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2000-01-13 Special CC Packet r City of Southlake, Texas f MEMORANDUM January 7, 2000 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: City Manager's Notes • Special City Council Meeting Tuesday, January 13. 1. Agenda Item No. 3A. Ordinance No. 480-323, 1" Reading, Rezoning and Site Plan for Carroll I.S.D. Middle/Intermediate School. This request proposes a zoning change to "CS" and a site plan for a combination Intermediate and Middle school campus and 500 seat football stadium, on approximately 37.416 acres of land. The current zoning of the property is "SF-20A" Single Family Residential District. The intended user is Carroll Independent School District. The District proposes opening the Intermediate School (grades 5 - 6) by August, 2001, for 800 students and the Middle School (grades 7 - 8) by August, 2002. The property is located on the west side of South Kimball Avenue approximately 900' south of East Southlake Boulevard (F.M. 1709). The Land Use Designation for this area according to the City Land Use Plan is "Public/Semi-Public and 65 LDN Overlay Corridor". The Planning and Zoning Commission tabled and continued the Public Hearing (7 - 0) to the January 13, 2000, Planning and Zoning Commission meeting, instructing the applicant to take whatever steps are necessary to address the concerns raised in writing and to submit them to the homeowners before the holidays so they could have time to consider the school district's proposals. Honorable Mayor and Members of City Council City Manager's Notes June 18, 1999 Page 2 of 8 The Commission was concerned about delaying the school district, but recognized they couldn't address them before sending the plan to Council, given a limited holiday schedule. A consensus was finally reached to hold another homeowner/school district meeting on Sunday, January 9, 2000. The school was to meet after the Christmas break and work on addressing the homeowners concerns and be prepared to answer them at this meeting. Following is a summary of the concerns from the homeowners: - Traffic - Including median cuts along Kimball to allow residents on the east side sufficient access, increased traffic on unimproved road, bus/commuter/school, coordinating driveway locations with existing driveways, and construction traffic during the development process. - Drainage - In the northwest comer of the site, C.I.S.D. is proposing a detention area. The adjoining property owners indicate they have current drainage problems in that area, already. They do not want their problem exacerbated, and want to work with the school to improve their current situation while development occurs. Maintenance of the detention area was also mentioned. - Parking - Is it adequate to serve the two schools and the athletic fields? How about on Parent/Teacher nights and other special events? - Trees/Environmental - The site is heavily wooded and limited preservation is proposed. Natural habitat to many animals. - Proposed Road Connection to F.M. 1709 - A future street expansion is noted offsite in the northwest comer of the property. - Fencing - Differing opinions regarding want, don't want, types, heights, etc. Safety issues with kids crossing onto private property where farm animals reside, retreiving balls, playing with the animals, etc. Honorable Mayor and Members of City Council City Manager's Notes June 18, 1999 Page 3 of 8 Spill over Lighting and Noise from outdoor auditory systems - Hours of lighting and noise, types of L & N, bells, announcements, number of night games, etc. Septic System - Currently Woodland heights Neighborhood is on a septic system, they want to know what their opportunities are to tie into a sewer system. Communications - Finally, the homeowners were unhappy with the lack of coordination and communication from the school district, the short notice on SPIN meeting and their desire to rush through the process. They wanted an opportunity to voice their opinions and come to some middle ground. They felt the school was asking for too many variances to the current ordinances. Others: Airport Overlay District - DFW and the Department of Transportation submitted letters in opposition to the school at this site, due to the noise contours. The Planning and Zoning Commission shared many of the same concerns regarding tree preservation, traffic, parking, noise, impervious coverage, and lighting. Feel free to contact Karen Gandy (Ext. 743) or Dennis Killough (Ext. 787) regarding this item. 2. Agenda Item No. 3B. Preliminary Plat for Lot 1, Block 1, Carroll I.S.D. No. 4 Addition. This is the preliminary plat associated with the Carroll I.S.D. Middle/Intermediate School and Football Stadium project. This is a one-lot plat of all the school's ownership of approximately 37.416 acres of land. There are no significant issues specifically related to the plat. The Planning and Zoning Commission tabled this item (7 - 0) to the January 13, 2000, Planning and Zoning Commission meeting, to keep it on track with the zoning and site plan Honorable Mayor and Members of City Council City Manager's Notes June 18, 1999 Page 4 of 8 case (ZA 99-120). Feel free to contact Karen Gandy (Ext. 743) or Dennis Killough (Ext. 787) regarding this item. Also, included in your packet is an agenda and related materials for the TIRZ Board of Directors meeting scheduled for Jan. 13 at 6:30 p.m. in the Department of Public Safety Training Room located at the City Hall facility. This meeting is intended to inform you of the financial status of the reinvestment zone and present the annual report to the Board of Directors. As you recall, the last Tax Increment Reinvestment Zone Board meeting was held on Aug.10, 1999, when the TIRZ Board approved amendments to the final project and finance plan for the Southlake Tax Increment Reinvestment Zone Number One. • Metroport Trip. Greg Last is finalizing the accommodations and transportation needs for those interested in attending the Metroport presentation before the Texas Transportation Commission scheduled for Thursday, Jan. 27, at 9:00 a.m. Recall that the main focus of this hearing is to advocate the funnel in Grapevine as the next funding initiative. Please let Sandy LeGrand or Greg Last know if you would like to attend and whether you need hotel accommodations or air transportation. If you are interested in transportation on the day of the hearing, a chartered bus will depart from Grapevine Mills Mall at 5:30 a.m. • SPIN Taping. It is my understanding that SPIN has raised the question as to whether or not to tape the upcoming candidate's forum. Staff has no issue one way or the other with the exception that if we do tape it, SPIN will probably expect it to be played on our cable channel. I feel that the taping of the candidate's forum would allow another vehicle of information to be disseminated to the public, however, Council's will prevails in this matter. Honorable Mayor and Members of City Council City Manager's Notes June 18, 1999 Page 5 of 8 • Westlake water. Ron Harper and I met with Trent Petry to discuss water and sewer issues between Southlake and Westlake. No real news -- everything seems to be in line. • Kirkwood Boulevard. At the P&Z meeting Thursday night I spoke with Dave Lieber who had initially stated that we were being "bad neighbors" to Trophy Club, and that he was going to write a column illustrating his feelings. We stepped to the break room where I proceeded to inform him of the total picture. I explained that our elected officials had repeatedly expressed their concerns for the motoring public from Trophy Club. Greg Last very appropriately entered into this conversation and was able to comment on the numerous meetings staff has had with both Trophy Club staff and Mayor Engelbeck. Lieber asked me why we did not share the alternatives, that we had shared with him, with the Trophy Club public. My answer to him was that Trophy Club administration has had the alternatives for some time and chose not to show them to their constituents. I questioned Lieber as to the appropriateness of Southlake's responsibility to provide Trophy Club citizens information that their officials had been provided and chosen not to share with them with their Mayor in the audience. I explained to Lieber that we have always been a good neighbor, and that we have several interlocal agreements for water and sewer services and police and fire protection that should illustrate our willingness to work with our neighboring cities. I also mentioned the blocked roadway between Grapevine and Southlake that we in Southlake feel is very necessary to relieve traffic from FM 1709 to Hwy 26. Honorable Mayor and Members of City Council City Manager's Notes June 18, 1999 Page 6 of 8 However, while we continue to work with Grapevine to get that road open, we must respect Grapevine's right to control its own property. In closing, Lieber said that Greg Last and I had did a good job in defending our position and that the he would probably write a different story then what he originally intended. On parting, I invited him to stop by the office for a visit at his convenience. Kim Bush spoke with Lieber today to reiterate my invitation to meet with him, however Lieber informed her that he did not have any further questions. He commented that he approached Mayor Engelbeck regarding some of the questions I raised, and Engelbeck did not have an answer for him. He also commented that he was not sure he would even do a story on this issue, but if he did it would appear in Tuesday's paper. • Master Projects & Idea List. Attached you will find a summary of projects and ideas that is maintained by the Department of Economic Development. It is an attempt to track and monitor a variety of projects and initiatives generally in priority as referenced in the left column. We thought you might be interested