1 B-1 C * C F1 F1 B-2 C * C F1 F1 I-1 D A F1 F2 F2 I-2 D A F1 F2 F2 MH C * C F1 F1 HC B * B C D * No bufferyard required. In PUD, S-P-1 and. S-P-2 zoning districts, the nearest zoning category applicable to the predominant or prevailing use of a parcel shall be used for purposes of determining the required bufferyard. IA- 1� ILLUSTRATION 'A' ILLUSTRATION OF BUFFERYARDS ' Required Plants 5 ' Per 100 ' Linear Width Less 1- -=_--Canopy Trees Intense ; More 2-- --Understory Trees Use ; Intense (*aw f 8- -----Shrubs ; Use Property Width shall be 5 feet. A Line ; width of 10 feet may be used ' in combination with a 20 $ reduction in plants. Bufferyard A Required Plants 10' Per 100 ' Linear Width Less 002 -----Canopy Trees Intense ; More -----Understory Trees Use ; Intense -----Shrubs ; Use Property Width shall be 10 feet. A Line ; width of 20 feet may be used ' in combination with a 20 $ reduction in plants. Bufferyard B Required Plants 10 ' Per 100_ Linear Width Less U --Canopy Trees Intense ; More Understory Trees Use ; Intense ----Shrubs ; Use Property Width shall be 10 feet. A Line width of 20 feet may be used ' in combination with a 20 reduction in plants . Bufferyard C Required Plants 10 ' Per 100 ' Linear Width Less U----Canopy Trees Intense ; More ----Understory Trees Use ; Intense ----Shrubs ; Use Property Width shall be 10 feet. A Line width of 20 feet may be used ' in combination with a 20 $ reduction in plants . Bufferyard D 42-10 U-15 Required Plants Less 10 ' Per 100 ' Linear Width Intense 1- --Canopy Trees Use or R.O.W. ; More 2-- - --Understory Trees ; Intense 8- -----Shrubs Berm=B1 ; Use _i Width shall be 10 feet. A Property width of 20 feet may be used Line ' in combination with a 20 $ reduction in plants. Bufferyard E Required Plants Less 10 ' Per 100' Linear Width Intense 08- ----Canopy Trees Use ; More ----Understory Trees ; Intense ----Shrubs Fence=Fl* ; Use i Width shall be 10 feet. A Property width of 20 feet may be used Line ' in combination with a 20 $ reduction in plants . Bufferyard F1 Required Plants Less 10 ' Per 100_ Linear Width Intense U4 --Canopy Trees Use ; More 8-- ----Understory Trees ; Intense 12- -----Shrubs Fence=F2* ; Use i Width shall be 10 feet. A Property ; width of 20 feet may be used Line ' in combination with a 20 reduction in plants . Bufferyard F2 42-11 DOCUMENT: SEC42.8 FOLDER: PLANNER 7k-t4 ILLUSTRATION B Illustration of Required Structures REQUIRED FENCES GRAPHIC DEPICTION NOTES i ' F1 • Finished side to the less intense use. waoa • 6' min. height f F2 • Poured concrete, brick, etc. • Concrete block or haydite block allowed with ornamental/ Masonry wan textured face towards least intensive use. • 6' min. height REQUIRED FENCES GRAPHIC DEPICTION NOTES B1 • Three foot minimum height. • Curved layout. =� • Cover 75% of length. • • Shrubs in a hedge may substitute for berm. c IwpJileslordinaw.-W e42 42-7 7 A-1n i ORDINANCE NO. 480-E AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAXE, TEXAS, BY REVISING SECTION 3011PLANNED UNIT DEVELOPMENT" TO ADD SUBSECTION 30.8C PROVIDING ADDITIONAL SITE PLAN REQUIREMENTS; BY REVISING SECTION 42 11BUFFERYARDS" TO INCLUDE NEW PLANTING AND BUFFERYARD REQUIREMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Southlake has heretofore adopted Ordinance No. 480, as amended, as the Zoning Ordinance for the City; and WHEREAS, the City Council of the City of Southlake now deems necessary to amend Ordinance No. 480, as amended, to provide additional site plan requirements applicable to PUDs and to eliminate one bufferyard and to modify planting requirements in bufferyards; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the Zoning Ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: 7A-iS • SECTION 1 That Section 30, "PUD" Planned Unit Development District of Ordinance No. 480, as amended, is hereby amended by adding a new subsection 30.8C to read as follows: C. In any residential and nonresidential Planned Unit Development, all nonresidential building sites shall submit a separate concept plan, meeting the requirements in Section 41 of this ordinance, or a development site plan, meeting the requirements of Section 40 of this ordinance, whichever is required per the district regulations of the most intensive proposed nonresidential use. This plan shall be submitted either concurrently with the development site plan for that phase of the Planned Unit Development or prior to requesting a building permit. The approval of the applicable plan shall be in accordance with the procedure outlined in the appropriate district for the intended use. SECTION 2 That Section 42, "Bufferyards" of Ordinance No. 480, as amended, is hereby amended to read as follows: (INSERT NEW SECTION 42 HERE) 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 7A- 17 this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 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 7 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for ga-Zo general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence ,• in all courts without further proof than the production thereof. SECTION 8 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3. 13 of the Charter of the City of Southlake. SECTION 9 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1992. MAYOR ATTEST: CITY SECRETARY 7A-ZI 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: slakeII\bufferyard.ord (w 7A-22 City of Southlake,Texas M E M O R A N D U M April 14, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-08 Zoning Change Request/"S-P-2" with "B-2" uses REQUESTED ACTION: Zoning change request and concept plan approval for 5.43 acres out of the John A Freeman Survey, Abstract No. 529 and legally described as portions of Lot 1, Miron Addition and Lot 2B of the Gorbutt Addition LOCATION: South of the property at 1675 E. Southlake Blvd. OWNER/APPLICANT: Robert W. Miron CURRENT ZONING: "C-2" Commercial-2 REQUESTED ZONING: "S-P-2" Generalized Site Plan District with certain "B-2" uses which are listed on the plan. A copy of the district regulations are attached and the requested uses have been circled. LAND USE CATEGORY: Mixed Use and Transitional Land Use (adjacent to low density residential uses) BACKGROUND INFO: On December 17, 1991, the applicant withdrew his 11B-2" request. NO. NOTICES SENT: Two (2) RESPONSES: One (1) opposed: John Napper, representative for Smock & Husseini J.V. , property owner to the West. See attached letter. P & Z ACTION: April 9, 1992; Approved the "S-P-2" request and concept plan subject to the Plan Review Summary dated April 3, 1992 and further requested that the area shown as "gravel" be replaced with concrete. STAFF COMMENTS: Attached please find the First Plan Review Summary dated April 16, 1992. During the previous zoning request, concern was expressed about masonry requirements in the 11B-2" district. The current Masonry Ordinance No. 557 requires masonry material on 80% of all walls in the 11B-2" district. In response to the issue of outside storage, Section 38.4 provides that "outside storage of items not for sale or for the purpose of manufacture or assembly shall only be permitted in the C-4, B-2 and I-2 districts." 9A- I Curtis E. Hawk, City Manager ZA 92-08 April 14, 1992 Page Two Screening requirements for the outside storage shall be in addition to the bufferyard requirements for the "B-2" district. The screening device shall be constructed solely of masonry, wood, or concrete or shall be any dense hedge or plant material that is properly maintained in a healthy growing condition. This screening device shall be at least six (6) feet in height, but no more than eight (8) feet in height unless otherwise approved. KPG gPt-Z SECTION 25 B-2 COMMERCIAL MANUFACTURING DISTRICT 25. 1 PURPOSE AND INTENT - This is the highest intensity business zoning district found within the City of Southlake and is intended to provide for the development of the most intensive commercial uses and those uses utilizing outdoor storage, display and limited fabrication. This use is not intended to be placed contiguous to or within close proximity to property carrying a residential zoning classification. This zoning category is a transitional zone between general commercial activities and industrial level activities. These sites are not designed to be located contiguous to residentially zoned properties and should be located in such a manner as to preclude the necessity to transit through residentially zoned areas to reach these sites. This zoning category is appropriate only along major arterial thoroughfares or in areas suitable for light industrial development. The category exists in order to allow the City to permit highly intensive commercial activity without the necessity of permitting those uses allowed in an industrial district. This zoning category will have environmental dysfunctions that could negatively impact surrounding development and therefore, should be carefully sited to avoid the creation of land use conflicts. This zoning category is not appropriate for environmentally sensitive areas of the community. The B-2 Commercial (%AW Manufacturing Zoning District is intended to provide a Location for wholesale warehousing and storage when such activity is a portion of a traditional business activity. 25. 2 PERMITTED USES a. Commercial Uses. GAny retail establishment which sells used or previously owned merchandise with the exception of bona fide antique dealers or dealerships and used motor vehicles. 2 . Auto painting facilities. 3 . Automobile and motorcycle sales or rental establishments, provided that no such establishment shall exceed two (2) acres in size. Automobile body shops, brake shops, glass shops, seat cover and upholstery shops and transmission shops. Garages, storage and repair. 4 . Automobile repair/service; oil & lube shops; muffler shops. 5. Boat sales, service and repair; recreational vehicle storage/sales. OBuilder' s supply, stores or outlets providing that all materials are contained within a building. 7. Bus stations. OCafe or restaurant supply dealers for fixtures. Commercial warehouse facility, providing that each individual warehouse structure does not exceed twenty thousand (20, 000) square feet. 10. Farm implement sales and service. e Frozen food lockers without size limitations. e2- Janitorial or cleaning services. 13. Mini-warehouses - a totally enclosed facility involving one or more buildings and multiple individual units, the purpose of which is exclusively storage of goods. Retail or wholesale, offices, manufacturing, fabrication, service, repair or any other type of commercial or business enterprise is expressly prohibited from this type of facility. Storage of hazardous or flammable materials as designated by the Fire Marshal is expressly prohibited from this type of facility. 14 Nursery yards or buildings for retail sales and landscaping companies, provided that incidental equipment and supplies are primarily stored within a building or enclosed within a screening device. Nursery products themselves may be grown, raised, stored and marketed outdoors. The outdoor storage and sale of nursery products shall be exempt from all other outdoor storage and screening requirements contained within this ordinance. These products are established as an exception to all other outdoor storage and screening requirements as by their very nature they assist in meeting the landscaping, screening, buffering and open space goals of the City. (As amended by Ordinance No. 480-C. ) 15. Pest control services. O6. Produce markets. 17. Rental equipment store, provided that all such equipment offered for rent is contained within a building. 4 � -S 18. Retail activity of a service nature designed to provide direct service support to the businesses and employees who occupy the remainder of the office complex. This would be limited to those activities which are clearly supportive of office operations, such as food service in the nature of cafeterias or snack bars, news stands or gift shops providing reading material and small, consumable sundries, pharmacies or drug stores, particularly when co- located with medical or medical related office facilities, office supply stores or outlets providing support to businesses within the complex itself (stores operating under this provision shall not be limited only to sales within the office complex, but should clearly be aimed at marketing primarily within the immediate vicinity of the complex site) . 19. Retail uses which are reasonably related to the principal uses within the structure provided they do not exceed fifteen (15) percent of the floor area of the building. 20 Retail feed stores. 21 Road machinery sales and services (totally within a building) . D2 - Store fixtures sales facility. 23 . Truck sales/rental, if in conjunction with the sale/rental of automobiles. 24 . Upholstery shops - furniture. 25 Wholesale house, sales office and storage. b. Community Facility Uses - City hall, police and fire stations and other municipal uses. 25 . 3 ACCESSORY USES - In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. 25. 4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, d i CITY OF SOUTHLAKE APPLICATION FOR CHANGE OF ZONING Submittal Date: '�-)�'22 Case Number: ZA V-69 Fee: $100 .00 Receipt No. -j 95% PLEASE TYPE OR PRINT A. APPLICANT OWNER(S) (if different) Name: Agent: �F� -P Address : & Telephone: 4)6 B. PROPERTY DESCRIPTION: Legal Description: ( ) Property is unplatted according to the County Deed Records Vol . , Page It is shown as Tract of the Survey, Abst. No. , City Tax Records. ( )- A metes and bounds description is attached. Property is platted and described as : Subdivision Name: � 6 Block Lot(s) Block Lot(s) ( ) Address of,(II Subject f Property: �tl` IN\�j Property Location: OF Acreage: ( ) A typed mailing list of all property owners within 200 feet of the subject property is attached. ( ) A current survey or plat map is attached. ( A concept plan shall be submitted for "CS" , "SF-30" , "SF-20A" "SF-20B", "MF-11', "B-111, "B-2", "HC", "S-P-2" zoning requests . (Required prior to development site plan submittal, but optional at the time of zoning request for "O-1" , 110-2", "C-11t, "C-201, "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 . A-5 City of Southlake Application for Change of Zoning Page Two C. NATURE OF THE REQUEST: Present Zoning: 2 Requested Zoning: Existing Use: VA rU Z Proposed Use: S Reason for Requesting the Change: D. AUTHORIZATION BY OWNER(S) : I (We) hereby authorize the City of Southlake and its employees to enter upon the premises herein above described at all reasonable times for the purpose of erecting, maintaining, or removing signs to notify the public of the pending zoning application and/or public hearing concerning said application. I (We) release the City of Southlake and its employees from liability for any damages which may be incurred to my (our) property in the erecting, maintaining, or removal of said signs. I (We) further understand that it is necessary for me (us) to be present at the Planning and Zoning Commission and City Council public hearings. Signature of Owner Name Typed or Printed Date E. AUTHORIZATION IF AGENT INVOLVED: I owner of the aforementioned prope ty do hereby certify that I have given my permission to to act as my agent for this rezoning reque Signature of Owner(s) Name Typed or Printed Date Be ore me, a Notary Public, H on this day personally appeared obert LJ M, P,O n known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. Giv n under my hand and seal of office this .day of �1Q • 9 . 67 RY PMLX IN AND FOR TEXAS ission expires the day oflL'�-�� . 19 • L. JEAN BRYSON Notary Public STATE OF TEXAS My Comm. Up. 0311919a gA-(� EXHIBIT FOR B2 ZONING REQUEST 28 OCTOBER 1991 BEGINNING at a point, said point being South 00 degrees 02 minutes 39 seconds East 214.15 feet and South 89 degrees 57 minutes 21 seconds West 222.21 feet from a 1/2 inch iron rod found, said iron rod being the Northeast corner of the Miron Subdivision, an addition to the city of Southlake, Tarrant County, Texas, the plat of which is recorded in Volume 388-131, Page 24, Plat Records of Tarrant County, Texas (P.R.T.C.T.) I said iron rod also being the , beginning of a curve to the left having a central angle of 18 degrees 02 minutes 29 seconds, radius of 160.43 feet, a tangent distance of 160 .47 feet and a long chord which bears South 05 degrees 01 minutes 15 seconds West 50.31 feet; THENCE along said curve to the left an arc distance of 50.52 feet to a point; THENCE South 04 degrees 00 minutes 00 seconds East 93.20 feet to a point, said point being the beginning of a curve to the right having a central angle of 3 degrees 57 minutes 21 seconds, a radius of 300.00 feet and a tangent distance of 10.36 feet; THENCE along said curve to the right an arc distance of 20.71 feet to a point; THENCE South 00 degrees 02 minutes 39 seconds East 323 .76 feet to a point for corner; THENCE North 89 degrees 55 minutes 08 seconds West 548.34 feet to a point for corner; THENCE North 00 degrees 08 minutes 10 seconds East 313 .00 feet to a 1/2 inch iron rod found for corner; THENCE South 89 degrees 55 minutes 08 seconds East 170 .00 feet to a point for corner; THENCE North 00 degrees 07 minutes 31 seconds East 174.83 feet to a point for corner; THENCE South 89 degrees 52 minutes 29 seconds East 374.14 feet to the Point of Beginning and containing 236,690.20 square feet (5.43 acres) of land. i S�_q " ' 1 Ac TJ All to 2L 2 L (UCHARD EARS T 48STINa S SURVEY •9ST. NII 491 T T I I• "t. 4 H OM A S 6�J,i1 A H A N 3° jl• "4 ' SURVEY ,LOST. !1049 Y S� .2e z sa !c 50 ca {y.: y tau j 2C1 ( so m fic•*' CITY O ( _ --� ZCI HALL i R 3.2 L.