in this information. If you have any additional ideas or questions, feel free to contact Greg Last (050). • Internet Sales Tax. We are aware that there is currently a lot of discussion regarding any impact that the internet might have on the overall collection of sales tax from retail stores. We have been monitoring various sources on this topic in order to be aware of any impacts it might have. Attached are articles on the topic from the Wall Street Journal and a local government trade magazine. Also note the Honorable Mayor and Members of City Council City Manager's Notes June 18, 1999 Page 7 of 8 attached e-mail received from Lewis McLain regarding Bedford's efforts on this issue. (Grapevine City Council has passed a resolution supporting reasonable application of sales tax.) Feel free to contact Greg Last or Sharen Elam should you have any comments or questions on this topic. • Status on Tetco Complaint. Following the City Council meeting, Wayne Olson and Malcolm Jackson met with Stan Key and the other residents from Myers Meadow. The City Attorney explained the issues, both pro and con, of the various options including working with Tetco in non-adversarial meetings to resolve the issue, obtaining a restraining order and filing criminal complaints. It was decided to allow Chief Jackson to work with Tetco to voluntarily turn off the blower pending meeting with the homeowners in an effort to achieve some settlement. Stan Key would serve as the liaison for the neighborhood and would be advised of action taken by the city. Chief Jackson subsequently contacted the attorney for Tetco on Thursday and the attorney agreed to discuss options with the president and to request temporarily turning off the blower pending that meeting. Although inconsistent with the steps discussed immediately following the Council meeting, Stan Key telephoned the Tetco president direct and arranged for a separate meeting between Tetco and the neighborhood group, with an invitation extended to Chief Jackson to attend. That meeting is tentatively set for 6:00 p.m., Thursday, January 14, 2000. Stan Key is continuing to try to confirm a specific location for the meeting at this time. Following this arrangement, Mr. Harris has left a phone message for Chief Jackson indicating Tetco would be willing to turn the blower off for one week and to meet with a representative from the neighborhood and a representative from the city in an attempt to come to some final resolution on the neighborhood complaint issues. A meeting has been set for 9:00 a.m., Monday, January 10, 2000 for city staff to meet with city attorneys to discuss options and to Honorable Mayor and Members of City Council City Manager's Notes June 18, 1999 Page 8 of 8 develop a specific planned approach. You will continue to be kept informed of developments. • Impact Fee Workshop. As noted in a previous memo to Council, our plans are to hold a workshop with Council to orient you to impact fee complexities. Our plans are to cover the major components of the study with you in preparation for the February 1, 2000 public hearing. The workshop has been scheduled to immediately follow the SPDC meeting on Monday, January 24. We plan to post the meeting for "7:00 p.m. or immediately following the SPDC meeting." Note that it is our intention to also cover the Capital Improvement Program with you in anticipation of our bond sale at the January 24 meeting. Please let Sham Yelverton know if you have questions about impact fees. Call Ron Harper about the Public Works CIP. • Also attached for your information: - Chamber of Commerce Report - Calendar of Events BC Department of Economic Development Master Pro'ect / Idea List cc:BC,SKY,KPc,DK,crc Ref Status Project/Idea Staff % Comments 1 Active SABRE GL Active • Two-way frontage road issue GL 40% • Engineering Report CT 0% Need by Jan 11 • Resolutions of support GL 0% Need by Jan. 11 • Options Analysis summary GL 40% • Letter from Sabre to TC on DPS issue Alan Hagar pursuing • 2 Active SITE AVAILABILITY GUIDE UPDATE DD 80% Active • Finalize information for final printing SW 75% • Insert zoning district descriptions SW • Printing(do we need to bid?) • Post to Web-site SW 0 2Qtr 2000 3 Sporadic LOCAL OPTION ELECTION.INITIATIVE GL 10% NEED! • Contact cities for support of resolution 40% Need secretarial help ASAP • Send E-mail to support cities about TML resolution passing None • Develop "Action Plan" Calendar GL 0% None • Develop "Strategic Plan" GL 0% • Potential lobbyist in next year's budget(DE) • None • Set up visit to Legislators Nelson/Denny / GL 0 -Distribute copies of the Harris and lobbyists/MADD /Grocer advocacy books. Association/Tx Wine Growers 4 Sporadic STARS DEVELOPMENT GL 25% NEED • Schedule tour of Valley Ranch site with digital GL 5% Randy Locey 972-831-2484 camera Cell - 972-679-2119 NEED • Contact Cramer with update • Brent Kline looking at Stadium site 80% Probably won't work-Ted • Questions to resolve Look at prior fax list (DE wants -Impervious coverage amounts (DE) to look at site plan) -Traffic issues? • Stan McClure-Brightbill GL? Send SH 114 status report to all Send research packet to all • David Cunningham GL? Send profiles Needs surveys from SM + TM • Tom Metcalf-Dan Peebles • Send stadium concept to Mike Cramer Resolve any questions on this site 5 Active PIONEER CONCRETE SW CC January 18 • Get them Tank Farm road alignment GL 0 Requested from CT 12-7-99 • Develop alternative site analysis SW 90% Similar to stars • Answer proposal question Waiting on CC direction N:\Econdev\PROJECTS\#projectsl.doc Updated 01/07/00 11:04 AM 6 Sporadic BROKER-NET ASAP • Send out Jan distribution GL • Add new information Globestar bldg, Trey Hagar, Pi Systems • Add "Users of Interest": Fresh Choice, copelands, Whole Foods. • Scan Dallas Chamber leads ? 0% 7 Active SOUTH KMALL AREA • Write letter on contract zoning to Scifres GL 0 • Need response letter to Hank Jasper Questions Send to Harper ASAP • SCHEDULE ANOTHER MEETING 8 Sporadic DEVELOP PROJECT PROFILES SW Hold • Aventerra(Terrabrook) SW 0 Waiting on graphic from Gensler Sporadic . Crossroads Square SW 20% None • Cornerstone Business Park SW 0 Need graphics from GenCap Sporadic • Lowe's (I-page summary) SW 0 Requested by James Kunke 9/29 None . Solana SW 0 None • The Village at Timarron SW 0 None • Remington(1-page summary) SW 0 None • Village Center SW 0 Hold • The Shops at Southlake SW 0 9 Sporadic LEASE SPACE SUMMARY SW 25% Add days to lease/absorption Sporadic • Transfer table info into database SW 25% • Draft format SW 10% �w None • Fax/Email to brokers None . Update information-Quarterly 5% None . Post finished summary to Web SW 0 • Include graphic /photo for reference 10 Sporadic PROCESS ENHANCEMENTS SW 10% Sporadic • Develop PERT Chart/Critical Path SW 25% Need for Directors Retreat Feb 16 if possible 11 Sporadic DEVELOP FINANCIAL ANALYSES Active . Revenue Generation Spreadsheet GL 80% Lewis finalizing 972-418-1830 None • Fee Estimation Spreadsheet Get format from Grand Prairie • Total appraised value + sales tax /time GL 0% Meet with Sharonn N:\Econdev\PROJECTS\#projectsl.doc Updated 01/07/00 11:04 AM 12 Active WEB SITE ENHANCEMENTS SW Active • Develop web-site structure SW/GL 85% Discuss with Kunke None . Prepare tax abatement policy (.pdf) SW 0 None . Prepare charts (some need updated/created) SW 0 4W None . Prepare businesses report summary SW 0 What is this?-GL None . Prepare business development guide (.pdf) SW 0 None . Prepare individual site guide pages when SW 0 finalized; work with James on master plan links None . Prepare dev. staff contacts sheet-add Malcolm SW 0 Sporadic . Create/prepare master matrix of developers !e- SW 40% May need revisions? mail /linkages None . Prepare COC report(.pdf) SW 0 None . Create citizen recommendation section SW 0 None . Create broker-net posting request GL 90% SW to look over None . Create general feedback(JK have already?) SW 0 None . Create resources&references SW 0 None . Create/prepare? LOE status report GL 0 None • Research/create page for events/meetings SW 0 NTCAR, CDRs, etc. None . When each above accomplished, post! SW 0 13 Active SHOPPING& RESTAURANT GUIDE GL/SW 30% • Develop format/info intended GL 20% For hotels/visitors Active . Compile restaurant information EW 95% SW and GL to review None • Compile shopping information EW/SW 0% Need to establish info format • Include questionnaire form for restaurants desired SW Maybe SL in Review or website • Need location map graphic SW 0% • Develop hotel placement list 0% Help from Frank? • Put into COC directory mailout 14 Active METROPORT TRANSP. COMNIITTEE GL Austin trip 1-27-2000 ASAP • Get support letters from SL corporate (Town GL 0 Square, Sabre, Yetts) NEED . Find out who attends from southlake ASAP . Send out attendance list GL 10 15 None TAX ABATEMENT POLICY UPDATE SW January 2000 workgroup start? Active . Determine workgroup members GL 50% Check with KPG on sign-ups None . Call Lisa at Tarrant County for research None • Develop list of questions (policy vs. technical) 0% Sporadic . Prepare research/comparisons SW/GL Check with Tarrant County& AEDC N:\Econdev\PROJECTS\//projectsl.doc Updated 01/07/00 11:04 AM 16 Sporadic POWER POINT SLIDE SHOW SW/GL 75% None • New slides: Village Center, Lowes, Crossroads 0 Square, Creekside, Medical Air Services, Village of Timarron, Courtyard At Timarron, Southridge Lakes, Post Office, Town Hall, Foxhollow?, Cornerstone, Fidelity, Home Depot None • Add % of funding charts for SPDC 0 None . Add % of funding charts for CCD 0 None • Financial benefits charts; parks funds; general 0 funds 17 Active SOUTHLAKE BUSINESS DATABASE UPDATE VOL 10% Active • Periodic updates as discovered VOL 25% Include employment info None . Visit sites for updated information SW/GL 0 On-going • Review DBJ/Business Press for leads VOL 50% • Blitz update/COC member mailout 0% Maybe Feb/March 2000? 18 Sporadic AVENTERRA COMMERCIAL • Set up mtg with other CC members w/Yetts, etc. • Get 2 copies of revised master plan for walls; copy for Project Profile • DE-Tract 3-Resort/conference center/La Costa spa&Resort, Carlsbad CA • Develop notebook of information Have e-mailed to eric • Create project profile 19 None TRADE SHOW ENHANCEMENT • Acquire professional exhibit VOL 0 Research off internet • Prepare projects for display 0 • Develop marketing handouts 0 • Create std supply/handout list SW 90% • Beth to research internet 20 Sporadic ADVERTISING/MARKETING COLLATERAL 0 ASAP • Revise DBJ&BP advertisement SW 99% DBJ ad done; waiting on BP contract Sporadic . Shopping&Restaurant Guide All 30% See detail summary above 21 None HOTEL/MOTEL REG. DEVELOPMENT Active . Determine workgroup members SW 50% Waiting on PZ&CC members • Get Irvings regs 0 • Call Tedra at Bedford regarding hotel tax 0 22 None COMMERCIAL DEVELOPMENT SUMMARY 0 None . Need update for bond rating presentations 0 April Sporadic • Create Arcview cover map 60% Need to discuss SW/GL • Ask KPG for Tara's help GL 0 23 Sporadic NEW CITY/CHAMBER MAP SW • Determine critical path for production SW 0 • Develop time line/ summary memo of SW N:\Econdev\PROJECTS\#projectsl.doc Updated 01/07/00 11:04 AM responsibilities • Determine information to be included(w/CLC) SW 0 24 Sporadic PEARSON AT FM 1709 GL • Get new appraisals per CC Exec 11-2-99 SKY 10% In process • Call Phillip Bressinck 421-6355 Magic Mike, Racetrac Wayne Lee - Residential 25 Sporadic HOTEL/MOTEL TAX ADOPTION • Notify Chamber GL 0 • Lewis Mclain has good info on website 0 26 None VILLAGE CENTER EAST—PHASE 2 GL 0 Nolan Drive North • Developer acquiring land • 27 Sporadic RESTAURANT TASK FORCE/ACTIONS NEED . Tour with Andy Stasio • Identify potential cluster sites GL/SW 5% • Citizen survey/web site survey 0 • Develop form letter w/demographic teaser SW 0 • Develop contacts list 0 • Develop tri-fold format for placement in hotels/ 0 visitors bureaus, etc. 28 Sporadic BRUMLOW AREA GL 5% Talk with Joe on other interests • Meet with Mayor/Kendall on next step Call mayor on mini-warehouse location • Identify owners/create contact list • Did TMB include Brumlow interesection-Yes John Zikos, Hanover • Prepare research packets at continental& SH 26 for John Zikos • Call redi-mix contact to consider options Dick Nichols 481-6485 • Check with planning on mini-warehouses • Send Zikos research maps on NWC, also continental 29 Active E.D. CONTACTS DATABASE UPDATE DD 90% Sporadic • Send media lists to companies for validation VOL 50% N:\Econdev\PROJECTS\#projectsl.doc Updated 01/07/00 11:04 AM 30 None COMMUNITY SUPPORT PROGRAMS • Develop presentation request form 0 Active • Present slide show when requested GL 31 Sporadic BROKER AWARENESS PROGRAM NEED • Identify target brokers [Staubach/Amend/ 5% SHBM late Jan/early Feb? Swearingen, Stoneleigh, Houf, Brous Mcdowell] • Contact brokers for meeting time 5% • Contact John Gates (Site Selection article) GL 0 32 None TAX ABATEMENT APPLICATION 50% Waiting on workgroup • Determine criteria GL 0 • Develop format GL/SW 0 • 33 Hold BULLSEYE 6-12 month decision • Get Weber letter to Council GL 0 34 SOUTH CARROLL (Prade/Rucker) • Meet with developer • Prepare research packets • 35 Active CROOKED LANE/NOLAN DRIVE-South GL 0% • • 36 None UPDATE BUSINESS DEVELOPMENT GUIDE 0 • Evaluate benefits/effort 0 • Local bankers to help? Chamber? 37 None ANNUAL REPORT SW/GL 0 • Develop format/mock report 0 • Financial summaries/trend charts 0 • Project summaries 0 • Statistical summaries 0 38 None MID-YEAR REPORT SW/GL 0 • Develop format/ mock report 0 • Financial summaries /trend charts 0 • Project summaries 0 • Statistical summaries 0 39 None DEVELOP STATUS REPORTS None • SH 114/ 121 MIS GL 0 N:\Econdev\PROJECTS\#projectsl.doc Updated 01/07/00 11:04 AM r 40 None VARIOUS SURVEYS 0 None • Citizen Survey 0 None • Business Survey 0 Talk with Sandra, Spring 2000? None • Town Square Tenant Survey 0 • Possibly include in City Manger's report 0 Fax back response on preferred businesses/restaurants None • Solana Tenant Survey 0 41 None COMMERCIAL DEVELOPERS ROUNDTABLE SW • Determine future mtg dates, 3 times a year, spring-summer-fall • 42 None GIS ISSUES/OPPORTUNITIES • Need black/white map reproductions SW Original request 1996; MTP given to GIS 9/16; Water 9/17 • New COC map SW • Need 1:1000 base maps • Employment projections/data by tract? • Tie in site guide 43 None COMMUNITY PROFILE UPDATE • • Order tabs SW 0 bid at same time as annual report • TXU-how does it fit in now that it's here? SW 44 None BENEFITS OF E.D.-PUBLIC AWARENESS GL 0 • Local Business Report on CC agenda Waiting on CMO approval • Benefits to SPDC 0 • Benefits to CCD 0 • Benefits to Town Square TIF 0 • Effects on residential taxes 0 • Tax rate comparison 0 45 None DATA PREPARATION • Future traffic counts on SH 114 (reqst by CDR) • Labor Market analysis SW 0 RFP/Q to consultants? • Income data SW 0 Future • 2000 Census data summary CLC 0 • Update various charts SW 0 • Compile "Site Selection" criteria summary GL 0 Call Mike Mullis • Digitize(scan)blds /plans SW 75% Ken Baker scanning • Prepare RFQ for preparation of demographic 0 research • Northeast Tarrant county fast facts SW 0% See if other cities (or Kate)will update • Various digital photos of buildings SW 50% N:\Econdev\PROJECTS\#projectsl.doc Updated 01/07/00 11:04 AM 46 VARIOUS ADMINISTRATIVE NEEDS • Add to "Accomplishments List" 0 -Metroport meetings? -Brokers presentations -NTCAR trade show -Project profiles -3 -Site guide revamp -PowerPoint presentation - National ad campaign for Sabre - CDR 12-99 w/50 people -Broker-net program -Accurate information program(fast fact mailout) NEED • Time allocation charts w/o intern SW 5% 47 ADVERTISING/MARKETING RESEARCH • Plants, Sites and Parks 0 • Facilities Management 0 • • 48 Hold MICHAEL DRIVE 0 Claffey not in deal any more • Determine Status/hold-ups 0 • • COC INTERACTION& SUPPORT 0 • 0 • • LAND ACQUISITION/ISSUES • 0 • 0 • • • 0 • 0 • N:\Econdev\PROJECTS\#projectsl.doc Updated 01/07/00 11:04 AM ' MONDAY,DECEMBER 20,1999 &me Stores Hope Brill* And Catalogs Together Can'Beat Online Alone By Cen rmm Y.Coma AM DouMa A.ftmm orn ITEfor A FEW CUCPAO.Sc, visl- war exploded, retailers are sending out more cats. tors site the FAO.Schwarz �then ever. cgs in the U.S. have risen Web site can view live-artisan 97%since 1996,to 14J5 billion last pictures of the Star Wars year.A nmII- boutique at the flagship. ber of retailers•say that catalogs spur impulse 'store in New.York, then Purchases. Nordstroin Inc. and Hammacher Schlemmer report spikes in sales*at stores and zoom in and make a parchase: the Web whenever Banana Republic stores in New, are mailed. York-and Santa Mmica,Calif.,boast Conversely..some companies find that th& Web stations with sleek laptops Web sites are drawing a new breed of customer. where customers can order items Sharper hap Corp.,seller of Q Balls and mas- that aren't on the shelves. _ sap chain.says its Internet site bas attracted • Simon Property Group,a � �that PP are five to 10 years younger than g mall ,�is a those who-traditionally.buy from the stores. The Internet buyers who subsequently receive system caW TastFrng" loan, a catalog are our most productive customers," Ing to teenagers says Tracy Wan,president and chief operator of In Atlanta.As they anise the mall,- the company. "All three.channels are growing they can scan stuff they want at a nice pace.Cannibalism is minimal." . and let friends and family Spiegel, a dired marketer based in Downers knowvia Grove. the Web, ,says 60%of the people who shopped- Across the retail Industry, on its Web site this year were new customers to traditional businesses are the company. Nearly three-fourths of them experimenting with ways to make clicks, bricks and cats- placed their second order using the Catalog. " logs work together—and they are going far beyond printing Web addresses on shopping bags. Williams-Sastama Inc.recently linked its stage gift regishy to its'Web site, allowing brides to see who has bought what In real-time. Shoppers Those who at Sears, Roebuck.&Co. and Dayton Hudoon shop both Corp.'s Target unit am now online. and E-BUSINESS obtain instant store credit through the cata cards online. 'Wal-Mart log spend three L iueeklp � Stores Inc. and B-Mart times more than other customers, according to have farmed partner Rick Burke,managing director of�egeLeam. ♦ ships With Internet firms in Some customers use both—simulataneously. hbpes of bringing more of Harriett Bang.a manager at a Chicago publish- aa►as f their customers into the ing firm, shops Web sites such as Lands' End online world. * and Sensational Beginnings with catalogs in The goal of these efforts isn't to ldmply•shiit hand.'She prefers the richer picture quality of . stone sales•to the Web arts or vice versa,but to catalogs. but stes the fact that Web sites store create a synergy that spurs more sales overall. her credit curd lnformadm She doesn't have to Traditional retailers—once•seen as potential re-eater it with every pmvhase,and because the victims of otommerce—now hope that gig iupW the order herself,errors seem less likely. their stores,catalogs and Web sites to work in "You can't really browse going page by concert wilt give them an edge over upstarts page.on the computer screen, but it feels as if that sell on the Internet alone. it's mare documented when you order on the "Those kinds of combination plays are going Internet,"says Mn.Barry,43 years old. to alai retailers to compete in'the oadine world Creating synergy between.stores and Web and still have growth In stores," says Brent sites has been more challenging. Even as Lohrmann, a partner with Diamond'Technol- pig T tic a to page Bs.fth me 1 ogies,an Internet strategy firm in(9dcego. Some retailers say they already are seeing growth in one selling