� Z•I I (/ '3• s �. q•s. MpRT1MESTfMT EAST . �I joy, sm 3•e.3c G • 3i- I iM 1 c 9300�-a-_ N U• 3.1 x 3a• 4G 40 Y• •.x 2 2a mm in, r J 1 v J K 1� 'o' --at Rs L SO `�SA,R •j —J• 30f•e , , i 10 At I rw 1 1 301 i Isar _ II 30 302F --� • _� oC� 'top, � O i2LO.e. /1 a Ik I 4 Ire! ID _ E �r --1 — 20•e . I \ .i+©W YV A. .314c � _ 4unvFr • N4 29 � G _ ;�` _,gyp so=04. M11N -_ _ �c 2cl I ] 36 i—-DI V. :. � _ 121•e - 7V 4•c 4c 1.3� I _ ; zo ac. E IL - � 4•t 4e I 8M 1 .�. W. 1t its L E ze zu - a• ...i i �{r SURVEY 1051T NQI9031 ssa•c• I i ec1 66 -' 6•, s•1 GJJJ=CCC����• Gall �lt�,lrri E�Q i34c ec 20 4 ✓. 1 I i J ,1 0 real I �K '� J 22 L. LTRACT LOCATION MAP 1 , I j i � 1.1 I -• 1 I , ,. �. I ' k! E15T f.ONTINEN-1� ---- 1 ,--�,� �q -- 1 z I � ;• ul s Is . Is4: j 1e4. ,It�O—j I`ea_ e s Zy4J� w`,�My�1/�R '4e .—N4v iPil2 BIOf,.�_NIOaI• i d R . EA DES TR 6 G SUP l/L }� 68.256 a TR 2A ACA -4p1 53.a9: A P 4 - - - 1B - - - _185 @— — — Taylor,E. —1- - _. 149 @ - - — - - - 2A is i 25;C/'` .047 @ .105@ 1.522 AC V,f l SA GO' C-2 2 Sig Smock & Husseini JV. tflo 1 SA M y 2 12.622 AC 62QCj i 0-1 2 2 26 s. 478 @ .357 AC 3 4 2_ 5 ADJACENT OWNERS & ZONING i 6 TR 7 37.27 AC BA -9 2 City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 92-08 REVIEW NO: ONE DATE OF REVIEW: 4/03/92 PROJECT NAME: CONCEPT PLAN - Miron Addition/Gorbutt Addition Request from C-2 to SP2 with B-2 uses OWNER/APPLICANT: ENG/PLANNER/ARCHITECT: Robert W. Miron J. E. Levitt Engineers, Inc. P. 0. Box 1164 726 Commerce Street Grapevine, Texas 76051 Suite 104 Southlake, Texas 76092 Phone: ( 817) 488-2659 Phone: (817) 488-3313 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 3/16/92 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . 1 . Under the existing zoning, note number 4, delete the second item since this is not a part of the request. 2 . Change the bold boundary to reflect only the land requested to be re-zoned. 3 . Delete note 3 as this is not a part of the request. 4 . Label the existing land uses for Lots 2-4, Block 1 as "vacant" . 5 . Label the L.U.D. on all adjacent tracts. 6 . Show extent of existing tree cover. 7 . 5 ' -level 'A' bufferyards should be shown along the interior of Lots 2, 3 and 4 for a total width of 10 ' between lots. 8. Label the existing zoning (C-2) on both tracts fronting on F.M. 1709 . * A water line extension and fire hydrant will be required to service the storage buildings prior to issuance of a building permit. * All signs and culverts must be permitted separately. * The applicant should be aware that any revisions made prior to City Council must be received at the City by April 13, 1992 . All revised submittals should be folded 6" x 9" and include an 8.5" x 11" reduction. * Denotes Informational Comment cc: Robert Miron S A-(Q Levitt Engineers �o 0 EAST SOUTHLAF{E BLVD. (F.M. 1709) --- — —J.A. AN SIJRVE7, 329 � I 1/2• t.P.F. 1/2' I.P.F. 1, FJQST. 20' U.E. I II \ BUILDING 'JNE _T NG p (W STRUCTUR T 1 EbSTIN I MR ' W W W t!( 2 t t =iz6z �� LOT 1 P O B c 196.32 • sJ ,+ SSO t Po&a 2 C CoI 660w�o#I 374. C1 E)aSTING t '29r E t aIM" 11 I 2S' x 230' I BUILDING I Q- LOT 2 ' LOT ; �J&A. N CONC. DWY N �O rdoJ`J QQ- 6500 S. . I I ! N CONC. D LOT 2 I STRUCTURE 1 I 1,2• LP.F. 1••2' LP.F. 170.00' G 9• 5. 1 7800 SIP 1 4 CONC. aQ s-10 670 —Io;u.E ---- N PROPOSED I CONCRET E LIN FENCE PAVING 0' WWvi 56 I Wz I�W f' OVA " LOT 3 51 LOT 4 I m c �^ I FUTURE 1EYEL IT p I o c. 1 t Ct; 041 .r LOT 2 i 82 ZONING MIS ' --- BEN i at ZONING I I — — — — 17 — — —- -� J a I 6, LOT-3 o s� G I I e LOT 3 I FUTURE OEVELOPM ` I ! -- LOT-4 °�O �W----- -- ING 15_UME_--- I - - --- — -- — ------ -- J 1 r2' !.P.F. 2' LP.F. I ! 1/2- I.P.F. 6, I �q 1 VA- City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 92-08 REVIEW NO: TWO DATE OF REVIEW: 4/16/92 PROJECT NAME: CONCEPT PLAN - Miron Addition/Gorbutt Addition Request from C-2 to SP2 with B-2 uses OWNER/APPLICANT: ENG/PLANNER/ARCHITECT: Robert W. Miron J. E. Levitt Engineers, Inc. P. 0. Box 1164 726 Commerce Street Grapevine, Texas 76051 Suite 104 Southlake, Texas 76092 Phone: (817) 488-2659 Phone: ( 817) 488-3313 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 4/13/92 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . * We find the applicant has met all the requirements of our previous reviews . * A water line extension and fire hydrant will be required to service the storage buildings prior to issuance of a building permit. * All signs and culverts must be permitted separately. * Lots 3 and 4 of Block 1 will require concept plan approvals prior to site plan submittal for any future developments . * Denotes Informational Comment cc: Robert Miron (W Levitt Engineers gA� i% la 0 �Jr 650 V IA 1 t FAST S—OLT—HL-A—K E BLVD. —(F.4. 1709) c JA. YAN Y, A- 29 1/2' I.P.F. _ _ 1/2' I.P.F. 1 2 LP.F. -- 1ExiST. 20' U.E. 1 650 —j r BUIIDiNG Vr1E E NC Pv4T• W - STRUCTUR - LOT 1+j ExUc oI LOT ! - uCTUR '� P.O.B. I '����To-��-1 LPOW LAZ cc _ s0 - 1 W o I - 374.1,4'� / ExISnNG I 660 -= 29' E I C OG�1rpy0� 41 I n �_� fl n w'>E°�" 1 + �e. 0 P�0� co 40 25' X 2}0. 1TSUILDING 1 1 �P~� 7�1p� �i� I L1 LOT 2 :I LOT ! p I N_ CONC. 0VVY r }D, I V I �O .doe 1• o 6500 S.cj��+ Q'p? 172- I.P.F, z I in CONC. D11J� LOT 2ISIRUCTURE 170.00' NG9*55 U C2 I rCi Yi_U_ O I o i PROPOSED ZI I,,t CONCRETE W �L NK FENCE Z' I PAVING 21 I �O y00Q 56 0' vl I ba �P Q /i ZI I J tJ 00 !t w I LOT 4 I L0� Mco I �._. FUTURE EyELOPM IT �gao �o't 14 f o © of I aD I ,-TEMP. TURNAROUND -— q / a . N I a oI 1 LOT 2 c,° I N Z z I — -- — zo Ow X u WI 1 N 55'0 X 5 8.3 • N 81 ZONING i I I I ` MP. TURNAROUND -� / SaG i i s90 LOT-3 1 e I W 1 LOT 3 --`I FUTURE DEVELOPME a 1 I'x 4 i LOT-4 L------ E= ------ — • ------ -- I 1 /2' LP.F. 1/2' I.P.F. ��q 1 .0 PGA pP�Q�•ry0 �4. 9A•13 &A-1 2 t LOT 1 LOT 1 BLOCK 2 BLOC( 1 C1 to-NG t .0 10' BUFFHRYARO •B' a• O 10' BUFFERYARO 'B' m o LOT 2 BLOCK 2 c G c G11 LOT 2 BLOCK 1 LOT 1 10' BUFFERYARD 'B' � S' BUFFERYARO 'A' S' BUFFERYARD 'A'�-g' BUFFERYARO 'A' I I E� LOT 4 j LOT 3 B BLOCK 1 LOCK 1 LOT 2 �F W � AD m � h • W t W LOT-3 V LOT 3 ---_ BLOCK 2 o t LOT-4 10' BUFFERYARD Ft t�NG I BUFMYARO DETAIL CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-67 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 TRACK OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING APPROXIMATELY 5.43 ACRES OUT OF THE JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529 AND BEING LEGALLY DESCRIBED AS PORTIONS OF LOT 1, MIRON ADDITION AND LOT 2B OF THE GORBUTT ADDITION AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM 11C-2" LOCAL RETAIL COMMERCIAL DISTRICT TO "S-P-2" SITE PLAN DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "C-2" Local Retail Commercial 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 x '1" -/V neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population; and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks,and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the City of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day �!� - /7 of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 5.43 acre tract of land out of the John A. Freeman Survey, Abstract No. 529, being legally described as portions of Lot 1, Miron Addition and Lot 2B of the Gorbutt Addition, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein. From C-2 Local Retail Commercial District to S-P-2 (Generalized) Site Plan District allowing any use in the B-2 Commercial Manufacturing District except the following: 25. 2a(2) Auto painting facilities. 25. 2a(3) Automobile and motorcycle sales/rental. 25.2a(4) Automobile repair/service; muffler shops; oil and lube shops. 25.2a(5) Boat sales, service, repair; recreational vehicle sales. 25.2a(6) Builder's supply, stores, outlets; all materials contained within the building. 25.2a(7) Bus Station. 25. 2a(10) Farm implement sales and service. . 25.2a(18) Retail activity of a service nature. 25. 2a(19) Retail uses related to the principal uses. The above-described tract of land shall be further subject to the development regulations set forth in the B-2 Commercial Manufacturing District and any other restrictions and requirements set forth on the approved concept plan attached hereto and incorporated herein as Exhibit "B. " A revised concept plan meeting the requirements of Section 41 of the Comprehensive Zoning Ordinance Must be submitted to and approved by the City Council prior to issuance of any building permits. 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 5�� —/,*, 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, morales 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 water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2 , 000. 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section S . 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 affection 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 r for the imposition of any penalty, fine or forfeiture for any violation of any of its provision, 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 1992 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1992. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: (W EFFECTIVE: ""73MORDAUMb City of Southlake,Texas t M E M O R A N D U M April 15, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-10 Zoning Change Request REQUESTED ACTION: Zoning Change Request for Block A, Lots 1, 2, and 3, Kidwell Addition being 20.8146 acres in the R.D. Price Survey, Abstract No. 1207 LOCATION: West side of Ridgecrest Drive at Woodland Drive and South side of Briar Lane OWNER/APPLICANT: Stephen C. Kidwell and William D. Kaizer CURRENT ZONING: "RE" Residential Estate (Lots 1 & 3) ; 11SF-1A" Single Family-lA Residential (Lot 2) REQUESTED ZONING: 11SF-1A" Single Family-lA Residential (Lots 1, 2, & 3) LAND USE CATEGORY: Low Density Residential BACKGROUND INFO: This three-lot addition will be further subdivided to create five (5) lots from the existing lots. The configuration of all lots will be changed during the plat revision process. NO. NOTICES SENT: Twenty-one (21) RESPONSES: No written responses P & Z ACTION: April 9, 1992; Approved (5-0) "1C _ KPG CITY OF SOUTHLAKE APPLICATION FOR CHANGE OF ZONING Submittal Date: 3 / Case Number: ZA Fee: $100 .00 Receipt No. PLEASE TYPE OR PRINT A. APPLICANTS 4� (9 W k)e-pS OWNER(S) (if different) Name: S652�e+, e-1- Address : 30ga ,e14ecresf esnc ! �cq u �c T 7�d 9? C rv4if- �.xe nC 760 SC/ Telephone: (1i7) 4,8!-Z/2S (817) 49.9 —Co/c9/ B. PROPERTY DESCRIPTION: Legal Description: ( ) Property is unplatted according to the County Deed Records Vol. Page It is shown as Tract of the Survey, Abst. No. , City Tax Records. ( t/) A metes and bounds description is attached. ( V ) Property is platted and described as : Subdivision Name: ,�/pGf�EG.L A-6,01 T-10,y Block A , Lot(s) 1 Z 3 Block , Lot(s) ( ) Address of Subject Property: Property Location: e PI-1�e✓ 4 l gJ�- j70 7 — Acreage: 2 C9.9 146, ( ) 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", 11C-111 , "C-211 , "C-3", "C-411 , 10 I-191 , "I-2" zoning districts . ) ( ) A development site plan shall be submitted with zoning requests in the "MH" and "S-P-1" zoning districts . g a-2- City of Southlake Application for Change of Zoning Page Two C. NATURE OF THE REQUEST: Present Zoning: E_— � Requested Zoning: S A 11 Existing Use: 2e51CVPet �za� I�C 3�2 Proposed Use: �ESi� T7a� Reason for Requesting the Change: /O be ceezoAA'tke u .,'A;1 Gtcel-aGa- � 3etii+rr� a-,.,cP perry,;� �Cgv�aJcs�a-� �f /,J -f c�rc� 107�5 D. AUTHORIZATION BY OWNER(S) : I (We) hereby authorize the City of Southlake and its employees to enter upon the premises herein above described at all reasonable times for the purpose of erecting, maintaining, or removing signs to notify the public of the pending zoning application and/or public hearing concerning said application. I (We) release the City of Southlake and its employees from liability for any damages which may be incurred to my (our) property in the erecting, maintaining, or removal of said signs . I (We) further understand that it is necessary for me (us) to be present at the Planning and Zoning Commission and City Council public hearings . Vt AW-6 KJU34 17 vtt#& q 2, (io, g1t Jae caner Name pd or Printed Date N `1 tk c l I 1 -7 1/LI Gin E. AUTHORIZATION IF AGENT INVOLVED: I, owner of the aforementioned property do hereby certify that I have given my permission to to act as my agent for this rezoning request. Signature of Owner(s) Name Typed or Printed Date Before me, a Notary Public, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , 19 NOTARY PUBLIC IN AND FOR TEXAS My Commission expires the day of , 19 g B-3 %i R D PRICE -%-1003 ' 0-1607 DENTON _ -- - II. 23 - ac TARRANT at :II.LS 7 't S{YrM fall[ { 086 I w ft ."I I uaae c•sr C r. Fla 2• D. 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'-. ...5....v4:f :?,:::?i:iv':Y':::.}T}n�••}:'-T:�v - -I� ■.:n: :i-.,:;f'.i::f:J:C:.}:•:: .vrt::::::.:vT:\;Ti.�.'j�C.+,:' \�—i.. ;y�TT,'y;i:;; +::r,y:::r':Tii•:iiA:::,,::�v;:tiy}:::{%,•�:,....'2.....Z. _'. t},••1 .,..� y tit•2• .::fi r':`:r;:.;; ♦ %s••a2 ., — 1 1 1 !1 i� 1 � I c:�\' S-t.: :2< r:.:;>i:`:ik%:.2:::."r:`,�. �?:,:"t•,'}.•.::,.,3i,'.'c�.• `— - f f- _I ,� ; !,j , 1, ; ■F � � 11 (.1� 1111111114 . . ,I.I�I x•t,:.-T-.:::;-.,.:.t.TTT: ... -:.: ::.::::.•::::.,:::;.� ' t._ 1. L�.." �� , 1 h Y _ IIIIlW11 IL LII11t 111111l. �..r----- �-...._. . _. .:_=.�111111111111111 --.�111�11 0=1 =i i ---.__ S0-7 �` CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-68 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 20.8146 ACRE TRACT OF LAND OUT OF THE R.D. PRICE SURVEY, ABSTRACT NO. 1207, BEING BLOCK 1, LOTS 1, 2, AND 3 , KIDWELL ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE" RESIDENTIAL ESTATES (LOTS 1 AND 3) AND "SF-1A" SINGLE FAMILY-lA RESIDENTIAL (LOT 2) TO 11SF-1A" SINGLE FAMILY-lA RESIDENTIAL FOR LOTS 1, 2, AND 3; 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 "RE" Residential Estates (Lots 1 and 3) and 11SF-1A" Single Family-lA Residential (Lot 2) under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these �•► changes should be granted or denied: safety of the motoring public 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 sl and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, (W does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 20.8146 acre tract of land out of the R.D. Price Survey, Abstract No. 1207, being Block A, Lots 1, 2, and 3, Kidwell Addition, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "RE" Residential Estates (Lots 1 & 3) and "SF-lA" Single Family-lA Residential (Lot 2) to "SF-lA" Single Family-lA Residential District for Lots 1, 2, and 3 . 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 (WW light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2, 000. 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. %d.—14 • 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 1992. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1992. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: 480.68/0RD&RES/kb City of Southlake,Texas M E M O R A N D U M April 15, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-11 Plat Revision: Kidwell Addition REQUESTED ACTION: Plat Revision of the Kidwell Addition being legally described as Block A, Lots 1, 2, and 3, Kidwell Addition and having 20.8146 acres out of the R.D. Price Survey, Abstract No. 1207 and being revised to Block A, Lots 1R, 2R, 3R, 4, and 5, Kidwell Addition LOCATION: West side of RidgecrestDrive at Woodland Drive and South side of Briar Lane OWNER/APPLICANT: Stephen C. Kidwell and William Kaizer CURRENT ZONING: "RE" Residential Estate (Lots 1 & 3) & "SF-lA" Single Family-lA Residential (Lot 2) REQUESTED ZONING: "SF-lA" Single Family-1A Residential NO. NOTICES SENT: Two (2) RESPONSES: None P & Z ACTION: April 9, 1992; Approved (5-0) subject to the Plat Review Summary dated April 3, 1992, deleting item #11 (15' U.E. across Lots 2, 4, and 5) . STAFF COMMENTS: Attached please find the Second Plat Review dated April 16, 1992. M b KPG c` ' _ CITY OF SOUTHLARE 03/15/91 FBAT TLTAT e.. P nT S ,...vINGLAT REVISIO APPLICATION TITLE OF PLAT: &1D /ELL. Ab bl / /C`AI , CZ T-5 I & 3 SUBMITTAL DEADLINE: TOTAL LOTS: TOTAL ACRES: Za- Zq`iz-�t APPLICANTS/ OCuN.-1LS OWNER (if different) k NAME: Sl<e iP� lc wel/ 1 �Q Q Q ADDRESS: ! Cr �+/- T' L ` ` , lUL,l�C 7(oc9rt2 �r^c 'rJi" PHONE: LS/2) YWl - Z/ZS .(8/7) 496 -6,60I I hereby certify that this plat is in conformance with the requirements of Subdivision Ordinance No. 483 and No. 217, Drainage Ordinance No. 482, and the Zoning Ordinance No. 480, amendments, and other ordinances, maps and codes of the City of Southlake that pertain to this submittal. I further understand that it is necessary to be present at the Plannnin a n mi ssi on and City Council meetings to represent the the enclosed � s a car s y nresolved issues. 1 -7 17 72, Signed: Date: LZ V-k 0--k "[ 2- ,r**,r+r***,e,r,t,r* *,e*,►w*,t***,r*,►*www***,t*tr*,t,r,r*,r,r***,t,r*,t,r,r,r,t***,t****s,►,t***,t*«�*w,t****,r,►,t*,e**,r* For City Use Only: I hereby acknowledge receipt of the plat application and the application fee in the amount of $ 5I} 0.