venue bolster sales in another.For example,even as a tommerce has. f; Retailers Seek Synergy Cauu&nW From Ptrge B1 a profit. There's no way yet to track e-commerce booms, many people dearly which sales from a particular retailer are still prefer shopping in stores. attributable to FastFrog, so Simon can't With that in mind, some retailers are take a cut of those purchases.system it_ tx1mrr Weto b sites In the Houston experience ry Yoursherpon Simon a.com in F also A Schwarz store Furniture is using the same technology. in Atlanta's bustling Lenox Square mall. called "Look and Buy," that allows FAO Customers register online at a kiosk, Schwarz to display its stone online. hand over a credit card and get a hand- Cameras placed throughout the•furniture held computer to scan items they want-in store continuously show all the happen- the stare.They can add toys to a wish list ings inside.Web users can click on a Pic- or purchase them right over the computer tare on their computer screens to move _ and have thew picked up or delivered— cameras around the showrooms. all without having to wait on line. Shoppers can order directly from the site. But this high-tech concept ..but more often they come to the store lot of low-tech manpower behind e with printouts of items they saw onliuie. scenes. Since the hand-held computers Some test sofas and mattresses at the aren't really linked to the store's registers . store while family members watch from or warehouse, a Shaon employee has to computers at work or home. find the toys orb the stare shelf and wait is Since putting the store online nine line with other customers to bury them—at months ago. Gallery Furniture, which Simon's expense. Then a "none totes operates just one store, has seen sales the toys to a vacant restaurant elsewhere increase 20%to SM million. Store owner in the mall where a group of bawled sea- Jim McIngvale says he alieady has recov- sonal employees retypes the infomation ered the $1 million he spent to install 48 on the receipt and charges the customer's cameras-plus some. credit card. Other workers then pack the There's just one bitch:The store has toys to be picked up or shipped, which to leave its lights on round the clock so Simon promises within four days. Web shoppers can get a clear view. ' In all.the one-store test of the system -Other efforts to link vhitual and p** requhes 15 workers.Simon says that's to cal stares will take longer to pay off. make sure customer service is perfect Simon Property. toe Indianapolis- during the test. Depending on the final' based mail owner,has invested about$10 results, it hopes to roll out such gadgets million in e-commerce efforts so far nationally next year. through its Clixnmortar.com subsidiary. "We've already identified some tech- and it plans to rol out its FastFrog reg _ nology improvements that can reduce the b try technology nationally next year.But number of bodies involved,"says Melanie it hasn't yet figured out how it will make Alshap,president of the clixamortar unit. y. . Cover Story T H E I N T E R N E T STATE AND LOCAL BY HEATHER HAYES OFFICIALS,POLICY WONKS esidents of Hennepin County,Minn.,can't help but feel a swell of pride Rwhenever they pass the Mall of America,the world's largest indoor retail en- AND E-COMMERCE terprise and a monument to the entrepreneurial imagination.With more than 500 stores and 2.5 million square feet of space,the mall draws consumers and VENDORS BATTLE OVER tourists who provide millions of dollars in sales tax revenue each year to state and local government coffers. HOW AND WHETHER TO But another mainstay of the economy—Internet based commerce-has Hen- nepin County Commissioner Randy Johnson,a self-described free-market Republi- TAX BUSINESS DONE OVER Can,a bit concerned about the future.With online sales of goods and services top- ping$1.6 billion last year and even conservative estimates putting the market at THE INTERNET $1 trillion within five years,Johnson worries openly about how such a shift will af- fect local tax revenues and his ability to provide critical services such as education, law enforcement and snow removal.Losses could even affect the county's ability to maintain and upgrade its own computer systems. "We know that we're losing revenue from the sales tax when people order tax- able items over the Internet,"he said,pointing out that a recent Minnesota panel studying the issue predicted that the state would lose more than$143 million in revenue during 2000."It's hard to measure exactly how much we're losing within the county,but we know the sellers are not collecting sales tax,and the buyers are not paying the use tax that's required under state law.If things don't change over time,it could be a huge problem for us." The question,of course,is how to modify a system for collecting taxes that is 22 civiccom August 1999 Cover Story "It's hard to based on geographic boundaries.Revenue agents measure exactly must try to put a box around a medium that has no boundaries.And something has to be done how much we're because while remote sellers have been around losing within the for some time in the form of catalog-and TV- county ... if things based mail-order houses,the electronic com- don't change over merce sales market eventually is expected to ac- count for up to 75 percent of all sales. time, it could be "There is a lot of anxiety out there about how a huge problem to maintain the current revenue stream,"said „ Ralph Tabor,associate legislative director for the for US. National Association of Counties.A recent report — handy Johnson,county commissioner, by the National League of Cities bears out this Hennepin County,Minn. claim,finding that three-quarters of local officials believe that e-commerce will negatively impact their ability to provide services."The fears are real and can't be discounted,"Tabor said. The issue is further complicated by a new breed of online commercial player who believes that putting additional taxes and paperwork bur- dens on an industry that must compete globally could seriously impair its growth.Austan Gools- "' bee,an assistant professor of economics at Uni- versity of Chicago's Graduate School of Business, said that an interstate sales tax would have this immediate impact a 24 percent decrease in the number of buyers and a 30 percent drop in e-commerce sales. (W "Revenue losses are currently small,and you a cannot assume that all Internet sales are diverted from retail sales,"Goolsbee said. Such statistics often fail to translate in the po- litical arena,where experts from one side of a problem are skeptical of figures generated by the F. other.Take the number 30,000,for example.Tax freedom advocates say 30,000 is the number of ju- risdictions that will be able to tax e-commerce businesses should uncontrolled taxation be al- lowed.But Hennepin County's Johnson said that when he presses tax freedom advocates for a source for the figure,they can't cite one. On the other hand,state and local authorities who claim e-commerce is shrinking the tax base are off base,tax freedom advocates say.Mark >' Nebergall,a spokesman for the Internet Tax Fair- ness Coalition,which includes companies such as America Online and Microsoft Corp.,described such opinions as rooted in a"Chicken Little" complex."All these governments are going around yelling, `The sky is falling,the sky is K= falling;we're not going to be able to educate our d kids or protect our citizens or put out fires,'" 4 Nebergall said. But every day,I hear news reports about how local governments are experiencing budget sur- 24 civic.com August 1999 pluses,and you can't tell me that doesn't have "Only after hearing the input of all affected something to do with electronic commerce and parties can our proposals possibly be legitimate," the spinoff economic growth it has generated,"he said the commission chairman,Virginia Gov. said.He also cited a recent report by the consult James Gilmore (R).`This is vital for us develop- ing firm Ernst&Young that found that the total ing a consensus.And only with a consensus will sales and use taxes not collected in 1998 from In- we be successful and will Congress value our rec- ternet sales was less than$170 million,or one- ommendations." tenth of 1 percent of total local sales and use tax A number of potential solutions have been revenues. tossed out for public consumption.And while Yet for a state such as Washington,which has many of them seem unlikely or impractical,a no personal income tax and takes nearly half of middle ground is discernible.Moreover,observers its revenue from sales taxes,a dramatic decrease from both sides of the aisle believe that informer in its tax base would spell disaster."Sixty percent lion technology will be vital to solving the prob- of our general budget goes to education,"said lem. Washington Gov.Gary Locke (D)."It would be ironic if electronic commerce erodes the science The Endgame and math education that the visionary leaders of At present,45 states collect revenue through sales tomorrow need to keep this industry going." and use taxes.And many states,including Califor- nia,already are collecting taxes on Internet-based A Balancing Act sales—but only when the buyer is a resident of Into this fray has stepped the newly minted Advi- the state and the seller has a significant presence sory Commission on Electronic Commerce—a in the state too. panel of federal,state and local officials,business This is the so-called catalog model of taxation, leaders and nonprofit association executives cre- brought about by Quill v.North Dakota,a U.S. ated last year as part of the Internet Tax Freedom Supreme Court decision which stated that compa- Act,which placed a moratorium on collecting new sales taxes over the Internet for three years. " �r ie tq, ham �Yx � k This heterogeneous group,with its members' � A (liwcompeting interests,has been given 18 months to nor statta6and lowi.offidals,sit saidltandy�oFtt>sga Hennepin q`r t , .s 4"1.k- r,.+Cl, i izn'4 .i. .s +`fit"rah j• x - r: come up with a fair,equitable and simple tax ring idly by�nrltllsj a pane!of� aou ,Minn osptnissioner plan.It then has to persuade Congress to make it 19 Rewple debate an issue xhet,ems` 'Most dQs understand the po- r t eft era r4 zh happen. eouid#rave a radical Impact on terrtlal alelectro�lsorrterfe y Dallas Mayor Ron Kirk a commission member the future of local rgvertues is x and can figure econonni ef= r ^ti t immediately laid down the gauntlet when the noteasy,Sty Mi�ginia�"Gow Jame% 1hptyguYdE �utlany commission met for the first time in Williams- Gilmore{t{),dtairman of the Ad- eiRcted oidals idort' art!QOs x burg, June."We in the cities don't � #rg Va.,in late J visory Commission ors Electron(c A want to be an impediment to the growth of this fI Commerce,hak invited everyone 1ielp *theist reali a vuhat happen important industry,but we also do not want to re- who wants platform fgrttteir litgrovunvvFtat ipigt"happen' move a major source of revenue that provides our opinions Qrldeas ta'amtact them the " ; ' �' citizens with basic everyday services,"he said."It is comps, "1Ne 1nri11 Ilstetlo r Dort .1/i►g n `seue- : neither cynical nor emotional to raise the issue of every voNJ he stated at the in�ra11i of nalog what effect the buying and selling of goods over augural meeting of the eomr is- {tgreed, rag that CI's should the Internet is going to have on one of our sign in�lViitiamsburg,iCa..ltti f r ni thefrnntie pefsperdlte�to strongest sources of revenue." Junehs � � x� re eornmorl.'1(his is On open Well,no one claimed that the task would be lt'S riot just t eyenue agenfs � t t lfal prooe5;, he said `VO easy.But just about everyone agreed that their and elected offrc�akiat have a �,Vvartt tq'hear iror Iteopl� Tire r work was critical,with the future course of com- role to plays the process Chief time to presertc ygitr,Ideas ism§� w s a s T xv #r, r x t merce—electronic and traditional—at stake.So lnformatiort , ofioers espedally, 7; r now�fou cart" coanythmy ford ; important,in fact,that when the commission fi- 'canng thplf tetltrioiogy visipn thr�years anyway¢so now is sally met face to face,members of the panel re- -,to the table "'l thin(t that QOs, time to v�iorkt gather fused to discuss any quick-fix proposals for how to should really step 1n and helped= Everyone has a strong 1.ncentive : tax an electronic sale that might take place on a tic-ate elected OffWals to the in seelrig that this exerdse is sus <b server in London or in the Caribbean or how to enormity of the dtange that`is kw collect taxes on purchases without invading the likely to take place very rapidly," T�/eather Hayes privacy of individual consumers.. August 1999 civiacom 25 Cover Story nies do not have to act as tax collectors for a state other side,which is to know the rates and comph- unless they have a substantial physical presence— ance requirements of 30,000 jurisdictions," or a"nexus"—in the state.If a company doesn't Nebergall said."So now who's at a major disad- meet the nexus requirement,the Supreme Court vantage?" would have to change its opinion—a painstak The key,say most players,is to come up with a ingly slow and unlikely course of action—or Con- moderate plan that takes the tax structure and gress would have to make a revision under the In- simplifies it to the point that remote sellers can ter-state Commerce Clause in order to tax the comply with interstate tax requirements while ful- company's e-commerce sales. filling the bottom lines of state and local govern- Observers say the latter is likely to be one of ments. the recommendations that the commission will Robert Locke,finance director for Mountain offer when it sends its report to Capitol Hill in View,Calif.,believes Congress should set up a tax April 2000. structure that not only allows for the collection of At least one potential solution doesn't require interstate taxes but sets a maximum tax rate and federal legislation:the"No Net Tax"plan that identifies items,such as groceries and prescrip- many business leaders have bandied about.The tion medication,that would be considered tax ex- idea is that e-commerce is a such a powerful eco- empt.States could then subscribe to the plan (or nomic engine that any short-term tax revenue choose from a couple of plans)and then legislate drop would be offset by greater economic growth the new changes. and the creation of more small businesses,more "If the administration or obligation to collect jobs,higher incomes, sales taxes is raised to the state level with common x � 3 4 greater income tax collec- rules throughout a state,then you're suddenly Poss�bl $t 5 : ' don and,ultimately,a larger down to just 50 rules that a business has to fol- TCQmmrs�ioe on Elegy ' tax base. low,"Locke said,noting that Mountain View,a trotut Commerce has purpose•, Of course,state and local city that is home to technology titans Netscape M � fully sftied awayorirt boxing itself governments call this view Communications Corp.,Hewlett-Packard Co.and any soiut�iortk to the Internet pure fantasy."It would set Sun Microsystems Inc.,has seen a 10 percent de- tax probletit btl #everal id", used Internet vendors up as an cline in sales tax revenues over the past year. stone otn tornbinon are bung elite class of vendors and put "Each state would then be responsible for allocat tasted alrorut,tnndfasl'u> n, ,r: Main Street vendors at a 6,7 ing those funds to the local level." a Art ado3s�the-board sale3c ex`` [or] 8 percent competitive Hennepin County's Johnson notes that if there s empdon for ell lnfsr 1 t-(used + ; disadvantage right up front," were a uniform tax system,a simple software pro- trathe�!o Net Tax." Tabor said."If we did that, gram that includes a base state tax rate plus local ■ Mowngto a unifortttsystem of 'r we'd have to exempt all busi- options could be used by businesses to easily cal- sales taxesxat testate level that x nesses from collecting sales culate and administer sales tax."The software is use a software rogram coded" ' tax.And then where would probably already available,"he said. I, hit stafe taz rues an¢bcaltax° we be?" Another IT solution would target the privacy , o of as well a#the� k pti � types of Those who desire afree- implications of collecting sales tax via a medium t product;tonslrred taxable in f for-all solution would have that is capable of storing the names and pur- atate� Congress remove all inter- chases of every citizen in the country.A server- 4 ■!ln eIact. 0 sen►4randitware- state barriers to taxation so and-software system would collect the money and abased MQ'i r�n 0hai a ectsi,ni- that potential taxing jurisdic- forward it to the proper tax authority."It's an a form o each trartsacdon , lions could be given a fair electronic middleman that basically knows that a from businesses and routesto shot at all interstate transac- transaction occurs but it doesn't know who did it the R � A, pyr g tions at their own set rates and how it was done,"said Don Upson,secretary A#e'dalalll l�s4 and on their own terms. of technology and chief information officer for aherttofI$ art Business leaders complain Virginia."It's an interesting prospect." WW �> ' � headqurtet locat;on -,a,co that such a plan would put Such solutions deal with only a few of"thou- g ;parry rather than the server 1pca- Internet vendors—especially sands of related issues,"Upson said,including °tlorl. � small businesses—at a horri- how to handle product sales to American con- ,■71te'-ft"# ( ubon Simply ble disadvantage."Main sumers that take place on American company $ keep the s gua and'let Mates " Street vendors have to col- owned servers based in foreign countries and how =artd localities determine whKh y lect for just one jurisdiction, to tax the sale of digital goods and intellectual .. ;transactions they waM to tax but now they want to knock property such as software and computer- the remote seller over to the generated music.Mountain View's Locke suggests 28 civic.com August 1999 that the server location be taken out of the equa "There is a lot tion by basing the point of We on where the com- of anxiety out there pany's headquarters are located,and Hennepin County's Johnson pointed out that software and about how to main- computer-generated music transactions may prove tain the current to be undetectable and therefore untaxable. n Whatever the solution,Internet vendors seem revenue stream. resigned to accepting some form of interstate tax as long.as it's simple,fair,nondiscriminatory and —Ralph Tabor, equitable."Tax advantages are not what's going to associate legislative director, allow the Internet to grow,"said John Sigdmore, National Association of Counties vice chairman and chief operating officer of MCI WorldCom and a member of the e-commerce commission."We don't believe it's feasible or fair to tax one form of commerce differently than an- other.But whether or not we want to collect sales tax for 30,000 different taxing jurisdictions is an- other matter altogether." Localities are likely to accept a simple,uni- form state-based option."I think cities and coup- -- ties are very open-minded about what they're will- ing to work out and how the system might be streamlined,"said Delna Jones,county commis- sioner of Washington County,Ore.,and a com- mission member despite the fact that her state levies no sales tax."But the bottom line is they will not allow for the removal or reduction of what is a critical contribution to the operation of local government." A Profitable Future? The one point that all parties seem to agree on enthusiastically is that the time is now to do some- thing about whether and how to allow interstate taxation of interstate commerce."The challenge and opportunity are that we might be able to pro- duce something that works to everyone's satisfac- tion,"Upson said."The danger is,if we don't, m then the [Internet Tax Freedom]Act expires,and C you're right back to where you were:Everybody trying to impose their own will on this medium. from public services.Finding the middle ground And good luck." is made easier by the fact that some of the most Without a clear-cut solution that everybody can creative minds in government and industry are abide by,Johnson also foresees disaster."Over working on this before Internet-based commerce time,our revenues will drop,and if they drop dra- becomes the dominant commercial model. matically,we don't have a lot of other options "The tax issue is not big enough at this point short of increasing our property taxes at the local to drive state and local governments to nun,but level,which might send our Main Street busi- it's big enough that we can see it and,luckily,it's nesses elsewhere,and our income taxes at the small enough right now that we can solve it,"said state level.Or we'd have to dramatically cut back commission member and Utah Gov.Mike Leavitt services.And that's not feasible,because we cut (R)."And I feel strongly that we will find a solu- the fat out a long time ago." lion."