`— on this the Lj� day of , 19 U Signed: LTitle: _ ******************,e,r*w*,r ****,r,rw,r,t****,r*sr*,e***,►,t*,t***,e*,t*** **,t* *,a***,e*,t*,e,r**,r,r,t,r:*x*,t* The following checklist is a partial summary of platting requirements required by the City of Southlake. The applicant should further refer to Subdivision Ordinance No. 483 No. 217, Drainage Ordinance No. 482 and the Zoning Ordinance No. 480, amendments, and other ordinances, maps and codes available at the City Hall that may pertain to this plat submittal. Shown Not GENERAL INFORMATION On Plan Applic. Permissible scale: 1 '= 501 , 11'= 100' (Prefer 1"=100' ) Sheet size shall be 24" X 36" North arrow, graphic & written scale in close proximity Vicinity Map Appropriate title, i.e. "Final Plat", "Plat Showing", "Plat Revision", and "Amended Plat" Title includes Subdivision name, City, County, State and Survey and Abstract Title includes total gross acreage, number of lots, and date of preparation Name & address of record owner & subdivider (if different) Name, address and phone of Surveyor Standard approval block provided Proper format for owner's dedication and notary (Appendix) Proper surveying certification statement (Appendix) Courthouse filing record note provided k-L City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 92-11 REVIEW NO: ONE DATE OF REVIEW: 4/03/92 PROJECT NAME: PLAT REVISION - KIDWELL ADDITION, LOTS 1R, 2R, 3R, 4, 5, BLOCK A OWNER/APPLICANT: ENG/SURVEYOR: Stephen Kidwell Benchmark Consultants 3090 Ridgecrest Dr. 13771 N. Central Expressway Southlake, Texas 76092 Suite 1011 Dallas, Texas 75234 Phone: ( 817) 481-2125 Phone: (214) 680-2089 Fax: Fax: (214) 680-3052 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/17/92 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . 1. Provide a written scale. 2. Provide the name and address of all owners on the plat. 3. The owner's preamble must reference current deed ownerships for all owners rather than plat records. See attached format from Appendix 1 . 4 . Show deed records on all property within 200 feet. 5. Label the 5 ' U.E. off-site to the northwest within Lot 3 . 6 . Change the wording on the easement to be abandoned to read as follows : "10 ' U.E. to be abandoned with this plat" . 7 . Change the signature block for utility company approvals to follow the enclosed updated format. 8. Dimension property corners to the center of the adjacent street. 9 . Show existing structures (to remain) and dimension to property lines . 10. Remove the zoning labels from these tracts . 11 . Provide a 15 ' drainage easement across the south of Lots 2, 4 and 5 along the low point of the apparent swale. 12 . Provide a preliminary drainage study for this revision. Show any necessary drainage easements. �C,3 City of Southlake,Texas 13 . Provide the following note: "The owners of all corner lots shall maintain sight triangles in accordance with the City X Subdivision Ordinance. 14 . Change the lot numbers to 1R, 2R, 3R, 4 and 5 of Block A in the title block and dedication. 15 . Label the 15 ' U.E. in the northwest corner. * Original signatures will be required on each of the blackline mylars prior to filing the plat. * The applicant should be aware that any revisions made prior to City Council must be received at the City by April 13, 1992 . All revised submittals must be folded 6" x 9" and include an 8.5" x 11" revised reduction. * Denotes Informational Comment cc: Stephen Kidwell William Kaizer Benchmark Consultants Enc. Appendix 1, Form of Dedication Easement Abandonment Format. 8c-4 1 T [_ 3AI80 1 a ° r� •��s9 yt'�is��BZZ 3.b[.Ob.OS — Y A 2 1 [_ � pp �•.nf`SOf I H >>y�,• •sFN a 1 En it Q w rn i t w cc r 0et,a0 / a = I Cc a Z Io 1'1 TO N w U)N w N W 0 a o • ,� I I D N i w in w I 1 cu 00 0►2 M,BZ.B►.ON I Z W 'J Ul _ r � in ___ a A ui ' ---- ---.02'22► w ( Z ui o H co e o 2 n E u m m J•a C W O " 8 om C � � cc cc. QI S S I I^( - C Q - -- - - - - - - - _.-.:- - - m __ .... z .. =a...r.r..r.-r '. lu•J Q I A Y �Ol u w I Q oL/� J I Ini o Q , Y m z 1.9 .09 u I m a 3.Sri r*F.N -I cn 0' ' 3AI80 dO1l1IN W NIA �. ............ ....._.. � W mlo „L �1 _i cD F e0 co E Iw N co Z I U7W W n . t^.96.991 ti .02'662 M,BZ.B►.ON � O � � toto co o _ m o m i �^ a J to v �_ __�� m co Ii Q P.EE.oN � m w • m c ¢ u .00'OSZ M,B2.8b,ON Q _2 fJ ¢ iL If7 O J p I 7 u C%j 0 to .09 co W to m a � N N O Lg_Ut11. Eam't__ �o J w II l s City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 92-11 REVIEW NO: TWO DATE OF REVIEW: 4/16/92 PROJECT NAME: PLAT REVISION - KIDWELL ADDITION, LOTS 1R, 2R, 3R, 4 , 5, BLOCK A OWNER/APPLICANT: ENG/SURVEYOR: Stephen Kidwell Benchmark Consultants 3090 Ridaecrest Dr. 13771 N. Central Expressway Southlake, Texas 76092 Suite 1011 Dallas, Texas 75234 Phone: (817) 481-2125 Phone: (214) 680-2089 Fax: Fax: (214) 680-3052 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/9/92 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS. ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744. sssass:ssssssassasasas::ass:asssssassssss:sasssss:sssssssssssassssss 1. Show plat records on all property within 200 feet. * The applicant has agreed to all the following note to the plat: "The City of Southlake reserves the right to require minimum floor elevations on any lot contained within this addition" . * Original signatures will be required on each of the blackline mylars prior to filing the plat. * Denotes Informational Comment cc: Stephen Kidwell William Kaizer Benchmark Consultants I ia•3 �:s__ ,!'. -ems: a s a ! ? 3 i •-_!! i o r - i s4 �i`l�a .as a�+i `•I � '-! � '.yi e � � . a i aF:!• ; i � w � • •:• i'� ���� 'a3• "i i±-: s+ 1 ii �:i: - = r J ` - • 1;i� :, i : i +- : : =.:•s r. a: sal _ ; � .Si 3 • - f?,? ;a - - s•iii i';-; i 'S s s: :d ?a:i i i ;o i! s _ 1 is i• e i :a i., q. i_, a Y i a.a. i,a ...f 1 i-;3> t��a • yj ! ? s�t ?i= i= i??;i is i i is 1 4 t E •� i:= -�3- i= a i o s Is ��s�is�� i;-..-s:a!�ii sl ltj n?'s i}i :es j= '> � ►Si ?- �. •• �' 'r?1 1°"�-s i>•�- f:::i: ::: 1a1'?a7 a .� =!s!!�io c sa p t - 1,= :i .¢ir 11 s s !! t 1 1a �ss:�is13i ��; 1i12c"s� +:� :�� �.13 i�:li::a : ;}i ? j i d _ OR e1.1 i +t r � #•� � +� _� ililii i �� a"ream isiiOf101t1LA A 1 iri t ;s is i ". '• -. • i 3:iy 4 4. ie�ti % �� • --aa�-s� i t $i 1l31_j }Ic t �' . 1 � 3a ;3ii,i�: _,�s=5!13 •_si i Hr' I's_ :?j_ l. fiaa }? e i ijtl ia:J. i?!i!!}ljei iii7# -t iij1lzii4+iL M--ii :ii?s S " I ulic i7.m aoa-+Fs si is t•i S r15 � wo 1ils Ll 114i •'i-' iiji WZ ij r1 i! I jT]S i 8c -1 City of Southlake,Texas M E M O R A N D U M April 15, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-09 Site Plan for Building Permit REQUESTED ACTION: Revised Site Plan approval for Building Permit for the construction of a fire pump house and ancillary canopy loading fire/foam protection system on property described as Tracts 3A, 3B1, 382, and 4, C.B. McDonald Survey, Abstract No. 1013. The applicant has requested a variance from the City Council to the masonry requirements per Ordinance No. 557. The ordinance provides that any exterior wall fronting any street shall be constructed of masonry materials or glass, covering at least eighty percent (80%) of said wall, exclusive of all doors. LOCATION: 2401 Highway No. 26 West OWNER/APPLICANT: Fina Oil and Chemical Company CURRENT ZONING: 11I-2" Heavy Industrial with a Specific Use Permit for Petroleum Operations NO. NOTICES SENT: Six (6) RESPONSES: None regarding the site plan approval. One (1) undecided regarding the masonry variance: Ray Wallace, owner of property to the East of Fina site P & Z ACTION: April 9, 1992; Approved (5-0) subject to the Plan Review Summary dated April 3, 1992 deleting all bufferyard requirements except along Hwy. No. 26. The Commission further recommended placement of the bufferyard along Hwy. No. 26 at the time of a major site improvement. They supported the masonry variance request. STAFF COMMENTS: Attached please find the Second Plan Review Summary dated April 16, 1992. W KPG 9 D- I FI NA Diane M. Combs Project Engineer tw✓ Engineering&Construction April 9, 1992 Ms. Karen Gandy Zoning Administrator City of Southlake 667 North Carroll Ave. Southlake, TX 76092 RE: Fina Southlake Terminal Request for Masonry Requirement Variance Dear Ms. Gandy: The purpose of this letter is to request that the Southlake City Council grant a variance for Ordinance No. 557, as a masonry requirement for the new Fire Pump Building at the Fine Fueling Terminal. I feel a variance for the masonry requirement is justified at this location for the following reasons: 1. The variance will allow the new Fire Pump Building to remain compatible with all of the existing buildings on the Fine property. (iiiw 2. The Fina property is currently being used as a Fueling Terminal which is wholly compatible with the development of adjacent properties along State Hwy. No. 26. 3. The location of the new Pump building is approximately 480 feet from State Highway No.26 R.O.W. which is greater than 300 feet as described in Ordinance No. 557. 4. The new Fire Pump Building is pro-manufactured with external Fire Department connections on the wall where the masonry is required. Access to these connections would be impeded or blocked if masonry is added to the wall. The new Fire Pump Building is part of a totally new fire suppression system at the Fina Terminal. This system was designed and constructed to comply with a Southlake Fire Department directive to improve fire protection at the Fina facility. The design of this system has been reviewed and coordinated with several individuals with the Southlake Fire Department. If you have additional questions or if I can be of further assistance, please call me at (214) 750-2375. Si cerely, Diane Combs DMC:dgs cc: Southlake Fire Suppression Joe Baxley 0409921 Fina Oil and Chemical Company P.O. Box 2159 • Dallas,Texas 7! ff D-z '50-2400 • Fax(214)750-2582 ' CITY OF SOUTHLAKE 04/02/91 SITE PLAN APPLICATION _ ,, 1 • � TITLE OF SITE PLAN: SUBDIVISION SITE PLAN IS IN: LOT: BLOCK: Lft yL-09 APPLICANT OWNER (if different) NAME: 1JG /`?I L <:&i �- �.c SG»�?• ADDRESS: PG• 56X 2iSQ alas, -rX -15ZZI PHONE: �y) 75/ - ,23 75 I hereby certify that this site plan is in conformance with the requirements of Zoning Ordinances No. 480, amendments, and other ordinances, maps and codes of the City of Southlake that pertain to this submittal. I further understand that it may be necessary to be present at the applicable Planning and Zoning Commission and City Council meetings to represent the closed re est and address any unresolved issues.leiSigned: � Date: .3 (02 .***,e*,e****:***,►*,r******#***,r*,e*,r:*****,e*,e**+e******,►**,e***,rx*** ** ****s**:,r*,r,r:,e,r**x****� For City Use Only: Z hereby acknowlIdge receipt of the site plan application and the application fee in the amount of $ LSD on this the day of #AA J 19 Signed: Title: ( ze following checklist is a partial summary of site plan requirements required by the altity of Southlake. The applicant should further refer to Zoning Ordinances No. 480, amendments, and other ordinances, maps and codes available at the City Hall that may pertain to this site plan submittal. Shown Not On Plan Applic. O— Acceptable scale: 1"=201 , 1"=401 , 1"=100' or as approved (ALL) X North arrow, graphic & written scale in close proximity (ALL) . X Small scale location map shown (ALL) X _ Title includes appropriate title, (i.e. "Site Plan," "Development Site Plan," etc. ) , name of development or platted lot and block designation, City, County and State, date of preparation (ALL) _ Name and address of owner. (ALL) Name, address and phone of firm preparing the site plan. (ALL) X Metes and bounds labeled on property boundary. (ALL) '_ R.O.W. on or adjacent to the site labeled and dimensioned, adjacent street widths shown. (ALL) X _ Adjacent property labeled with owner's name, existing zoning, land use map designation. (ALL) The width and type of proposed bufferyard must be labeled. (ALL) Designation of the location and size of all points of ingress/egress to the site. (ALL) X_ All pedestrian walks, malls and open areas for use by tenants or the public. (ALL) (taw—x— The location, type and height of all walls, fences, and screening devices. (ALL) 9 D-3 Site Plan Checklist Page 2 of 3 Y Site Data Summary Chart (by phase and in total) to include the following items: X Existing zoning of this tract and any proposed zoning. (ALL) - 1 Gross acreage and net acreage of the project. (ALL) Number of proposed lots. (RPUD, MXPUD including residential) Residential density. (RPUD, MXPUD including residential) Percentage of site coverage. (MXPUD, SPl, SUP, BP) Anticipated schedule of development. (All except BP and SUP) Parking and loading spaces required and provided. (MXPUD, SP1, -SUP, BP) x Area of open space. (ALL) '_ Open space as a percentage. (ALL) outside storage as a percentage. (ALL) Location, dimensions, max. height, number of stories, use or uses contained therein, gross floor area. Al xcept RPUD) X Square footage broken down by use. (SP1, ISUP, BP - Entrances and exits to buildings. BP SP1) X _ Architectural renderings or elevations of the proposed structures, noting whether or not the facades meet the masonry ordinance requirements. (SP1, C6UTP, BP) X Distance between buildings an distance from building to property lines. (All except RPUD) _X Clear designation of all parking stalls intended for off-street parking and for off-street loading. (All except RPUD) k Dimensions of such rking and loading areas. X (MXPUD, SP1, SS ,5a Type of surface maerial. (B , SPl) Any intended lighting shown. (MXPUD, SP1, SUP, BP Front building lines shown. (All) Rear and side building lines shown. (MXPUD, SP1, SUP, BP) _ Location, size, height, type and orientation of signs, fighting luminaries and exterior auditory speakers. The applicant shall also provide representative renderings of the particular sign type, facings, material compositions and colors. (MXPUD, SP1, SUP, BP) X_ The location of all on-site facilities for liquid and solid waste temporary storage pending disposal or any proposed septic fields. (MXPUD, SP1, SUP, BP) . X _ Location of all trash dumpsters. (MXPUD, SP1, UP, BP) X The types of surfacing, such as paving (for example, asphalt, concrete, brick, turfing avel) , to be used at the various locations. (MXPUD, SP1, SUP, BP) �_ Easements on or adjacent to the si a labeled and dimensioned. (SP1, SUP , RPUD and MXPUD if they impact the development) �( Nearest fire hydrant dimensioned to property corner and any proposed hydrants shown. (MXPUD, SP1, SUP, BP) X The fire lane width must be designated with all curb radii adjacent to the fire lane labeled. (MXPUD, SP1, SUP, BP) A The proposed finished grade of the site, shown to contour intervals not exceeding two (2) feet. Spot elevations must be shown at all critical points, including but not limited to edges of pavement, curb returns, building corners, drainage paths, etc. Included must be directional flow arrows in all flow lines, and all existing drainage structures labeled with size, type and flow line elevation. Also show centerline of water courses and existing drainage easements. (BP, SP1) 9D- Site Plan Checklist Page 3 of 3 a Note the benchmark used for the topographical information shown. This should correspond to a City approved benchmark. (BP, SP1) :C A summary chart showing all proposed variances to the closest zoning district in which the proposed use(s) would be allowed. This should show the referenced zoning district, the existing requirements and the proposed variance. (RPUD, MXPUD including residential, SP1) Intended category of uses labeled. (All) Show any areas intended for outside storage and method of screening. (All except RPUD) For any site plans to be reviewed by staff, the submittal shall include the following: 17 Blueprints (Folded 6" x 911) ( Reduction (8 1/2" x 1111) Copies of written documents First submittals intended for review by the Planning and Zoning Commission shall include the following: l� Blueprints (Folded 6" x 911) Reduction (8 1/2" x 1111) Q Copies of written documents Second submittals intended for review by the City Council shall include the following: Blueprints (Folded 6" x 9") Reduction (8 1/2" x 1111) Copies of written documents Folder: ORD File: APPI.SIT ID- 5 ,2 2. >e 92A .e2 ie LIP- �;�' -•� p I V I I ! / 1+y ' LI -K 4 2C j 3 3E SC I 3•I �Ey a1 1R�N \� _aze OFT S 6v�PR�i F 1 `f 1 i 12E za� zaz zAZA I p�M• J �__11' 2a pI I 2aA: Zug i 3Ac_! -201 <C I z� Itul ue I I A:. , � f - `" e I -Cg. IE I - - ANr SURVEY;ABST. 1112 474 1 f I f: 3i Sa e. �IL�7�1� t Slae ' — I r= •1a1 '�: 2 iA --- _ _ 64 • .3 ZCI •- j I �6eu� �i • 68 tO zc I SAC. �. .�. .1 61 Ac 6 I 6E o •ft j i i �REElr` Y� rl�' SURVEY AST.M41013 i' • ° -:277,=rL, a IfAJ 11M[ iN6�I�pN '6At" isi11 2 � 1 �•--- asp` elq_a: 2e ' .56 Ac All. 1811L. It a si(SI �--D E C x E ut I qov` w :� G0 I IA 3]i Ac2E 1 I SUP ��..Q s3*_vc! . .� -T- ♦• 3 2EfA ]•.°1 u. .I �!X 1 Ie3 -- 1 ..•M- S� I-ia2 ® .I L.R. SPLANKE �_2 30Ac Is Ac Sy VEY ABST N4 1 453 I �I• � I � �`� tP��s ! � ROAD 1 S 0oar M. 1 ' ,. I - ,Ct ITRACT LOCATION MAP �'� •ICE �= ' CHEATHAM & ASS( t� •` pro 5ep � L-- CONSULTING ENGINEERS SURVEYORS 1170 CORPORATE DRIVE W. SUITE 207 Ar / s eA11 i , �(p}� I (817) 633-1023 gp-6 --- i I INENZPL eL,VO SOUM.AKE J.V. CpN� Tract 2 E 13.308 AC "I-1„ AMBER PIPELINE CO. TRACT 3 EXPLORER PIPELINE CO. W. Ray Wallace rR 1e1A Tr 1, A-1013 15.6 AC I 67.150 AC oor 000 I i TR 382 5.33 AC TR 3A / 12.02 AC a Q,P CONO00 INC. ET AL AC �p►� TR 1A2 / 1 AC I TR 4 `P 2.41 A 6 rR aC .4 a 9ti9 1g0 o}O EaWM TR 48 PETROLEUM COMPANY OF TEXAS ( 1-211 115.00 AC / / PQ�J1� C AT TO 0 GO� 00, ADJACENT OWNERS & ZONING A ' SUA�a53 zwz A,1 City of Southlake,Texas SITE PLAN REVIEW SUMMARY CASE NO: ZA 92-09 REVIEW NO: ONE DATE OF REVIEW: 4/03/92 PROJECT NAME: B.P. SITE PLAN - FINA OIL AND CHEMICAL COMPANY OWNER/APPLICANT: ENG/PLANNER/ARCHITECT: Fina Oil & Chemical Co N/A c/o Diane Combs, P.E. P. O. Box 2159 Dallas, Texas 75221 Phone: (214) 750-2375 Phone: Fax: (214 ) 890-1292 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 3/16/92 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . 1. Please see attached mark-up for corrections to labeling of adjacent properties. Conoco and Explorer are currently zoned I-2 . Label owner and zoning on tract to east. 2 . The following bufferyards are required. North: 5 ' Bufferyard 'A' East: None S.H. 26 : 10 ' Bufferyard 'D' South Along Explorer: 5 ' Bufferyard 'A' West: 5 ' Bufferyard 'A' 3. Show width of access drive. 4 . Note the percentage of site coverage. (Buildings, structures, tanks only) . 5. Note area of open space. (Grass or non-paved areas) . Also show as a percentage of the site. 6 . Note that no outside storage is intended or provide the area of outside storage as a percentage of the site. 7. Note the dimensions, maximum height and floor area of the proposed pump house. 