• Most observers and players believe that it won't come to that because most business owners recog Heather Hayes is a five-lance writer based in Stuarts nize that they,along with their employees,benefit Draft, Va. August 1999 civic.com 29 Kim Bush From: Shana Yelverton Sent: Friday, January 07, 2000 11:30 AM Qo: Kim Bush ubject: FW: Internet Sales Tax Resolution and Staff Report —Original Message— From: Lewis F.McLain,Jr.[SMTP:Ifm@citybase.net] Sent: Thursday,January 06,2000 9:55 AM To: Select List Subject: Internet Sales Tax Resolution and Staff Report Dear Colleague: Susan Thorpe, City Manager of Bedford, has offered her city's resolution and staff report on the topic of taxation of Internet sales. You are welcome to use this information as you wish. Also, Susan and I are interested in any comments you might have on this topic, what your city is doing regarding policy analysis, fiscal impact and specific actions you are taking-or any questions you might have about the subject. There are others within the GFOAT organization involved in the analysis of this subject, and there are plenty of editorials being written about the subject In newspapers and professional journals. You have my address above. Susan's is sthorpe@ci.bedford.tx.us. My thanks to Susan for offering this assistance to other cities. I will post it to my library on www.citybase.net and invite others to submit examples of policies and work products not only on this topic but any epic that might be of interest and benefit to the city management rrofession. Thanks, Lewis V1 71 Internet Sales Tax Internet Sales Tax Resolution... Staff Repor... 1 RESOLUTION NO. 99-99 A RESOLUTION OF THE CITY COUNCIL OF BEDFORD,TEXAS, SUPPORTING THE REASONABLE APPLICATION OF SALES TAX ON APPLICABLE PRODUCTS AND SERVICES PURCHASED THROUGH ELECTRONIC COMMERCE,TO ENSURE EQUITABLE TREATMENT OF RETAILERS PHYSICALLY LOCATED IN BEDFORD AND PRESERVATION OF THE LOCAL TAX BASE NEEDED TO DELIVER BASIC AND EXPECTED GOVERNMENT SERVICES. WHEREAS,state and local governments rely on sales tax revenues to pay for public services related to public safety,education, infrastructure maintenance,social programs and other quality of life services,and WHEREAS, nationwide,sales tax comprises nearly half of the tax revenues collected by states and distributed to local governments,and WHEREAS,state and local governments have experienced difficulty in collecting sales tax on purchases made from out-of-state businesses, known as remote sellers,and WHEREAS,the growth of the Internet has increased the ease with which consumers can engage in remote sales,and WHEREAS, between 1997 and 1998 retailers selling on the Internet tripled from 12%to 39%,and WHEREAS,93.5% of e-commerce transactions are expected to come from traditional business and retail sources by 2002, and WHEREAS,the U.S. Congress enacted the Internet Tax Freedom Act of 1998 which pre-empts state and local authority by establishing a three year moratorium on the imposition of e- commerce-related taxation,and created an Advisory Commission on Electronic Commerce charged with making recommendations for future Congressional action,and WHEREAS,the Internet Tax Freedom Act discriminates against citizens without Internet access because these individuals will continue to be obligated to pay sales tax on purchases from local stores,while consumers with the means to afford the necessary technology for making internet purchases will not be required to pay sales tax, and WHEREAS, retailers engaging in e-commerce will experience an unfair competitive advantage over local,"Main Street",or"bricks and mortar" businesses if the Internet Tax Freedom Act is made permanent,and WHEREAS,the National Governor's Association estimates that state and local government revenues from sales tax could decrease by as much as 20% by 2003 if the Internet Tax Freedom Act is made permanent, and WHEREAS,the City of Bedford is a member of the National League of Cities (NLC),and the National League of Cities is launching a multi-year education and advocacy effort to increase understanding of the electronic marketplace and develop public policy recommendations that will help shape the debate at the end of the three-year moratorium on taxing online transactions, and WHEREAS,There are three key messages guiding this campaign: • State and local leaders strongly support technology advances and the opportunities offered by electronic commerce. At the same time,we must protect local retailers from unfair competition and preserve tax bases needed to deliver basic and expected government services. • Charging sales tax for online purchases of traditional goods does not represent NEW taxes. A book purchased off a shelf at Borders Bookstore and a book purchased online through Amazon.com are and should be subject to the same taxes. If a consumer buys two books at Amazon.com and no books at the local Borders,the government has lost expected revenue from the sales tax. • Convenience, not tax avoidance, is what lures consumers to online purchasing. In fact,many don't know whether they pay any sales tax when they buy online or under what circumstances they would pay local/state sales tax. Therefore, it is safe to assume that charging sales tax for traditional purchases will not stymie the growth of this new marketplace. Moreover, it is absolutely clear that state and local taxes have in no way restricted the phenomenal growth of the nation's leading e-commerce companies like Microsoft, Intel, and others. Federal legislation should not create a protected class of taxpayers at the expense of Main Street and other taxpayers,and WHEREAS, It is important that Cities make their concerns known to our U.S.Senators and Congressmen,state legislators, Governor and Lieutenant Governor,and WHEREAS, Local elected officials have a unique opportunity and duty to educate citizens, business leaders,and key stakeholders about the risk that the dramatic growth of tax-free online shopping poses to local revenue bases, and WHEREAS,the Advisory Commission on Electronic Commerce will consider proposals to address e-commerce-related taxation issues, including one jointly submitted by the National Governors' Association,Council of State Governments, National Conference of State Legislators, National Association of Counties, US Conference of Mayors, National League of Cities,and International City/County Manager's Association entitled "Streamlined Sales Tax System for the 21"Century." NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEDFORD, TEXAS,that 1. the City of Bedford does hereby support the reasonable application of sales tax on applicable products and services purchased through electronic commerce,to ensure equitable treatment of retailers physically located in Bedford and preservation of the local tax base needed to deliver basic and expected government services 2. the City of Bedford hereby opposes attempts by the United States Congress to enact further legislation that might pre-empt the authority of state and local governments,and 3. the City will participate in educational and advocacy efforts as outlined by the National League of Cities and will communicate with national,state and local officials regarding this important issue. PASSED AND APPROVED this 14"' day of December, 1999 at a regular meeting of the City Council of the City of Bedford,Texas by a vote of 5 ayes, 1 nays,0 abstentions. R. D. Hurt, Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney S:\DEPTDATA\COU NCIL\RESOLU'Rinteme.doc COUNCIL AGENDA BACKGROUND aw PRESENTER: Susan K.Thorpe,City Manager ITEM: Consider a Resolution Supporting the Reasonable Application of Sales Tax on Applicable Products and Services Purchased Through Electronic Commerce DISCUSSION: The National League of Cities Annual Conference was held December 1-4, 1999. During the Conference a great deal of discussion took place about the current status of analysis and debate regarding the existing moratorium on sales tax on the Internet and the expected report from a Commission assigned to study the issue. Although the Commission is scheduled to make a report and recommendation to Congress next April,Senator John McCain has jumped the gun by stating he will introduce legislation in January 2000 to permanently exempt all Internet sales from any taxation. The NLC, and members of the Commission, are urging all cities to take action immediately to contact national and state legislators to let them know of the significant impacts such a tax exemption could have,and to urge that the Commission be allowed to finish its work. Congress should not rush to enact legislation that will have such dramatic and long-term impacts on retailers, businesses, and funding of public services without a thorough analysis and projection of its positive and negative impacts. BACKGROUND President Clinton signed the Internet Tax Freedom Act into law in October 1998. That law imposed a three-year moratorium on new state and local taxes for online transactions and sales. During the moratorium, a national advisory commission is supposed to study and recommend appropriate rules for international, Federal,state, and local income and excise taxes on Internet and comparable international and national sales activities. The national debate around the Internet Tax Freedom Act raised a groundswell of concern among state and local officials about the long-term impact of the emerging electronic marketplace on local revenue bases. It also raised concerns about the long-term viability of Main Street businesses whose ability to compete would be threatened if online sales became permanently exempt from traditional state and local sales taxes. The growth of exempt mail order sales has raised similar concerns over the years and well documented revenue losses to state and local governments. Unfortunately, Congress has resisted all attempts to create a level playing field when it comes to mail order sales and, in 1998, appeared to be moving in the same direction for Internet sales. As a result,the long-term future of the sales tax as a vital source of support for local services is in serious jeopardy. Date: 12/14/99 City Manager Review PROPOSED ACTION The National League of Cities is launching a multi-year education and advocacy effort to increase understanding of the electronic marketplace and develop public policy recommendations that will help shape the debate at the end of the three-year moratorium on taxing online transactions. There are three key messages guiding this campaign: • State and local leaders strongly support technology advances and the opportunities offered by electronic commerce. At the same time,we must protect local retailers from unfair competition and preserve tax bases needed to deliver basic and expected government services. • Charging sales tax for online purchases of traditional goods does not represent NEW taxes. A book purchased off a shelf at Borders Bookstore and a book purchased online through Amazon.com are and should be subject to the same taxes. If a consumer buys two books at Amazon.com and no books at the local Borders,the government has lost expected revenue from the sales tax. • Convenience, not tax avoidance, is what lures consumers to online purchasing. In fact, many don't know whether they pay any sales tax when they buy online or under what circumstances they would pay local/state sales tax. Therefore, it is safe to assume that charging sales tax for traditional purchases will not stymie the growth of this new marketplace. Moreover, it is absolutely clear that state and local taxes have in no way restricted the phenomenal growth of the nation's leading e-commerce companies like Microsoft, Intel,and others. Federal legislation should not create a protected class of taxpayers at the expense of Main Street and other taxpayers. The City of Bedford is a member of the National League of Cities. The mission of the National League of Cities(NLC) is to strengthen and promote cities as centers of opportunity, leadership,and governance. NLC was established in 1924 by and for reform- minded state municipal leagues. NLC now represents 49 leagues, more than 1,500 member cities,and through the membership of the state municipal leagues, NLC represents more than 18,000 cities and towns of all sizes. RECOMMENDATION: Staff would recommend the following motion: Approval of a Resolution that: 1. the City supports the reasonable application of sales tax on applicable products and services purchased through electronic commerce,to ensure equitable treatment of retailers physically located in Bedford and preservation of the local tax base needed to deliver basic and expected government services, 2. the City opposes attempts by the United States Congress to enact further legislation that might pre-empt the authority of state and local governments, 3. the City will participate in educational and advocacy efforts as outlined by the National League of Cities and will communicate with national,state and local officials regarding this important issue. Date: 12/14/99 FISCAL IMPACT: There is no fiscal impact as a result of this Resolution. The action to exempt applicable goods and services sold on the Internet from sales tax could have dramatic negative fiscal impact on our sales tax revenue,which represents 34% of current General Fund revenues (this does not include the 4B sales tax). As you know, City staff is concerned about the impact on sales tax from recent State action to exempt over-the-counter medicines from tax. Although we have not had the opportunity to calculate the impact,that issue pales in comparison to the exemption of goods sold through electronic commerce. ATTACHMENTS: Resolution NLC Publication -High Stakes in Cyberspace: Ensuring Tax Fairness in the Electronic Marketplace NLC 1999 Policy Action Agenda Various articles regarding electronic commerce Date: 12/14/99 i City of Southlake - .., Chamber of Commerce Report Date: January 13, 2000 Presented To: Chamber of Commerce Board Prepared By: Department of Economic Development Following are selected items of interest related to economic development in the City of Southlake. RECENT DEVELOPMENT APPROVALS • December 7, 1999: Council approved on consent the authorization of the Mayor to approve a Scope of Service Agreement with the Southlake Chamber of Commerce for 1999-2000. • December 7, 1999: Council approved on consent the developer agreement for Southlake Town Square, Phase 2. Current zoning: "SP-1" Detailed Site Plan District. • December 7, 1999: Council approved on consent Resolution 99-89, State Highway 114 and State Highway 121 corridor (The.Funnel) as a project of state and national significance, and requesting that the Texas Transportation Commission direct staff to develop a multi-year phasing and funding program and to identify funds in future unified transportation plans to facilitate the express/managed alternative improvement. • December 7, 1999: Council approved Resolution 99-79, Specific Use Permit for the sale of alcoholic beverages for on-premise consumption for Blue Bamboo Chinese Bistro, located at 480 W. Southlake Blvd., Suite 101, being on the north side of W. Southlake Blvd., approximately 400' east of Shady Oaks Drive. Current zoning: "C-2" Local Retail Commercial District. • December 7, 1999: Council approved a Revised Concept Plan for Durham Elementary School, being approximately 30.475 acres on the east side of Shady Oaks Drive, approximately 840' south of W. Highland St. Current zoning: "CS" Community Service District. • December 7, 1999: Council approved a Revised Concept Plan for Florence Elementary School, being approximately 14.25 acres at the southeast corner of the intersection of Johnson Road and Harrell Drive. Current zoning: "CS" Community Service District. • December 7, 1999: Council approved a Site Plan for Walgreen's, being 2.26 acres on the southwest corner of the intersection of S. Peytonville Ave. and W. Southlake Blvd. Current zoning: "C-2" Local Retail Commercial District. • December 7, 1999: Council approved the Five (5) Year Parks Capital Improvement Program for FY 2000 through FY 2004, including FY 1999-2000 Capital Improvements Budget. • January 4, 2000: Council approved on consent a Revised Preliminary Plat of Lots 1 & 2, Block 61, Timarron Addition, being approximately 2.68 acres on the southwest corner of the intersection of Byron Nelson Pkwy. and E. Southlake Blvd. Current zoning: "R-PUD" Residential Planned Unit Development District, with "O-1" Office District uses. • January 4, 2000: Council approved on consent a Preliminary Plat of Emery Addition, being approximately 4.47 acres on the northeast corner of the intersection of N. Kimball Ave. and SH 114. Current zoning: "C-3" General Commercial District and "AG" Agricultural District. Chamber of Commerce Report January 13,2000 Page 1 • January 4, 2000: Council approved on consent a Plat Showing for Lots 5 & 6, WR Eaves No. 500 Addition, being approximately 3.799 acres on the southwest corner of the intersection of.S. Peytonville Ave. and W. Southlake Blvd. Current zoning: "C-2" Local Retail Commercial District. • January 4, 2000: Council approved on consent the First Reading of Ordinance No. 585-B, revisions to the Tree Preservation Ordinance. The Public Hearing is set for January 18, 2000. • January 4, 2000: Council approved on consent the First Reading of Ordinance No. 480-II, revisions to the Comprehensive Zoning Ordinance No. 480, as amended, regarding regulations on carports, covered parking, and parking garages on non-residential property. The Public Hearing is set for January 18, 2000. • January 4, 2000: Council approved on consent the First Reading of Ordinance No. 480-JJ, revisions to the Comprehensive Zoning Ordinance No. 480, as amended, regarding regulations on impervious coverage in non-residential zoning districts, and correcting landscaping regulations in Ordinance No. 480 to remove any conflict with the provisions of Landscape Ordinance No. 544-A. The Public Hearing is set for January 18, 2000. • January 4, 2000: Council approved on consent the authorization of the Mayor to enter into a developer agreement for Hart Industrial Park. REGULATORY ISSUES • Hotel/Motel Tax: The City will soon be considering the adoption of a hotel/motel tax. This will be a discussion item at the January 18, 2000 City Council meeting. For details or status, feel free to contact Shelli Siemer, Assistant to the City Manager, at (817) 481-5581 ext. 801. .. • Local Option Election Status: Southlake is still