8. The masonry ordinance requires 80% masonry on the side fronting S.H. 26 . Please note compliance. 9. The warehouse and office space requires a total of 18 parking stalls. Approximately 12 stalls are shown. Please designate 6 additional stalls for parking. 10. Show size and height of entry sign. 11. Show general location of septic fields . Sao City of Southlake,Texas I * Any requests for major improvements will require platting of the j property. * The applicant should be aware that any revisions made prior to City Council must be received at the City by April 13, 1992 . All revised submittals should be folded 6" x 9" and include an 8 .5" x 11" reduction. * Denotes Informational Comment cc: Fina Oil f I I f l 9 D-9 l <e,,� SlM TNlunos OMI SVX31 'SYTM9Sitl i ? AYN1dX>t T'M17�M Nl■ON 04q p o •.>m pIa-cmu3.mm ANVdWOO 1VOMHO ONV 110 VNI=l V*womtosio"U » I I I 1 I 1 I 1 I I II 1 I 1 1 I 1 I I 1i I I I I � 1 Ca I 1 i 1 I I 1 1 I ■ 1 1 1 I I 1 I I I 1 I 1 � 0 1 O 1 I O � j ui A\Ij m. - , r , i i I r I I ❑o �z m.p 9D-1 v g City of Southlake,Texas SITE PLAN REVIEW SUMMARY CASE NO: ZA 92-09 REVIEW NO: TWO DATE OF REVIEW: 4/16/92 PROJECT NAME: B.P. SITE PLAN - FINA OIL AND CHEMICAL COMPANY OWNER/APPLICANT: ENG/PLANNER/ARCHITECT: Fina Oil & Chemical Co N/A c/o Diane Combs, P.E. P. O. Box 2159 Dallas, Texas 75221 Phone: (214) 750-2375 Phone: Fax: (214) 890-1292 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 4/13/92 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744. 1. The following bufferyards are required. North: 5 ' Bufferyard 'A' East: None S.H. 26 : 10 ' Bufferyard 'D' South Along Explorer: 5' Bufferyard 'A' West: 5' Bufferyard 'A' 2. The masonry ordinance requires 80% masonry on the side fronting S.H. 26 . * Any requests for major improvements will require platting of the property. * Denotes Informational Comment cc: Fina Oil �D-I .I _ SI u o0Z9L gym vVilvo i Ft a a AVM**36dXi T'UMUC &WON OMM • mom.M-n ANVdWOO WOMHO UNV 110 VNI=l �00 T*MW i to VNU 111 44 ir TO I I YM -•• I 1 1 I 1 1 1 1 I 1 i 1 I 1 1 1 1 I 1 O I & I 1 1 & I 1 • I I 1 1 I I 1 1 & I i � I eO o 1 & 0 1 I i r I i i i !i I ❑ R4 C S tY k1II M � ga �2 � City of Southlake,Texas CITY MANAGER MEMORANDUM April 14, 1992 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Municipal Court Software Package At the City Council's April 7 Mid-Year Review, the City's System 36 computer software and hardware needs were discussed. The City is operating at 85-95% capacity on its disk storage, with Financials, Utility, Building, and Court provided by CAMEO Software as the major current application systems. There has been occasions where the disk space was completely used, necessitating some emergency file management on all systems. The City will may be required to expand disk storage capacity within this budget year at a cost of approximately $5, 000 for a pre-owned disk. The Municipal Court over the past year has made efforts to utilize the existing software package. The City Manager in January 1991 established a Court Task Force with members from Court, Police and Finance to review the problems and recommend alternatives for efficient operation of the Court. The ultimate recommendation was to consolidate the information systems of the Police and Court. The Police operates on the BADGE (DB Information Systems, Inc. ) personal computer based system. With Court on the BADGE system, citations entered by the Dispatch personnel will already be available within the Court system for processing, eliminating the need for duplicate citation entry by the Court. The system is user responsive, and will make the Court operation more efficient. The proposal submitted by BADGE estimates the total Court package cost at $14, 000. This can be funded in the 1991-92 budget year partially from proceeds from the recent sale of used City vehicles, $6,772.50, and the Southwestern Bell tower lease revenues, currently at $800 monthly. Both of these revenue sources were note budgeted. From an accounting standpoint, the Court daily financi information that now is automatically journalized to the genera ledger will have to be manually input daily. If the City convert to an automated cash receipting system in the next budget year, this daily manual input will be eliminated. It is recommended tha the City Council approve the purchase of the BADGE Municipal Cou System as proposed by DB Information Systems, Inc. jA LAH DB Information Systems. Inc. specializing in microcomputer productivity March 6, 1992 Ms. Laura Denman Finance Department City of Southlake 667 North Carroll Southlake, TX 76092 Dear Laura: We are pleased to provide you with the Pricing information you've requested concerning our BADGE Municipal Court Records Management system. I understand you are planning to submit a funding request now for the City's consideration and to gain approval to initially install two (2) personal computers in the Court Department: SYSTEM QUOTATION for Southlake, Texas SOFTWARE: DB Information Systems' BADGE Software: MUNICIPAL COURT Package includes: S 3,995.00 * Easy entry of data through a totally MENU-driven system. * Quick on-line searches by Name, Ticket #, and Docket #. * Calculates Fine amounts automatically from User-defined tables. * Easily and quickly prints Complaints, Normal Warrants, Capias Pro-Fine Warrants, and even Courtesy Letters. * Easy-to-Use Cash Receipts payment transaction screen. * Tracks payment history by Violator. * Prints official Municipal Court Monthly Report. * Keeps track of the Court docket and prints Final Judgments. * Compiles and Prints DL-18 Convictions Report. AND * Has full Query capability for Custom Reports and Analysis. ear, T/1T An: �,� S.^.F:;'.,gin... �...a:, S 3,.�...� HARDWARE: (2) DB INFO SYSTEMS 20 Mhz Premium 386SX Microcomputers S 3,200.00 w/1 Mb memory; 40Mb Hard Disk;1.44Mb Floppy Drive; 101 Key Enhanced Keyboard; VGA Color Display (1) Panasonic model 1123 / 24-pin Dot-Matrix Printer 295.00 80 Col./192 CPS/20 CPI/RQ/Draft (1) Panasonic model 2624 / 24-pin Dot-Matrix Printer 590.00 Quiet Technology 132 Col. / 300/100 CPS/SLQ (taw - Continued on the next page - 2630 West Freeway, Suite 205 - Fort Worth,Texas 76102 - (817)332-4345 /0'e, -a (2) LANtastic Network Adapters [to connect to PD] 400.00 including hardware & software HARDWARE TOTAL S 4,485.00 SYSTEM SOFTWARE & HARDWARE S 8,480.00 INSTALLATION (includes tie-in to Police data) 720.00 TRAINING (Two Days)b 400.00 TOTAL $ 9,600.00 b Training conducted at our new Ft. Worth Training Center Monday through Friday, by appointment Our Proposal includes loading the BADGE Court Program on to the present Police Department file server allowing both departments to share the citation and warrant files, as well as master name information. Combining the programs requires several hours worth of programming effort which is reflected in the Installation charge shown above. Also, we recommend the present File Server in the Police Department be dedicated, in other words no longer be used as a workstation for Records, in order to maximize the rate of data transmission over the combined network. With the lower pricing now available for the much faster 80486 PC, we propose installing one as the Court and Police Departments' shared file server. The present 386 Server used in Records will remain, only now it will function full-time as the Records workstation. RECOMMENDED UPGRADES to tie Court to the Police System: (1) DB INFO SYSTEMS Dedicated 80486-33Mhz. File Server S 3,000.00 4Mb RAM; 1.44/1.2Mb Disk Drives; VGA MONO Display; - [The 211Mb Hard Disk in the 386 can be moved to the 486 and replaced with an 80Mb Disk] (1) LANtastic network server adapter 350.00 (1) Colorado Memory QFA700 Tape Backup System 745.00 with six (6) diskettes for daily backup INSTALLATION Charge 300.00 - Continued on the next page - The Total Cost of this Proposal, including the Recommended UPGRADEs to the combined Police/Court system shown above is S 13,995.00 and this price already includes freight charges, installation, menu setups, and training. We will provide ON-SITE maintenance of all the new Hardware and Software Support for the BADGE Court Program for the first year included with the above Price. Beginning the 2nd year, the additional Customer Support charges (added to our existing Agreements) for both hardware and software will be S 1,600.00. We estimate this charge will remain static year over year, but it is subject to reasonable adjustment to reflect changes, if any, in our costs to provide these services. Training will be provided at our NEW Ft. Worth Center by our Training specialists. An Introductory two (2) day package of Training is being offered with this Quote for two (2) persons. On-site-training is also available at our customary rate of $400 per day. For your assistance in buying the BADGE Court Program this Spring, we can also offer you a Lease/Purchase alternative with NO Downpayment and (5) Annual payments of ONLY S 4,175, with the First Payment due next October 1. With a small amount down, the payments will be even lower. We use the services of Consolidated Financial Services of Greenville, Texas and this quote is made subject to their approval. An Application is enclosed for your assistance. Several plans are available and nearly all the plans have early pay-off options. You hopefully will find this information useful and we are looking forward to hearing from you soon. In the meantime, if we can be of further service or answer any questions, please call our Local number (817) 332-4345 and you are welcome to visit our NEW Offices at 2630 West Freeway, near Forest Park Boulevard. Sincerely, .eve .,;:.ton Marketing Director Ana, - Y City of Southlake,Texas M E M O R A N D U M April 16, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Public Works Director SUBJECT: Solid Waste Collection, Disposal and Recycling Contract i Attached is the proposed contract for solid waste collection, disposal and recycling that the Council authorized staff to prepare at the last council meeting. The contract includes all the provisions in the request for proposal and the existing contract, plus some additional legal language. Because of the magnitude of the contract and the short turnaround time to prepare the contract, the contractor, Lakeside Sanitation, and staff have not had time to address all of the concerns of the contractor. There is not a problem with the basic contract pertaining to the collection, disposal and recycling of solid waste. The contractor has some concerns with the insurance coverage and a few legal matters that will be addressed Tuesday night. Once these matters are settled, staff would recommend approval of the contract. BFI will discontinue recycling collections after Tuesday, April 28, 1992. Lakeside has agreed to start their recycling collection as soon as BFI stops, which will be Monday, May 4, 1992. Please place this item on the Council's next agenda. If you have any questions, please contact me. MHB/lc attachment: Solid Waste Collection, Disposal & Recycling Contract wpfilabnemariwast.cy CM /D Y�, FIELDING , BARRETT TEL : 817-560-13953 Apr 16 ,92 15 :54 No .010 P .02 i CONTRACT FOR RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION AND RECYCLABLE MATERIALS COLLECTION STATE OF TEXAS COUNTY OF TARRANT i t THIS CONTRACT AND AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager, Curtis Hawk (hereinafter referred to as "City") , and Lakeside Sanitation, Inc. , a Texas Corporation, acting by and through its duly authorized President, Curtis McCaffity (hereinafter referred to as "Contractor") . WHEREAS, City and Contractor have heretofore entered into a Franchise and Agreement whereby Contractor agreed to provide residential and commercial garbage and trash services to the City and its inhabitants for a five (5) year period beginning May 1, 1987 and ending April 30, 1992s and WHEREAS, City and Contractor now desire to renew said contract by giving Contractor a non-exclusive license to use the public streets, easements, and thoroughfares within the limits of the City for the purpose of collection and disposal of residential and commercial garbage and trash, including solid waste recycling, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That City and Contractor do hereby covenant and agree as follows: SECTION 1 DEFINITIONS Wherever used herein, the hereinafter listed terms shall have the following meanings: slake\refusel.con(41692) 10 b• n w G FIELDING , BARRETT TEL : 817-560-3953 Apr 16 ,92 15 :54 No .010 P .03 1. 1 Brush. Tree and shrub trimmings and limbs, etc. , in bulk which exceed four (4) feet in length and cannot be loaded readily into regular refuse compaction equipment. 1.2 Bulky Waste. stoves, refrigerators, water tanks, washing machines, furniture and other waste materials other than Construction Debris, Hazardous Waste or Stable Matter. 1.3 Bundle or Boxed Bundle. Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four (4) feet in length or fifty (50) lbs. in weight. 1.4 City. City of Southlake. 1. 5 §ommercial Unit. Any commercial or industrial enterprises operating within the corporate limits of the City, including any residential dwellings occupied by persons or group of persons comprising more than four families. 1.6 Commodity. Material that can be sold in a spot or future market for processing and use or reuse. Each commodity shall retain its own identity and be kept separate. 1.7 Commodity Buver. A buyer or processor, selected by Contractor pursuant to the Contract Documents, of recyclable materials delivered by Contractor. 1. 8 Contract Documents. This Contract and the most current Request for Proposals, Instructions to Proponents, Contractor's Proposal, and Performance and Bid Bonds, plus any addenda or changes to the foregoing documents agreed to by the City and the Contractor. 1.9 Contractor. The person, or partnership performing refuse and recyclable materials collection under this contract. 1. 10 Construction Debris. Waste building materials resulting from construction, remodeling, repair or demolition operations. Also earthen materials. 1. 11 Disposal Site. A refuse depository, physically located in the City or in close proximity thereto, including but not limited to the Landfill and other sanitary landfills, transfer stations, incinerators, and waste processing/separation centers licensed, permitted or approved to receive for processing or final disposal of refuse by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals. 1. 12 Garbage Containers. Portable cans or similar containers constructed of galvanized iron, tin or other substantial material, or plastic bags or cardboard boxes, designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top. The maximum capacity of a garbage container shall not slake\refusel.con(41692) -2- lob-3 FIELDING , BRRRETT TEL : 817-560-3953 Hpr 16 ,92 15 :54 No .010 P .04 exceed thirty-three (33) gallons and the total weight of a garbage container and its contents shall not exceed fifty (50) pounds. 1. 13 Hazardous Waste. Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or appropriate agency of the State to be "hazardous" as that term is defined by or pursuant Fnral or State Law. 1.14 Landfill. The real property site for disposal as described in paragraph 1. 11 above. 1. 15 Producer. An occupant of a residential or commercial unit who generates refuse. 1. 16 Recyclable Materials. Those commodities which are collected by Contractor pursuant to this Contract. 1.17 Refuse. Every accumulation of waste (vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains, or other animal or vegetable matter including, but not by way of limitation, used tin cans and other food containers; and all easily decomposable animal waste or vegetable matter which is likely to attract flies or rodents; and any waste material generated at a residential, commercial, industrial, institutional location, or construction site which must be disposed of to prevent the attraction of flies, rodents, scavengers, unnecessary odor or to prohibit unsightly accumulation of refuse or fire hazards. 1. 18 Residential Unit. A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four (4) families. A residential unit shall be defined when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of a single or multi-level construction, consisting of four or less continuous or separate single-family dwelling units, shall be treated as a residential unit, except that each mingle-family dwelling within any such residential unit shall be counted separately as a residential unit. 1. 19 Rubbish. All waste wood, wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, pulp and other products such as are used for packaging or wrapping, crockery, glass, ashes, cinders, floor sweepings, mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Construction Debris, or Hazardous Waste. slake\refusel.con(:1697) 3 FIELDING , BARRETT T E L o17-560-3955 Apr 16 ,92 15 :54 Nr .010 P .�_iS SECTION 2 SCOPE 0$ REFUSE COLLECTION WORK 2. 1 Disposal of Refuse. The Contractor agrees to dispose of, outside the corporate limits of the City, all brush, bulky items, and other refuse collected. All ve,�iicles used by the Contractor for the collection and transportation of such brush, bulky items, and other refuse shall be protected at all times while in transit to prevent leakage or the blowing or scattering of same onto the public streets of City or property adjacent thereto. 2 . 2 Frequency of Residential Collection. The Contractor shall collect all residential refuse in bundles, boxed bundles or garbage containers not less than two (2) times per week, with collections at least three (3) days apart. No collections shall be made on Sunday. Any missed pick-ups will be picked up by the Contractor on the same day if they are called in before 2:00 p.m. All refuse shall be placed at curbside for collection by 7:00 a.m. on the designated collection day. Curbside refers to that portion of right-of-way adjacent to paved or traveled City roadways. Containers shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, Containers shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Container not so placed. 2.3 Quantity. The Contractor shall be required to pick up all refuse and bulky wastes generated from a residential unit, provided that same is properly prepared, bagged, and stored for collection. Rubbish or bulky wastes not containerized (which can be lifted and loaded by two (2) employees in no more than five minutes) , and large items such as furniture, hot water heaters, refrigerators and other appliances, shall be collected by the Contractor within forty-eight (48) hours of receipt of a call from a residence. 2 .4 Residential Refuse - Where. Collections of refuse shall be made from the curb provided the containers are freely accessible, with the bottom at ground level or on a platform not more than three (3) feet above ground. Containers stored below ground surface will not be picked up. 2 . 5 Residential Refuse - How. The Contractor shall make collections with a minimum of noise and disturbance to the householder. This work shall be done in a sanitary manner. Any refuse or trash spilled by the collector shall be picked up immediately by the Contractor's employees. 2 . 6 Commercial Refuse. Every owner, agent, employee, or person otherwise in charge of any commercial, institutional, or industrial premises within the City (commercial customer) shall have a commercial container or containers of a size and frequency to insure the premises against flies, rodents, scavengers, unnecessary odor and to prohibit unsightly accumulation of refuse or fire hazards. Contractor agrees to make commercial containers of lOb- 5 slake v efusel.con(41692) .4- FIELDING , BARRETT TEL : 81 17 560-3953 Apr 16 ,92 15 :54 No-010 F .06 adequate size available upon request of any commercial premises within the corporate limits of City. The commercial containers provided by Contractor shall be equipped with suitable operable covers to prevent blowing or scattering of refuse, shall be maintained in good order, appearance,.* and in a sanitary condition, shall be of a uniform color or color scheme, and shall be clearly marked with the Contractor's name and telephone number. 2 .7 Dead Animals. The Contractor shall be required to remove all dead animals in the City within twenty-four (24) hours of notice by the City. 2 .8 ;special Br ugh Collection. The Contractor shall provide a specific transfer station, properly permitted, within the City for the deposit of brush by residential customers at no cost during normal working hours. The Contractor shall be responsible for the transportation and disposal of these materials in a proper landfill. 2.9 Tires, Batteries. Etc, The Contractor shall provide a specific transfer station, properly permitted, within the City for the deposit of oil, tires, batteries, and similar refuse customarily generated by residential customers. The Contractor shall be responsible for complying with all federal, state and local laws and regulations for the proper collection, transportation and disposal of these materials. A reasonable cost may be charged to customers for this service. The transfer station shall be open to customers during normal working hours. 2 . 10 ghristmas Tr=. During the Christmas season each year, the Contractor shall provide a specific site within the City for the deposit of Christmas trees by residential customers. The Contractor shall provide a chipper at such location at no cost for the purpose of chipping the Christmas trees. The Contractor shall be allowed one week to chip the trees. The chips shall be left on the site if so desired by the City. SECTION 3 SCOPE OF RECYCLING WORK 3 . 1 Residential Recycling. The Contractor agrees to furnish all personnel, labor, equipment, trucks, containers, and all other items necessary to provide residential recyclable materials collection and delivery services as provided herein. 3 . 2 collection Equipment. The Contractor shall provide an adequate number of specially designed vehicles for recycling collection services. All vehicles and other equipment shall be kept in good repair, appearance, and in a sanitary condition at all times. After notice from the City, the Contractor shall have thirty (30) days to correct any deficiencies in its collection vehicles. Each vehicle shall have clearly visible on each side the identity and telephone number of the Contractor and a slogan stating "Recycle Southlake. " 1Ob - �O s1nke%refu1;e1.con(41692) .g" Apr 16 9 15 54 NO .01i� P .u? FIELDING , BARRETT TEL : 817 -5�10_7c�J57 $ Y i nr� c'ontain Contractor shall provide at its sole 3 .3 container for each residential unit expense one (1) The recyc recycling ling container shall remain the property within the City. of the Contractor. If Contractor's services in recycling ed�g �rothe program are discontinued prior to five { ) Y ng service, the recycling containers steal initiation of the recycli be returned to the Contractor. Contractor will be responsible for the collection of these bins and .identifying which homes do not est For recycling containers which return recycling bins upon ragaa per bin will be are not returned to the Contractor, a charq The book value for calculated on a depreciated book value basis. a 6.00 each unreturned container shall line deprecalculated ciationzmethod$over initial cost value and the straightfive percent (25$) remaining i sixty (60) month life with a twenty- p salvage value. During the initia or destroyed,m of this c residents imay recycling container is lost, stolen purchase additional replacement containers from Contractor for six p 6.00) per container. However, there will be no charge dollars ($ art, of nd tear. for replacement of contaiberconstructed, oa a least Tina P gallons Recycling containers will recycled plastic and will be sixteen (16) to twenty (2e o in volume. Containers shall clearly state the names of the Contractor and the slogan "Recycle Southlake. " �clable Commodities. The Contractor shall collect and 3 .4 commodities: recycle the following s or other 1. Newspapers. No magazines, mail, paper bag paper will be collected. 2 • Glass bottles, Jars and containers. No mirrors, windows, or ceramics will be collected. 3 . Cans for food, beverages, soft drinks, beer, etc. No scrap metal will be collected. 4 . plastic H.D.P.E. and P.E.T. bottles. In the event that the market prices for any one or all of the above commodities drops to the point that such materials can no agree longer be sold or processed, the City and the Contractor may g to remove that commodity from th o!same items to be recycled and the Contractor will notify residents }�j 7. .+ q► ;.„ h ty{; �yJ�,<u <Ai1�jy�. :Y. a �i. M^C , ys��" x > � � x' • tRE r y, 3 .5 'won of Conta in°r ..... n the designated t ion. Each container shall be laced at curbside for collection by , .0o a.m. o placed day. FIELDING , BARRETT TEL : �1I _j.1.11 -1 A P 1 161'a? 15 54 f10 .016 P .0 3 . 6 Separated Commodities. It is the intent under this Contract for the Contractor to collect certain source separated commodities to be recycled by a sub-contractor who has experience in the business of processing and sale of commodities. The Contractor will not be required to collect commodities which are mixed with garbage, trash and rubbish normally collected by sanitation crews. The Contractor will notify the City of any such addresses where the residents are so commingling commodities and will notify the individual customer that such commodities are unacceptable for collection. 3 .7 Hauli All commodities hauled by the Contractor shall be so contained, tied or enclosed that leaking, spilling or blowing is prevented. 3 .8 Delivery. All commodities collected for delivery and sale by the Contractor shall be delivered to a Commodity buyer selected from time to time at the sole discretion of the Contractor. The charge for delivery to the commodity buyer shall be included in the rate for each residential unit serviced by the Contractor. 3 . 9 Notification. The Contractor shall notify all residences about complaint procedures, sorting, preparing for collection, regulations, and day(s) for scheduled recyclable materials collection. The contractor shall also inform the public of any condition and form required of materials to be collected. `ik:Y�k:i •,e.• ::f.;• se:,e';v, .k. .x.... .<.x .r :Kex x= r•k• �r " �x =• y. �:. � � r = •lac 7.'9_` .4W' ka•x�>} .w.k K;� k� x z . A i�a Mdy Nit- 5''L§fix �11 € x , ,..R'�.Ijyi�d? Myi'i{.iMw �.G �� d OR xs xc MYR+F. c k7 n !K r x ? r^{xrk' w zkx+s{• z e:{k•�{ s x a < s Ic• > �i7 � SiM1.7y � IM�-M � iRrJ. k �! 7. XkhM kF Sk >.u....x> x...k•......1•w......v. .... ....... ..w ... ...3:.X.. ..... ........ ........ v x—sCIZDIT tzY` )MA xI/ .rxY•A /i{ < Io.1. k x y � xW M.I Ea' fr41I S xx `�C' EI " , nyy"� ixx%••r ��1 « c� sth the a .......... te% x• � h:�Q�. , a.r..••x xr•v .Wrvx^:{^:r..r.x..a. .a...,.. 'gFSy x;::h.=y. ..y}=:<.x..x•=::•.Rx..; ...%y.:.�%;r<.hslF:}p.y�..t>.x..�.Y,M :V ..;krx .p��x�.n y�k>. �r lb ., w Mla M ♦x' p.. Mp•14k•{k�kL K+j<�?rik%t% M?� }� �{•�yt� cSp, y: ,]��f }� /�I��{ j� k..riw r�r7,ic x0� xx \rn=•=>A� � iii7li ox Iw pn i M, . •�M > xiM 3�I n..4 �k.�L?�a�•:�.�.cx.ax .1•.x..I..xx l�nu ;a ;oytha11 inc'luds q a ate K ........`. .... ....... ..... ..... ............. ..•..{..Sr•s..x .Fr:x d°x..e=.al.Rx x•Mx x>...{:v r...•{F..x Ax::•FYsS?xxr.Rt%? I . y& rj ifl 5,N •fl J ; d ib io �rw ' r 9rx toy Msnrnama `su�ra �a �'r©i , , mmxaia9r+ ,. 1bb- � stake\refue1.con(41692) '7- FIELDING , BARRETT TEL : 317-560-3953 Apr 16 ,92 15 •54 ado .010 P .0`a SECTION 4 SPECIAL PROVISIONS 4. 1 Nonexclusive Rights. The Contractor shall be free to engage in work as a private scavenger or hauler and to charge the public for services other than as pxovi4ed in this contract. Such scavenging or hauling by individuals on a non fee basis shall be permitted. 4 . 2 Spillage. The Contractor shall not be responsible for scattered refuse unless the same has been caused by his acts or those of any of its employees, in which case all scattered refuse shall be picked up immediately by the Contractor. A fork, push broom and a scoop type shovel shall be maintained on each truck for clean up activity. Contractor will not be required to clean up or collect loose refuse or spillage not caused by the acts of its employees, but shall report the location of such conditions to the City Manager so that proper notice can be given to the customer at the premises to properly contain such refuse. Commercial refuse spillage or excess refuse shall be picked up by Contractor after the customer reloads the containers. In the case of commercial customers, Contractor shall then be entitled to an extra collection charge for each reloading of a commercial container requiring an extra collection. Should such commercial spillage continue to occur, City shall require the commercial customer and Contractor to increase the frequency of collection of the commercial customers refuse or require the customer to utilize a commercial container with a larger capacity, and Contractor shall be compensated for such additional services. 4 . 3 yi cious Animals. Employees of the Contractor shall not be required to expose themselves to the dangers of vicious animals in order to accomplish refuse or recyclable materials collection in any case where the owner or tenants have animals at large, but the Contractor shall immediately notify the City, in writing, of such condition and of his inability to make collection. y , • x J.> % % Nt tx% k h°dk % A k. % k 0-0% errt ��r ,}Hn $z1L'i ipQ Rf:"TirB tw° sR k� �a ak << s s > s k a w•k. « , ; ,� M p x' k ek 1 w %F G" xt Rk,.:.. ��? $ 5� �rty �s.y}�. .. ..o-r> .. ...x,.> Ex f....... ...5.. .. . n ,..R. J` u>Y.N>rxokx.:"';!'•.?t'n 3�..xonmx .. s.,k' >4'M !.,`,. .i,: .1! 'y� .}y x� > s '..1V.i , f+'h• Ya 6H� ,A•g•.r7s�7 Mi Ygr4 `Sci�c• YM. _'1.i "" ".' A0.4 ykA �µY , atI UXt— x ' k p3M k'L x o etc k .1:14 �� ,�::.v...<...� r....... wv,v N..S.•Y, .Y.........:.1:..:�. � �.,M+l.v„N �... ..Y f.>.v7i i.! `M:Y:....... %vx9Y.K.`i!1.'..... 0.. SECTION 5 CONTRACTOR'S OPERATIONS 5. 1 Hours of--Operation. Collection of residential refuse or recyclable materials shall not start before 7:00 a.m. or continue after 6:00 p.m. on the same day. Exceptions to collection hours 10 b -°t a1ake\refu9e1.con(41692) 4- , FIELDI11G , BARRETT TEL : 311-560-3953 Apr 16 ,92 15 :54 No .010 P . 10 shall be effected only with the approval, in writing, of the City Manager. 5. 2 Routes of Collection. Residential collection routes shall be established according to current City Routes. The Contractor shall Submit a map designating the collection routes and proposed days of collection to the City for its approval. Contractor shall submit any change in the residential collection routes to the City Manager for approval. The Contractor may propose to the City changes in routes or days of collection. Upon the City Manager's approval of the proposed changes, the Contractor shall promptly give written or published notice to the affected residential units. 5. 3 Holidays. The following shall be holidays for purposes of this contract: Thanksgiving Day Christmas Day New Years Day Independence Day Contractor may decide to observe any or all of the above mentioned holidays by suspension of collection services for the holiday, but such decision in no manner relieves the Contractor of its obligation to provide refuse and recyclable materials collection service at residential units at least once per week. 5. 4 Complaints and Non-Performance. Service complaints shall be handled in the following order: 5. 4 . 1 S-ervice Complaints - Contractor. All service complaints shall initially be directed to the Contractor and shall be resolved within 24 hours; provided that a complaint received on a Saturday or the day preceding a holiday shall be resolved on the next working day. The Contractor shall supply copies of all complaints on a form approved by the City indicating the disposition of each complaint. The form shall indicate the day and hour on which the complaint was received and resolved. When a complaint is received on the day preceding a holiday or a weekend, it shall be resolved on the next working day. Failure to remedy the cause of the complaint shall be a breach of this Contract. 5.4 . 2 Service Complaints - City. The City shall notify the Contractor of each complaint reported to the City. It shall be the duty of the Contractor to take whatever steps necessary to remedy the cause of the complaint and notify the City of its disposition within 24 hours after receipt of the complaint. The City shall provide a list of complaints to the Contractor by phone not later than 4 : 30 p.m. each day. 5.4. 3 Damage - Private Property. The Contractor shall provide the City with a full explanation of the disposition of any complaint involving a customer's claim of damage to private property resulting from actions of Contractor's employees, agents, or sub- contractors. 10b - \b stakev efusel.Con(41692) .9- FIELDING , BARRETT TEL : 1 JtJ[I-JDSJ Apr 16 ,92 15 :54 Jlo .010 F . 11 5. 4 .4 complaint Procedures. The Contractor shall notify all customers about complaint procedures, rules and regulations, and day(s) of collection, procedures, etc. Notice is to be in the form of printed letters distributed by the Contractor to all premises served. 5. 5 Equipment. The Contractor shall provide equipment which meets or exceeds the following: 5. 5. 1 T R . The Contractor shall use only vehicles with bodies which are water tight to a depth of not less than eighteen (18) inches, with solid sides, using pneumatic tires. All equipment utilized by the Contractor shall be the latest and best equipment provided in the industry. 5. 5. 2 Amount. The Contractor shall provide sufficient equipment in a proper operating condition so regular schedules and routes of collection can be maintained. 5.5. 3 Condition. Equipment is to be maintained in a clean and safe working condition and shall be painted uniformly. No advertising shall be permitted on vehicles. Vehicles must have contractors name and phone numbers in letters and numbers legible from 150 feet. The City shall have the right to inspect all equipment and may require the Contractor not to use a piece of equipment for good and reasonable cause. 5. 5. 4 protection from Scattering. Each vehicle shall be equipped with a cover, which may be net with mesh not greater than one and one-half (1 1/2) inches, or tarpaulin, or fully enclosed metal top to prevent leakage, blowing or scattering of refuse onto public or private property. Such cover shall be kept in good order and used to cover the load going to and from the landfill, and during loading operations or when parked if contents are likely to be scattered. Vehicles shall not be overloaded so as to scatter refuse; however, if refuse is scattered from Contractor's vehicle for any reason, it shall be picked up immediately. Each vehicle shall be equipped with a fork, broom and shovel for this purpose. 5. 5.5 Miscellaneous. Vehicles are to be washed on the inside and sanitized with a suitable disinfectant and deodorant once a month. Also, they shall be washed and painted or repainted as often as necessary to keep them in a neat and sanitary condition. The Contractor's vehicles are not to interfere unduly with vehicular or pedestrian traffic, and vehicles are not to be left standing on streets unattended except as made necessary by loading operations. 5. 6 office. Contractor agrees, at its own expense, to keep an office open in the mid-cities area and provide a telephone answering service from 8: 00 a.m. to 5:00 p.m. , Monday through Friday, excluding legal holidays, for the purpose of handling complaints and other calls regarding refuse collection service. \O FIELDING , BARRETT TEL : 81I -56ii-3953 Apr 16 ,92 15 54 P1o .010 F . 1= The Contractor shall keep competent personnel in the office during the time the office is required to be open to the public and the office personnel shall have authority to represent the Contractor in its relations with the City and the public. The Contractor shall also provide the City a telephone number by which the Contractor can be contacted for after hours emergencies. The Contractor shall keep and maintain in the office a daily log of all the service calls which shall show the nature of the call, complaint or communication. The City shall have the right to inspect the daily log at any reasonable time. Throughout the term of this Contract, Contractor shall establish and maintain an authorized Managing Agent and shall designate in writing to the City Manager the name, telephone number, and address of such agent to whom all notices may be served by the City or complaints received from citizens of the City. Service upon the Contractor's agent shall always constitute service upon the Contractor. Contractor agrees to secure an annual listing in the Fort Worth telephone directory under the name by which it conducts business in the community. 5.7 Disposal of Refuse. It shall be the responsibility of the Contractor to dispose of the refuse he collects according to City, County, State, and Federal regulations at his own expense. 5.8 Hazard us Weather. The City may cancel a portion of or all of a scheduled service day due to hazardous weather condition, provided that such cancellation shall not relieve the Contractor of its obligation to provide collection service at residential units at least once per week. 5.9 Records. The City shall have the right to review the books and records kept incident to the operation of Contractor's business within the City. All information so obtained shall be confidential and shall not be released by the City unless expressly authorized in writing by the Contractor. SECTION 6 CONTRACTOR'S RRLATION TO CITY 6. 1 Contractor as Independent C4nt actor. It is expressly agreed and understood that the Contractor is in all respects an independent Contractor as to the work, licenses, or privileges granted herein, notwithstanding the Contractor is bound to follow the direction of designated City officials, and that the Contractor is in no respect an officer, agent, servant or employee of the City. This contract specifies the work to be done by the Contractor, but the method to be employed to accomplish this work shall be the responsibility of the Contractor, unless otherwise provided in this contract. It is further expressly understood and agreed that the City has no control over or right to control the collection, transportation or disposal of solid waste by the Contractor or where or how such solid waste is disposed of. It is further understood and agreed that Contractor shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and \O b - V2� vluk �tc( rn'1.rnnrGih97, -11- FIELDING , BARRETT TEL : 817-56o-3953 Apr 16 ,92 15 :54 No .010 P . 13 invitees; that the doctrine of respondeat superior shall not apply as between City and Contractor; and that nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. 6.2 Subletting Contract. This contract, or any portion thereof, shall not be sublet or assigned except with the prior written consent of the City Council, which consent will not be unreasonably withheld. No such consent will be construed as making the City a party of or to such subcontract, or subjecting the City to liability of any kind to any subcontractor. No subletting or assignment shall, under any circumstances, relieve the Contractor of his liability and obligation under this contract, and despite any such subletting, the City shall deal through the Contractor. Subcontractors will be dealt with as workers and representatives of the Contractor, and as such shall be subject to the same requirements as to character and competence as are other employees of the Contractor. 6. 3 City Manager to be Referee. To prevent misunderstanding and litigation, the City Manager shall decide any and all questions which may arise concerning the quality and acceptability of the work and services performed, the sufficiency of performance, the interpretation of the contract provisions, and the acceptable fulfillment of the contract on the part of the Contractor; and the City Manager will determine whether or not the amount, quantity, character and quality of the work performed is satisfactory. The City Manager shall make such explanation as may be necessary to complete, explain, or make definite the provisions of this contract and the findings and conclusions shall be final and binding on both parties, If at any time during the life of this Contract, performance of the Contractor does not meet the standards of the Contract, the Contractor, upon notification by the City, shall increase the forces, tools, or equipment as needed to properly perform the Contract. The failure of the City to give such notification shall not relieve the Contractor of the obligation to perform the work at the time and in the manner specified by this Contract. Contractor and City agree that the City Manager will be the final authority for the approval of charges for any service not contemplated by this Contract and for the disposition of any dispute regarding performance between the City, Contractor, and any customer. 6.4 Inspection of Work. The Contractor shall furnish the City Manager or his authorized representative with every reasonable opportunity for ascertaining whether or not the work as performed is in accordance with the requirements of this contract. The City Manager may appoint qualified persons to inspect the Contractor's operation and equipment at any reasonable time, and the Contractor shall allow authorized representatives of the City to make such inspections. 6. 5 Liaison. The Contractor shall designate, in writing, the person to serve as agent and liaison between his organization and the City. ■take\refusei.con(41692) .12. FIELDING , BARRETT TEL 171 -560-3953 Apr 16 ,92 15 :54 No .010 P . 14 6. 6 Taxes. The Contractor shall pay all Federal, State and local taxes including sales tax, social security, worker's compensation, unemployment insurance, ad valorem, and other required taxes which may be chargeable against labor, material, equipment, real estate and other items necessary to and in-.performance of this contract. 6.7 City Not Liable for Delays. It is expressly understood and agreed that in no event shall the City be liable or responsible to the Contractor or to any other person for any stoppage or delay in the work herein provided for, by injunction or other legal or equitable proceedings brought against the Contractor, or from or on account of any delay from any cause over which the City has no control. 6.8 Licenses. Permits, and Fees. Contractor agrees to obtain and pay for all licenses, permits, certificates, inspections, and other fees required by law or otherwise necessary to perform the services prescribed hereunder. Contractor shall also pay, at his own expense, all disposal fees associated with the collection, removal, and disposal of refuse. 6. 9 Performance Bond. Contractor agrees that upon the execution of this contract and before beginning work, it shall make, execute, and deliver to the City a good and sufficient surety bond in a form acceptable to City to secure the faithful performance of the terms and conditions herein. Such bond shall be in the amount of $100, 000. 00 and signed by the President of the Contractor, together with the signature of the Corporate Secretary and the Corporate Seal. The surety shall be a surety company duly authorized to do business in the State of Texas and approved by the City. 6. 10 Term of Contract. The term of this contract shall be for a period of three (3) years beginning May 1, 1992 and ending April 30, 1995. 6. 11 Renewal . Unless either party notifies the other of its election to terminate as hereinafter provided, this contract shall be automatically renewed under the same terms and conditions for an additional three (3) year period. No later than one hundred and twenty (120) days prior to the termination date, Contractor shall notify City of its election to terminate this Agreement or conversely, its election to renew this Agreement for another three (3) year period. Should Contractor elect to terminate, then this Agreement shall terminate and end on the termination date. In the event that Contractor fails to provide the City with any notice of renewal or termination no later than one hundred and twenty (120) days from the end of the term, then in such instance, such failure of notice shall be construed and understood as an election by the Contractor to renew the contract for an additional three (3) year period. Should the Contractor either elect or be deemed to have elected to renew this contract, the City shall then notify the Contractor no less than thirty (30) days from the and of the contract term of the City's election to terminate this contract should the City so elect. Should the City fail to so notify \ o \0 \� slake\refusei.con(41692) .13- FIELDING , 8HRRETT TEL : 817-560-3953 Apr 16 ,92 15 :54 Ho .010 F . 15 Contractor no less than said thirty (30) days from the end of the contract term, then this contract shall be automatically renewed under the same terms and conditions for an additional three (3) year period. Should the City elect to terminate, then this contract shall terminate and end on the termination date. All notices shall be in writing and sent by certified mail, return receipt requested, to the parties at the addresses provided in Section 11. 6 hereof. 6. 12 Extension of Contract. At the expiration of this contract, the City may, at its option, extend this contract from month to month, for a period not to exceed six (6) months, upon the same terms, conditions and contract amounts as specified in this contract, provided that the City Manager gives the Contractor notice of such extension in writing not later than thirty (30) days prior to the expiration of this contract. 6. 13 Breach of Contract. It shall be the duty of the City Manager and any officials of the City which he may designate to observe closely the refuse collection, disposal, recycling and salvage operations and if, in the opinion of the City Manager there has been a breach of contract, the City shall notify the Contractor, in writing, specifying the manner in which there has been a breach of contract. If within a period of seven (7) days, the Contractor has not eliminated the conditions considered to be a breach of contract, the City Manager shall so notify the City Council and a hearing shall be set for a date within twenty (20) days of such notice. At that time, the City Council shall hear the Contractor and the city representatives and make a determination as to whether or not there has been a breach of contract, and direct what further action shall be taken by the City, or the Contractor, as hereinafter provided. 6. 14 Cancellation or Annulment of Contract. If the Contractor fails to begin work at the time specified, or fails to perform the work with sufficient number of workers and sufficient and adequate equipment to insure the proper and substantial performance of said refuse and recyclable materials collection work, or performs unsuitable work, or discontinues the prosecution of the work or any portion thereof, or for any other cause whatsoever, excepting only Acts of God, does not carry on the work as aforesaid, or if the Contractor becomes insolvent or declarers bankruptcy or commits any act of bankruptcy or insolvency, or allows any final judgment for the payment of money to stand against him unsatisfied, and if the City through its City Manager gives notice of such default, and the Contractor fails to rectify such default within two (2) days after the giving of such notice by the City, then the City may thereupon by action of the City Council declare the contract cancelled. Such cancellation of the contract shall not relieve the Contractor of liability for failure to faithfully perform this contract, and in case the expense incurred by services provided for in said contract shall exceed the sum which would have been payable under the contract, in addition to the amount of the Performance Bond, then Contractor shall be liable to the City in the amount of any such O b - \S slake\refusel.con(41692) -14- FIELDING , BARRETT TEL : 817-560-3953 Apr 16 ,92 15 :54 No .010 P . 10 expense in excess of the per unit contract price and the Performance Bond. If the City should cancel or annul this contract under the foregoing provisions, then the City may, at its option, purchase all trucks, machinery, equipment and tools used regularly by the Contractor in the performance of this contract and shall pay the Contractor the appraised value thereof as of the time of such revocation and cancellation. Such appraised value shall be determined by a board of three (3) appraisers as follows: one appraiser shall be named by the Contractor, one appraiser shall be named by the City, and the two appraisers so named together shall name a disinterested person as the third appraiser. Such Board of Appraisers shall within thirty (30) days after their appointment, appraise such property and make a sworn statement showing their findings as to its value, furnishing a copy of such statement to the City and another copy to the Contractor. r.xv:,•. �j'�+i u.:Q$u:�..{{'1y?i6 %.SwMk6 a,{,.,��roK,x •fe a � �x.r�ili{i �iunx. Ui«'iw SECTION 9 QUALITY OF SERVICE 7. 1 Character, of Workers and Eau .pn&nt. The direction and supervision of refuse collection and disposal, recyclable materials collection and disposal and salvage operations shall be by competent, qualified and sober personnel, and the Contractor shall devote sufficient personnel, time and attention to the direction of the operation to assure performance satisfactory to the City. All subcontractors, superintendents, foremen and workers employed by the Contractor shall be careful and competent. Any employee of the Contractor who misconducts himself or is incompetent or negligent in the due and proper performance of his duty, or is disorderly, dishonest, drunk or grossly discourteous, shall be scheduled for a joint hearing upon receipt by the Contractor of a written request from the City Manager. The City shall specify reasons for the request. If warranted by the City Manager, such employee shall not be assigned by the Contractor to the City. 7 .2 oo t o contractor i The Contractor shall cooperate with authorized personnel and representatives of the City in every reasonable way in order to facilitate the progress of the work contemplated under this contract. Contractor shall have at all times a competent and reliable representative available authorized to receive orders and act on behalf of Contractor. 7.2. 1 Contractors Employ. The Contractor shall assure that Contractor's employees serve the public in a courteous, helpful and impartial manner. 7 . 2 .2 Hand l of Private Pronerty - Contractor's Employees. Contractor's employees collecting refuse or recyclable materials will be required to follow the regular walk for pedestrians while \O b- 1( FIELDING , BARRETT TEL : 817-560-3953 Apr 16 ,92 15 :54 No .010 P . 17 on private property. Care shall be taken to prevent damage to property including shrubs, flowers and other plants. SECTION I WORKING CONDITIONS s. 1 Employee Protection. The Contractor shall comply with all applicable State and Federal laws relating to wages, hours, and all other applicable laws relating to the employment or protection of employees, or hereafter in effect. 8.2 Emp ovees Salary - Contractor. The Contractor is required and hereby agrees by acceptance of this contract to pay all employees not less than Federal minimum wage and to abide by other requirements as established by the Fair Labor Standards Act, if applicable. 8. 3 Lws and Regu ations. The Contractor hereby agrees to abide with all applicable Federal, State, County and City laws and regulations applicable to the collection, transportation or disposal of solid waste or the operations of Contractor under this contract. Any operations or activities of Contractor which are not in strict compliance with EPA guidelines are outside the terms of this contract and shall be considered to be a breach of this contract. The Contractor shall indemnify and save harmless the City, all of its officers, representatives, agents and employees against any claim or liability arising from or based on the violation of any such laws, regulations, ordinances, order or decree, whether by Contractor, its officers, agents, servants, employees, licensees, invitees, or subcontractors. SECTION 9 INSURANCE AND INDEMNIFICATION 9. 1 Minimum Insurance Coverage. The Contractor at its own expense shall purchase, maintain and keep in force insurance as will protect him from claims, whether these claims arise as a result of the operations of Contractor, any subcontractor or by anyone for whose acts the Contractor may be liable. Minimum coverage shall be established as of commencement date for this contract in the following amounts: „Coverages Limits f Liability Worker's Compensation Statutory Employer's Liability $100,000 Bodily Injury Liability $500, 000 each occurrence Except Automobile $1, 000, 00o aggregate Automobile Bodily Injury $500,000 each person Liability 1 C� FIELDING , BARRETT TEL : 811-560-3953 Apr 16 ,92 15 :54 Nu .010 P . 18 Automobile Property Damage $500,000 each occurrence Liability Property Damage Liability $500, 000 each occurrence Except Automobile $500,000 aggregate Excess Umbrella Liability $5,000, 000 each occurrence Liability for Wrongful $51000,000 each occurrence Collection, Transportation or Disposal of Solid Waste Further, any insurance coverages which are required by statute which are not expressly stated herein shall be maintained in accordance with statutory requirements. 9. 2 tifi-cate of Insurance. Before commencing any of the work under this contract, Contractor shall file with the City valid Certificates of Insurance acceptable to the City. Such certificates shall contain a provision that states coverages afforded under the policies will not be cancelled until at least thirty (30) days prior written notice has been given to the City. The Contractor shall also file with the City valid Certificates of Insurance covering all subcontractors. The failure by Contractor to keep in full force and effect any insurance required by this contract shall be deemed a breach of this contract. Insurance coverage specified herein Constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of Contractor under the terms of this Contract. Contractor shall procure and maintain, at its sole cost and expense, any additional kinds and amounts of insurance that in its own judgment may be necessary for proper protection in the prosecution of its work. 9. 3 Ind mnification. Contractor assumes all liability and responsibility for and hereby covenants and agrees to fully indemnify, hold harmless, and defend City, its officers, agents, servants, and employees, from and against any and all claims, demands, suits, judgments, assessments, costs, and expenses (including attorneys' fees) for property damage or loss and/or personal injury, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with the performance, attempted performance, or non-performance of the work and services described hereunder or in any way resulting from or arising out of the collection, transportation, and disposal of solid waste or refuse under this contract, including the work, services, operations, and legal duties of Contractor, its officers, agents, servants, employees, subcontractors, licensees, or invitees, if any. Contractor shall likewise assume all responsibility and liability for and shall indemnify and hold harmless the City for any and all injury or damage to City property arising out of or in connection with any and all acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, licensees, or invitees, \O �o - k% FIELDING , BARRETT TEL : 817-560-3953 Apr 16 ,92 15 :54 No .010 P . 19 including attorneys' fees expended by City in any suit or claim against Contractor for same. SECTION 10 FEES 10. 1 Charges. The Contractor is authorized to collect the various kinds of refuse and commodities as defined herein and charge for such service a Monthly Customer Service Charge and such other rates set forth on Exhibit A attached hereto and incorporated herein for all purposes. The rates will be binding and considered a part of this contract. 10.2 percentage Fee. The Contractor shall pay to City ten percent (10%) of the gross collections from all residential refuse and recycling collections and two percent (2%) of the gross collections from all commercial refuse collection performed within the City, including regular collections and collections from extra hauls. 10. 3 Billing & Collection - City. The City will serve as billing and collection agent for residential billings. Commercial billings will be done by the Contractor. 10.4 payment to the City. The Contractor will pay the commercial percentage fee to the City on or about the 15th of each month. 10.5 payment to Contractor. The City will pay the Contractor his portion of the monies billed for residential collection, less the retainage on or about the 15th of each month. 10.6 Reports of Operations. The City shall submit to the Contractor a written report showing the number of complaints received during the preceding calendar month, a list of parties billed for collection, and the amounts billed by the 15th of each month. 10.7 Modification of gates. At any time during the term of this Agreement, the Contractor may, at its option, submit a request in writing for an adjustment in the established consideration for refuse or recyclable materials collection and disposal service. The Contractor shall furnish evidence as to the need for such adjustment, and the City Council, upon investigation and consideration of the circumstances surrounding the request, may approve or disapprove such request, having due regard for such other factors as the City may deem relevant. The Contractor shall, upon request of the City timely made, furnish all data to it bearing on the requested adjustment in consideration. Nothing contained herein shall restrict in any way the City's full exercise of discretion in setting charges for refuse collection and disposal services to any premises in the corporate limits of the City of Southlake. SECTION 11 WORKING POLICXXS slake%refusei.con(41692) -ls- \ �� b - FIELDING , BARRETT TEL : 817-560-3953 Apr 16 ,92 15 :54 No .010 P .20 11. 1 Commencement of Work. The Contractor must commence operations on the date and year agreed by the City. 11. 2 Assignment of Contract and Disposal of Property. The Contractor shall not assign this contract without the consent of the City, nor dispose of property used in the refuse and recycling collection and disposal operations without immediately substituting additional property. 11. 3 Operations During Dispute. In the event the City Council shall find that the Contractor has failed, or is failing to perform obligations under this contract, it shall be the duty of the City Council to enter into a formal finding of that fact upon the minutes and send a certified copy of such finding by registered or certified mail to the Contractor, or have same delivered to the Contractor personally. In such event, the Contractor agrees that the City shall thereupon be entitled to take over all operations under this contract, and the Contractor shall cooperate to the extent necessary to enable the City to do so. The Contractor expressly recognizes the paramount right and duty of the City to provide adequate refuse and trash collections as necessary governmental functions, and further agrees, in consideration for the execution of this contract, that in the event the City shall invoke the provisions of this section the Contractor will not seek injunctive relief in any court but will either negotiate with the City for an adjustment on the matters in dispute, or present the matter to a court of competent jurisdiction in an appropriate suit therefore instituted by the Contractor or by the City. 11.4 City ordinances Nothing contained in any ordinance of the City now in effect or hereafter adopted pertaining to the collection of refuse may in any way be construed to affect, change, modify, or otherwise alter the duties, responsibilities and operation of the Contractor in the performance of the terms of this contract. It is the intention hereof that the Contractor be required to perform strictly the terms of this contract regardless of the effect or interpretation of any municipal ordinances which in any way relate to refuse. 11.5 Amendments'. Amendments which are consistent with the purposes of this contrac may be made with the mutual consent of the parties and in accordance with the City Charter and other applicable laws and ordinances. 11. 6 Notices. All notices required to be sent pursuant to this contract shall be by U.S. Mail, Certified Return Receipt Requested, to the following individuals at the address noted: If to City: city of southlake 667 N. Carroll Avenue Southlake, Texas 76092 Attention: City Manager FIELDING , BARRETT TEL : 817-560-3953 Apr 16 ,92 15 :54 No .010 P .21 If to Contractor: Lakeside Sanitation, Inc. ` 3355 Raider Drive Hurst, Texas 76053 Attention: J. R. Hubbard 11.7 Venue. Should any action, whether real or asserted, at law or in equity, arise out of the terms and conditions of this contract, venue for said action shall be in Tarrant County, Texas. 11.8 Governmental Powers. It is understood and agreed that by execution of this Contract, City does not waive or surrender any of its governmental powers. EXECUTED this day of , 19�, in Tarrant County, Texas. CITY OF SOUTHLAKE By: Curtis Hawk, City Manager ATTEST: City Secretary LAKESIDE SANITATION, INC. By: Curt s McCaff ty, President ATTEST: Corporate Secretary EXHIBIT "A" RESIDENTIAL RATES Residential collection, disposal and recycling rate is $8. 45 per month per residence. COMMERCIAL RATES (Commercial collection and disposal rates) 2 Yard Container Regular Open Top 1XWK $ 33 .70/MTH EXTRA DUMP $14 . 60 Delivery Fee $ 50. 60 2XWK 52 .80/MTH Dump Fee 161.80 3XWK 71.90/MTH Rent 9. 00 per day, 4XWK 91. 00/MTH max. 139.20 per month 5XWK 110.00/MTH P/U check for 161.80 each dump 6XWK 129. 10/MTH Construction Rates Front Loaders 3 Yard Container 3Yard 28. 10 Del. 28 . 10 Dump 2. 30/Day 1XWK $ 41. 60/MTH EXTRA DUMP $14. 60 6Yard 39. 30 Del. 39 .30 Dump 2.30/Day 2XWK 69 . 60/MTH 3XWK 97 .70/MTH 4XWK 125. 80/MTH Regular Closed Packer 5XWK 153 . 80/MTH $225. 65 per Dump 6XWK 181.90/MTH 4 Yard Container 1XWK $ 50. 60 MTH EXTRA DUMP $16.90 2XWK 84 . 20/MTH 3XWK 117 .90/MTH 4XWK 151. 60/MTH 5XWK 185. 20/MTH 6XWK 218 . 90/MTH 6 Yard Container 1XWK $ 69 . 60/MTH EXTRA DUMP $16. 90 2XWK 112 . 30/MTH 3XWK 157 . 20/MTH 4XWK 202 . 10/MTH 5XWK 247 . 00/MTH 6XWK 292 . 00/MTH 8 Yard Container 1XWK $ 87. 30/MTH EXTRA DUMP $16. 90 2XWK 143 .70/MTH 3XWK 199. 80/MTH 4XWK 256.00/MTH 5XWK 313 . 10/MTH 6XWK 368 . 20/MTH ALL CHARGES ARE BEFORE TAX wpfileslmemosiwast agr.esh \ c b City of Southlake,Texas CITY MANAGER qi:9M E M O R A N D U MCE 5` f APRIL 15, 1992 � I TO: Curtis E. Hawk, City Manager FROM: Greg Last, City Planner SUBJECT: Variance to Subdivision Ordinance, Section 5.01-H-1 Driveway Access to arterial (Continental) Lot 5, Block 3, Continental Park Estates (Murawski) f I i Attached is a letter dated 4/14/92 from Alan Murawski requesting that the City Council approve a variance to the referenced section, thereby allowing him drive access off of Continental Boulevard. Although his letter references Section 8 .01-C, the section limiting the driveway access is 5 . 01-H-1 . I have attached copies of the following sections for your convenience: 5 . 01-H-1: Describes limitations for driveway access . 8 . 01-C: Referenced by Mr Murawski . ,,,. 9 . 01-A: Language allowing Council to grant a Variance to this requirement. Please place this on the next available City Council agenda for their consideration. GL/gh �I I I I i DoamW: COOM.FUR FOLDER: PLANNER I Mr & Mrs Alan M. Murawski 1206 Oakhurst Court Southlake TX 76092 Tel 817 488-5584 Mr Curtis Hawk, City Manager City of Southlake 667 N. Carroll Avenue Southlake TX 76092 Subject: Request for Variation to Lotting Requirement, Ordinance 483-A Dear Mr. Hawk, In accordance with the recommendations of your staff, we herewith submit our request for permission to access our rear yard from Continental Boulevard in order to store personal recreational vehicles. The Subdivision Ordinance (483-A) prohibits platting of double-fronted lots in residenerelislnoraccessbfromethetl t totthe arterialdstreet.an(ArterVIIIStSect when th 8.01 .C) A modification or variation to this provision may be approved by the City Council where it finds that compliance causes unusual hardship or extraordinary difficulties due to unique conditions of access, location, shape, size or other physical features of the site, provided that the public interest is protected and the development (or variation) is in keeping with the general spirit and intent of the ordinance. (Art. IX, Sect.9.0l .A) We appeal to the Council for variation to the ordinance to permit limited access to an arterial street from Lot 5, Block 3, Continental Park Estates (1206 Oakhurst Court) . Our appeal is based on an unusual hardship and extraordinary difficulty associated with physical features of the property, namely a very small lot frontage (approximately 50 feet) caused by its siting on a relatively small- radius cul-de-sac (50' vs. city standard 60' ) . We wish to park our recreational vehicles in our rear yard in order to comply with Zoning Ordinance 480-D, which requires such equipment to be wholly contained in an approved garage or carport, or to be parked or stored behind the nearest portion of our home to the adjacent street. Getting to our rear yard is the difficulty, and getting to it from our narrow front yard would cause hardship to us and be contrary to the best interests of our neighbors. Our problem is that we are a 5-vehicle family with a 2-car garage. The problem is increased by the small radius of our cul-de-sac, which does not permit adequate parallel parking at the curb for us or our neighbors. I F } APR We have considered an additional driveway from the front curb to the rear yard, and a detached garage. It would be a Beverly burdensome expense which would not significantly improve the property's value. More importantly to the community, we also believe the extra curb cut and pavement through our side yard would be extremely detrimental to the appearance and market value of our home; the whole front yard would appear to be full of concrete. And to do this would also affect our neighbors, who also have a 50' frontage lot and a similarly small side yard. Our use of the rear-yard access would be for occasional movement of our recreational vehicles and incidental utility uses, normally during non-peak traffic hours. We would maintain the required sight triangle for egress, which includes relocation of our existing fence within our rear-yard property line. The attached sketch may be useful in illustrating the problem. Thank you for your courtesy and help. Alan Murawski 1 Atch: Sketch, 1206 Oakhurst Ct Cys: Mr Last Mrs Gandy Mr Roberts Dyk"W (Unbudt) (Unbuilt) NOT TO SCALE .......... UPI NO, f i Construction and maintenance of these private ways will be the responsibility of the developer and/or subsequent owners. All private streets shall conform in design, width and construction, including the R.O.W. thereof, with all require- ments for public streets as controlled by this and other ordinances of the City. Additionally, all areas designated J for private streets or other access ways shall also be designated as Public Drainage and Utility Easements. G. Alleys: Alleys shall not be allowed unless specifically approved by the Council. S.01 H. Limitations on Driveway Access: JI. Access Prohibited: To minimize traffic hazards created by numerous intersections along major thoroughfares, where a residential subdivision will abut on or contain an existing or proposed arterial street, the plan shall be designed so that direct vehicular access from any residential lot to such arterial street is prohibited. Where other means of access are not available or permit- ted, alleys or private easements for access shall be provided when specifically approved by the Council . The street system should be designed to allow a minimum individual access drives to collector streets. OOM.lr --MMOMMW qMMMMMMM� MMMMMUM. .MMMMMMf OMMOMMEMb � 2 . High Density Residential Access: For the benefit of IL traffic safety in areas of higher density residential development, high density residential subdivisions shall be designed to provide rear entry access from a private access easement where the characteristics of the Darticular subdivision render such access appropriate for the benefit of the public health, safety and welfare. 3 . Plat Requirement: The following note may be required on the face of any plat intended to be filed in the County Plat Records . ,No lot within this addition shall be allowed driveway access onto Street" Section 5 . 02 Riaht-Of-Way Reauirements: .� A. Street right-of-way shall be as shown in the Thoroughfare Plan, and where not shown therein, shall be not less than the following: 5-2 "ARTICLE ?III MISCELLANEOUS REQUIREMENTS Section 8 .01 Lotting Reauirements: r=,^"' A. Every lot shall but on a public street or a private street. B. All lots, regardless of zoning or whether or not zoned, that are not served by a public or quasi- public community sewer system, shal tseptic minimum area of one acre to support a private tank and leach field. Commercial or Industrial loos may be allowed a smaller lot size upon app ovalthe proposed sewage treatment system by the D r the of Public Works. A subdivision may, at discretion of the Commission, be deemed to be served by a public sewer system if a Developer e Agreement has been executed with the City outlining provisions for extending public sewer service to the development and providing for payment by development of all required approach main, connection and impact fees necessary to acquire the service. C, Double fronted residential lots shall not be allowed. However, lots which are backed up to an aesa street allowed from be hesellowed lots toethere the arterial acccces street. - _ D. All lot lines shall be perpendicular to the R.O.W. lines or radial in the case of a cul-de-sac or curvilinear design. E. A row or tier or lots having a minimum lot width of 125 feet at the rear property line shall be provided. adjacent to any property andcontains d or lots of one eacre plat residential or larger. F. A row or tier of lots having a minimum lot width of 125 feet at the rear property line shall be required adjacent to any property shown on the approved City Land Use Plan to be designated for lots of one acre or larger in. size. G. Buffer lots. A minimum 30, 006 square foot lots } shall be required on all lots adjacent to platted property zoned SF-1 or RE. slake\subdva^d.ard ARTICLE IX MISCELLANEOUS PROVISIONSNEW Sect a - n�. ModificatinTe and Variations: that iance A. Compliance: where the Cause unusualil f hardship or l xtraordih these regulations would cam a conditions . nary difficulties because of exceptional ad o=1 other physical I • of access, location, shape, size, drainage, features of the site, the requirements may be modified to rovided that the public interest is mitigate the hardship, p with the general protected and the development is in keeping -- ispirit and intent of this ordinance. � �..' �� interpreted to permit the 1. This section shall not be interp unsuitable for j development of land which is inherently 1 the use proposed. r 2 . Any modification will ontoaothere landcin the preventing in 1 the orderly subdivisi accordance with the provisions of this ordinance. the i B. Discretion of Council: A ireeents of thdiscretioniso ordinance f the council, may also E normal standards and requ such case of a Planned Unit Development. be modified in the when departures from the standards specified may be made only plan provides for convenience and the Council finds that the p safe access, adequate space for recreation, and provision for light and air, and offers all essential andlistinsconformance and necessary public and ocher facilities -� with all provisions of the City Code which specifically apply to Planned Unit Development. Section 9 . 02 Viola--ions: person, A. Fines: Any 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. The above penalty shall not apply violation in the City' s extraterritorial to a 000. 00) jurisdiction. Two Thousand Dollars and No public for all violations affecting involving health and sanitation and Fitions. Each day thared Dollars t a violation _ ($500 .00) for all other viola is permitted to exist shall constitute a separate offense. vio- g, Injunctions: The City shall have the right to institute an action in a court i competent within urisdiction to nit, s munijoin the cip- lation of any provision jurisdiction, and al boundary or within its extraterritorial law 9-1 • i i L.a. ac , s.&ac re of t seas• f � i n : in !.e r 4 �1AC tsl ~ t 'Y5o5 �-1 • a 7 _ _ n OmjN'ET 1 w 7 s s 2 — j s w fu n I s i n ac 1 t a: �.. a EY• fa 1 1 • a '1 . u . �� 1 =� 1 .w AC 1 w Le 1 w s _ � w.A•. ( ) s ' w W..a.tee 1 ✓ •.a Ac 1-- w &A 1 1 w • . _ _ _ _ _-•_•c '•` ( .: f LOT u : as IL s o .sQ •a • ILIA ft f tt . Q y Oft to up g� f 2r >• � F+ � T a ,� u !7 • >• • !f 1 to C ~ 24 is U.175 AC ( leaf lea x Y 9 ti0� a ` wI i ( pK .y rlll—� — 1 aILS.W AC # f AC ( g c. N N StJAJFy i ' f a � p- , 1 . s ' •' n.M MAX"oat. > J IL O ILL 5 � M •- � a i:: � f 1'Elii OOQ !. m i T9ELI rA'r"�W ► , l.ea � • AM J ♦ K , , A - 9�•1 �,T ?f a g 7 1 • w a Sp9 �' !• � - g -3.40 AC 3 .• �! tfq ��sie as 1 — ; lc �c as � t / u fw YIL st 7a 77 s.ss tD ! City of Southlake,Texas CITY MANAGE M E M O RAN D U M April 16, 1992 TO: Curtis Hawk, City Manager FROM: Chris Terry, Asst. to the City Manager SUBJECT: NETC ARTS COUNCIL SUMMER PROGRAM RECONNENDATION ------------------------------------------------------------------ The Park and Recreation Board unanimously moved at their April 13 meeting to approve a recommendation to the City Council for implementation of the Northeast Tarrant County Arts Council's proposal for a "Summer Arts Camp - ArtsReach Southlake. " This four-week camp would be held July 6-31 at the Bicentennial Park Lodge building. The camp will be coordinated by Ms. Sandra Eddy of the NETC Arts Council. Ms . Stacia Morgan will be the camp instructor. The Arts Council regularly sponsors this summer camp which focuses on various historical, scientific, and cultural themes . This year's program is entitled "Christopher Columbus ' Times and Travels" in observance of the 500th anniversary of Columbus' voyage to the Americas. A tentative schedule of typical activities include: 9 - 10: 15 a.m. Science of Discovery 10: 15 - 10:30 a.m. Rest Period, Outside Snack & Break 10:30 - 11:45 a.m. Columbus' Crafts and Cultures 11:45 - 12:00 noon Rest Period and Cleanup The camp is arranged for children ages 7-12 . The camp would be held on Tuesdays and Thursdays 9 a.m. - 12 noon. This time schedule would not interfere with regularly scheduled Lions Club meetings which conclude at 9:00 a.m. each Thursday. Ms. Morgan plans to begin the day with an outdoor activity that will permit the Lions Club to vacate before indoor camp activities begin. Proposed charges for the camp include a $46 .00 registration fee and a $15.00 fee for camp supplies . Because the Arts Council is a non- profit organization, the Parks Board has suggested that the normal 5% in proceeds which goes to the City from contractual recreation programs be waived in this and similar service agreements with non- profits . With Council approval of the camp proposal, a service agreement between the NETC Arts Council and the City of Southlake will be entered into to have this summer camp developed and implemented. See attached "Summer Arts Camp" and NEW Arts Council materials. CT 10,4,/ l • NorthEut AQT8 mom P.O.Box 820345 Nogm RnHLArm Hats.TX 76182-0345 (817)2.43-3M 1 BOARD OF GOVERNORS _ y Px6mErrr _ _ ==u t h i a r;a G Ann Hardy EnrurraDEddyR Sandra Eddy I 1 n'.,1 j Ni it th Whits Sandra S }�L(;t__- PxtsmErrr-EtFcr i �'=1 V .-(:•.e, t T ex a s 7 6 0' Marion Muhney TREAsim Dear Ms. Murphy: Shawnya McPherson CoRpoRA.rESEcRECARY It was a pleasure visiting with you about the State Rep.Bill Carter p�_ssibility of holding some Summer Arts GamQ class it ViaPumws T(� -+es�:a,—Thursday Carl Jones St�uthl a►:e. As per your su=�gest iOr-S, a kubvidual&FamdyMembenNp M01'ning; schedule IS attached for `JLur consideration by , Gary Terry 4L.-he i:Zt_J of Southl =—ka. Insul ante should cover our CorpomaMmtbenhip + u=} -`rs: -ar� Z`. 2=:i 2 o insurance would he Bob Bose i n st" + C . r, FwncW Devdopnwt aZlalvle : ' i+ere ed. a15'i .7rC+`JI�e the snack. Leighton Railsback ! Facilities The deg•reed Z lstructCr , Stagy la Morgan, works very wte11 Marion Muhney I 1 d . e a orderly—class u Zti +=Ji_ t fen wi Z (Ticiiirt3Z ` -y .^• Public RdatiomQ Maheting r seven. t o ', learn arid d Allan Heindel itT(�-_s�here The c`ildrarl, ages y J . _� ; .. C+faaniratitmal Development I h.a v e a 4 i''=d t Z r-R c- a s well 1-he f e e per � -i. T. �� Jerry Jo Wright i 1� f_Y -t Z�� �.i'� _ ti r r:e_':S. _ _._•V -1� , S a.m. ��:tJJ� Education Tom Allen _ _ ___ _ -- ' vs Tie a _.emsi T L:- _ :-! �_ - ^=`a ce Robert Brandt i : -F y1_�; _.= a. _. .:i .,_._s , Tom Branford Al Buckner at 2S -3YL�c•. Geri Donworth Missy Gale Sincerely? Kim Geary Bob Hamilton NORTHEAST TARRANT ARTS COUNCIL Priscilla Harrison Jerry Honeycutt Steve Horton Riney Jordan Tom Little ; Sandra Eddy Elizabeth Noble Jo Orr Execut ive Directc, Joyce Roach Don Rowe Mary Lib Saleh I SE:b b h J.P.Shull Melinda Watts Smith Lu Spurlock Beverly Stout Luther Stripling Gunny Tigue Justin Paul Vigiletti Martha Walker Bennie wood Honorary Board of Governors Troy Fuller State Rep.Carolyn Park /D Hardy Sanders Gertrude Tarpley NORTHEAST TAPRANT ARTS COUNCIL SUMMED: ARTS CAMP - Ar t sReac h Sout h i ake Theme: Columbus' Times & Travels Session II: July 6-31, Register by June 19 Southlake Parkas & Recreation Department (817) 461-558i ARTS CAMP: Ages 7 - 12 years of age Tuesday, Thursday, 9:00 a.m. - 12:00 Noon Fee: $46 + $15 Supplies = $61 9 - 10: 15 a. m. Science of Discovery - Stacia Morgan 10: 15 - 10:30 a. m. RR, Outside Snack & Break: (Supervised) 10:30 - 11:45 a.m. Columbus' Crafts & Culture - Stacia Morgan 11:45 - 12:00 noon RR and Cleanup (Supervised) Mailing_ Address: NorthEast Tarrant Arts Council P.O. Box 820345 North Richland Hills, TX 76182-0345 817) 293 3406 CASE STATEMENT NORTHEAST TARRAN'r ARTS COCJNCIL It's music . . .drama. . . literature. . .the visual arts . It's storytelling, creative expression, laughter . . . It's the ARTS; specifically the NorthEast Tarrant Arts Council. THE ARTS COUNCIL The NorthE-,st Tarrant Arts Council serves as an arts clearinghouse for cultural information and programming in Northeast Tarrant County. The Arts Co::ncil and its affiliate member organizations are directly involved in the creation and presentation of the visual arts, music, drama, dance and literature through regularly scheduled exhibitions, classes and programming. More than 65 performances of seven plays take place in the theatre in a season . Serving Northeast Tarrant County's 3:)0,000 plus residents, the Arts council ' s recent acclaimed presentations have included nationally a:.d locally recognized artists, musicians and lecturers . HISTORY The NorthEast Tarrant Arts Council is an outgrowth of the Trinity Arts Guild, a visual arts organization, which was founded in 1961. The Council was accredited by the IRS in 1978 as a non-profit organization officially called the Trinity Arts Foundation, eventually "doing businPzs as" the Trinity Arts Council . Arts Council early tolbetter the define its Councilwas renamed the NorthEast Tarrant service area. The Arts Council serves 15 cities in Northeast Tarrant County and surrounding areas, cooperating on projects with several schooless, districts. The cities served include Bedford, Colleyville, Grapevine, Haltom City, Haslet, Hurst, Keller, North Richland Hills, Richland Hills, Roanoke, Southlake, Trophy Club, Watauga, and Westlake. Currently the Council provides organizational support for affiliate arts organizations representing toarts r disciplines, and is challenged to bring cultural opportunitiesyouth nd adults . HERE and NOW Arts Council and affiliate programs, plays, meetings and demonstrations, workshops, concerts and special interest activities serve an average of 800 people weekly at special events throughout Northeast Tarrant County. Classes, programs, and workshops in music, drama, dance, literary and visual arts serve an average of 500 additional people weekly in the Arts Center and at outreach facilities. Organizations affiliated with the Council are the Trinity Arts Writers Association, Mid-City Sound Chorus, the Tarrant Area Guild of Storytellers, Bel Canto Singers, the DFW Writers Workshop, the Mid-Cities Piano Teachers Association, the ONSTAGE Drama Company, the Photography Club, the sonata Club, and the Trinity Arts Guild. 3592.-1 Page 1 J . The Arts Council has 7200 square feet of classroom, art gallery and office space; plus a 104 seat con:.,iunity theatre in Bed: ord Boys Ranch Park in Bedford, Texas . Special projects also take place in several of the fifteen cities the Council serves, limited only by available resources and space . Current staff support includes a full-time executive director , a part-time assistant, one part-time office helper, plus 20 part-time artists/instructors and approximately 300 volunteers. Programs are under the direction and administration .of the staff and are governed by policies set by the 40-member Board of Governors made up of Lepresentatives from business, government , the arts and the community . pE.:DUD EXPANSION YorthEast Tarrant Arts Council is experiencing dynamic growth being centrally located in the Dallas-Fort Worth metropl.ex . Individual and family memberships have more than doubled, while corporate memberships and 'onations increased 11 percent during the past year . The 1991 plc im services increased 36 percent over 1990 . The 15 diverse commun ties of Northeast Tarrant County are in need of program c,u:,tinuity in the vis-.ial and performing arts and humanities . The North East Tarrant Arts Council challenges the community to help acc,mplish the following objectives : the o Provide permanent theorganization 'ngfor arts, fine arts assuring continuity arts andapplied and development arts . o Promote broad participation in the arts by encouraging attendance, education and understa.,►ding by the public and promote the events of Affiliates to the public. o Emphasize arts education programs for persons of all ages . o Foster communication, cooperation and coordination among Arts Council Affiliates, educational entities/districts, municipalities, cultural institutions, businesses and citizens . o Actively promote the arts as a key element in attracting visitors and industry to Northeast Tarrant County. o Provide a unified means to seek public and private funding for the arts . The NorthEast Tarrant Arts Council is funded by a combination of city, county and state grants, contributions specialfrom projectstands and individuals as well as money earned from activities . In addition to government grants, the continued expansion of the Arts Council depends corporations y on withahspecdiallonal interest int from the cultural individuals and Poations growth of Northeast Tarrant County. ? Y� 92-l. Page ,vW,-S '( Cixy of Southlake.Texas ` I ` C1T`t t.1A�ACER M E M 0 R A N D U M April 15, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director I SUBJECT: Award Bid for Fire Bay Improvements I i ned and On Wednesday, April 15, 199 a.m. ,In the 1992 93ebudgeta read aloud for Fire Bay Improvements m prov me is $10,000 was budgeted for those improvements. Below is a list of the bidders and bid amount. Tom S. Stephens Company was the low bidder at $21, 600 which includes the base bid and alternate bid. The base bid was for the expansion of the existing fire bay to include the foundation, metal building, door and appurtenances. The alternate bid was for an additional heater in the bay expansion area. The bids received are: Alternate Total Base Contractor Base Bid & Alt. Bid Tom S. Stephens $ 19,700 $ 1, 900 $ 21, 600 S.D. Peterson 20,900 2 , 050 22 ,950 i Ruscon 23 ,981 1,800 25,781 I Since the low bid is double what was budgeted, there are three alternatives the Council may want to consider: Alternative 1 - Reject the bids and do nothing. Alternative 2 - eject improvementhin the s1992-93 and b udget for the budget year, Alternative 3 - Award the bid to the low bidder and supplement the budgeted amount from the fund balance to cover the low bid. The projected end of the year fund balance for budget year 1991-92 will be approximately ore staff would recommend Alternative 3 of get any cheaper, Curtis E. Hawk, City Manager Award Bid for Fire Bay Improvements April 15, 1992 Page 2 Please place this item on the Council's next agenda. If you have any questions, please contact me. MHB/lc City of Southiake,Texas M E M O R A N D U M April 15, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Proposed Revisions to Ordinance No. 480, Section 34 : "Accessory Uses" Attached please find a copy of a letter from Brian Hugghins, owner of the property at 1218 Woodsey. He has presented the City with building plans to construct a "stick-built" room addition to his manufactured home and an attached carport. His property is zoned "MH" Manufactured Housing. " In discussions with Mr. Hugghins, two issues were raised: 1) "stick-built" construction for an addition in the "MH" district and 2) no provision in the "Accessory Use" section to allow carports in the "MH" district. I consulted the City Attorney' s office regarding the permitted construction method and was assured that there was no case law that would prohibit "stick-built" construction in the "MH" district. Having relayed this information to Mr. Hugghins, I explained that the only solution to the carport issue was to amend Section 34 of the zoning ordinance to allow carports to be built in the "MH" district. His letter to Mayor Fickes is the first step in accomplishing this amendment. Please include this item for discussion on the City Council ' s agenda for April 21, 1992 . Should they look favorably on Mr. Hugghin' s request, the Council may direct Staff to properly notice the proposed ordinance amendment and solicit the Planning and Zoning Commission' s recommendation of this matter. W KPG Attachments 1IA-1 APR 131992 DD April 13, 1992 OFFICE OF CITY SECRETARIAV,_ Dear Mayor Fickes: Please be advised that I have applied for a permit to build a carport and utility-room addition to my manufactured home located at 1218 TAbodsey Ct. . Zoning Administrator Karen Gandy reviewed my application and informed me that she would need to consult with the City Attorney because it could not be determined if manufactured housing districts were , covered under current city zoning ordinance for the request that I had made. Ms. Gandy informed me the City Attorney advised her that the utility-room addition was permissible under current zoning, however the carport issue was not specifically addressed in regards to manufactured housing districts. I would like very much to have a carport to protect my vehicles from the elements. Ms.Gandy and I agree that when the city ordinances were last updated the omission of manufactured housing districts was probably just an oversight. Therefore, I would like your assistance in resolving this matter. I request that necessary action be made to adapt manufactured housing districts to the current ordinance so my permit request to build a carport can be granted. I would like to thank you and your staff in advance for the assistance you are providing me, it is greatly appreciated. Please let me add that Ms. Gandy has been very helpful and understanding in this matter. If I can answer any questions please do not hesitate to call me, my home phone number is 329-1752. Sincerely, Brian Hugghins 1218 Woodsey Ct. Southlake, Tx. 76092 Ti` TrAm i K.ae K 7 I ;1 Q� 2.e75. 1 ITo i ?PACT e fPE Y 41.0e2•C I o J SUPg2g A� Ta kc i i c. .•c 3.003. I � J To fat 1.20 K I , BpsW TO GE ' i � 1 1.4•C TA.0 TA.o ..57 GpE g I T e.5•C cl AI G I ' TACT. I n T 4.07•C s 2 a 1 i l+ l I L.0 D. In ,A rid iI Lw�'1O p Sl to 1 To u.lo A SoSOD Qp I =� To.1941 M 1 o AC 0pE� ! i Tw ssidE TA•Ci TA sea TA 184K1 ..S•C1.1.3. .K•C .Old•C To 2e1OF TA Sol"ISMTA ! 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