pursuing the voters' rights issue which would allow cities in more than one county the right to vote on issues regulated by the Texas Alcoholic Beverage Commission. The Texas Municipal League (TML) approved a resolution of support on November 17 at the Dallas meeting of TML. For further information, please contact Greg Last, Director of Economic Development, at (817) 481-5581 ext. 750. • Impact Fee Update: The City is currently in the process of an Impact Fee update. This update will be discussed during a public hearing at the Southlake City Council meetings on Feb. 1 and Feb. 15. For details or status, please feel free to contact Chris Carpenter, Sr. Comprehensive Planner, at (817) 481-5581 ext. 866. • Hotel/Motel Regulations Work Group: In the coming months, the City will be establishing a workgroup to consider hotel/motel development regulations. If you are interested in participating on this workgroup, please contact Karen Gandy, Interim Planning Director and Zoning Administrator, at (817) 481-5581 ext.743. • Park Dedication Revisions: The City Council is beginning discussion on recommendations from the Park Board regarding potential changes to the Park Dedication requirements of the `Subdivision Ordinance. Please feel free to direct your questions to Kevin Hugman, Director of Community Services, at (817) 481-5581 ext. 757. Chamber of Commerce Report January 13, 2000 Page 2 • Tax Abatement Policy Update: It is anticipated that a workgroup will begin meeting this month to discuss potential revisions to the City's Tax Abatement Policy. If you have an interest in being a part of this workgroup or wish to provide written input, please feel free to contact Karen Gandy at (817) 481-5581 ext. 743. • Potential City-Initiated Rezonings: Members of the City Council and the Planning & Zoning Commission are meeting jointly to begin discussions regarding potential rezoning of selected tracts in the City. If you have any questions, please contact Karen Gandy at (817) 481-5581 ext. 743. STAFF PROJECT UPDATES • Commercial Developer's Roundtable: The Commercial Developer's Roundtable was held on December 3, 1999, with a turn-out of approximately 50 participants. The Economic Development staff was pleased with the turn-out and participation - THANK YOU to all who attended! Topics of discussion included current commercial activity, available Economic Development Department resources, State Highway 114 status, and pending / recently adopted ordinance changes. We anticipate another roundtable discussion in late spring. If you missed this opportunity, and would- like further information, contact Stefanie Wagoner, Economic Development Specialist, at (817) 481-5581 ext. 776. • Site Inventory Guide: Economic Development staff is completing its Site Inventory Guide - a listing of vacant, potential office / commercial properties for sale throughout the City. This publication lists useful parcel information including acreage, zoning and land use, utility availability, roadway frontage, owner and broker / contact information, and a graphic representation of the property. If you would like to review a draft copy, please contact Stefanie Wagoner at (817) 481-5581 ext. 776. • Lease Space Summary: Economic Development staff has begun a major update of the Lease Space Summary, a publication which will list all available lease properties in the City. Information to be provided in this publication includes building address, owner / contact information, total square footage, high and low lease space sizes, pricing, available spaces, and existing tenants. Due to the increasing number of lease properties, we hope to maintain a continuous update procedure. If you have any questions, feel free to contact Stefanie Wagoner at (817) 481-5581 ext. 776. • Restaurant Guide: Economic Development staff has begun a "restaurant guide," to be used as a quick reference source for each restaurant in Southlake. Information to be included in the guide: specialty; address, phone, website; hours of operation; pricing; services offered (i.e. catering, meeting room availability, etc.). It is our hope to post this on the City website and include a blank form to allow citizens to suggest what other restaurants we might want to pursue for the City. We also hope to combine this with information on shopping in Southlake to create a pamphlet for distribution in local hotels, airports, etc. Please contact Stefanie Wagoner, (817) 481-5581 ext. 776, with questions or comments. Chamber of Commerce Report January 13, 2000 Page 3 • BROKER-NET: Economic Development staff has established a new program which will utilize the internet for dissemination of information to brokers/developers who are active in Southlake. Basically, this will allow for quicker lead generation and pursuit of end users interested in our market. For further details, feel free to contact Stefanie Wagoner, (817) 481- 5581 ext. 776. • Fast Facts Mailout: The Economic Development staff intends to do a mass mailing of our Fast Facts summary to all agencies and companies who may utilize or disburse information on Southlake. Please contact Stefanie Wagoner [(817) 481-5581 ext. 776] if you are aware of any company that you feel should be mailed our current factual information on Southlake for its use and distribution. • Website Enhancements: The Economic Development staff is currently working on enhanced structure and information to be developed and posted on the Southlake website (www.ci.southlake.tx.us). With ideas or recommendations, contact Stefanie Wagoner at (817) 481-5581 ext. 776. PERMIT DATA • Residential Permits: 25 issued in November; average value for 1999 through November is $293,734 which is 8.8% above the 1998 year-to-date average. 38 new residential permits were issued in December; average value for 1999 year-end is $294,783, which is 9.0% above the year-end average value for 1998. • Commercial Permits: No commercial permits were issued in November. 10 new commercial permits were issued in December. The 1999 year-end number of commercial permits is 28, compared to a 1998 year-end figure of 49. BUSINESS ARTICLES OF INTEREST • Dallas Morning News - www.dallasnews.com - 11/04/99: "Ascot extension plan fails: City promises to study other east-west connector possibilities" - 11/09/99: "Officials outline Highway 114 expansion; $67 million project should be complete by 2004" - 12/04/99: "Southlake considers carports: Planners seek rules to protect aesthetics, aid development" - 12/10/99: "Southlake residents oppose store: Walgreens plan approved in spite of traffic concerns" - 12/15/99: "New Sabre chief left high prospects at SBC" - 12/15/99: "Sabre's spin-off to boost American's independence - 12/18/99: "Trophy Club; developer fight Southlake plans to close road" - 12/23/99: "Trophy Club leaders vow to oppose road closure" - 12/25/99: "536-acre commercial, residential project planned along north side of Highway 114" • Fort Worth Star Telegram - www.star-telegram.com - 10/14/99: "Southlake pictures 20-screen cinema at Town Square" - 11/02/99: "Southlake weighs plan on traffic near schools" 11/06/99: "Continued growth expected in region" Chamber of Commerce Report January 13, 2000 Page 4 11/09/99: "Texas 114 widening is topic in Southlake" 11/29/99: "Southlake ponders rules for carports" 12/06/99: "New Carrol facilities to be discussed" - 12/07/99: "Carroll building plans raise some concerns" 12/11/99: "Southlake might be sued over road access" 12/14/99: "Group gears up for Southlake transit service" 12/29/99: "529-acre business park planned in Southlake" • Dallas Business Journal- www.amcity.com/dallas - 10/1/99: "GenCap to build second phase at Cornerstone Business Park" - 10/1/99: "Lexford Property Management to move into office at Cornerstone" - 12/10/99: "Terra Land plans custom homes in Southlake" • Grapevine Sun - 11/04/99: "Highway projects threatened" - 12/16/99: "Sabre set to break ground" - 12/19/99: "Setting the pace-Southlake welcomes Sabre development" - 12/26/99: "Suburbs help push Metroplex growth to top of charts" - 12/26/99: "Area cities report rising tax rebates" - 12/30/99: "Metroport planning Austin visit" • Colleyville News & Times - 12/10/99: "Southlake council approves parks budget, teen center" - 12/24/99: "Judge delays decision on disputed zoning case" - 12/31/99: "1999 a year of change in Southlake" • Southlake Journal 11/5/99: "Future Southlake library designed to reflect public's interests" - 12/03/99: "Gateway development's location, businesses expected to bring more shoppers to Southlake" - 12/16/99: "City council approves several new developments" • Southlake Times - 11/18/99: "Southlake nearing end of Town Hall project" • Site Selection - www.sitenet.com - November 1999: "Sabre transports Southlake to new heights" For further information contact: Department of Economic Development - Phone: (817) 481-5581 / Fax: (817) 251-9051 Greg Last, Economic Development Director, ext. 750, glast@ci.southlake.tx.us Stefanie E. Wagoner, Econ. Dev. Specialist, ext. 776, swagoner@cityofsouthlake.com Elyse Wampler, Econ. Dev. Intern, ext. 801 Copies To: City Council Planning and Zoning Commission Carroll ISD Board of Trustees Billy Campbell, City Manager N:\Econdev\AGENCIES\COC\Reports\2000\I-13-OO.doc Chamber of Commerce Report January 13, 2000 Page 5 January2000 Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 7:00 PM City Coun- 6:00 PM SYAC @ 6:30 PM P&Z Mtg KSB Litter cil Mtg @ City Hall Comm Ctr @ City Hall Pick-up 7:00 PM Crime 7:00 PM SPIN 7 Control @ City Hall &8 Meeting @ Sr Ctr 9 10 11 12 13 14 15 2:00 PM SPIN 7 7:00 PM Park Board 1:15 PM Sr Adv 9:30 AM Maroport Tramp. 6:30 PM Special P&Z 12:00 PM Trail &8 Meeting@ Mtg @City Halt Cmte Cate.*Grapevine Mtg @City Hall 5:00 PM Youth Park 6:30 PM THU Board Mtg System Master CISD Annex 6:00 PM Stan Key re: Board @ Grapevine @ DPS Trng Rut Plan Kick Off @ nville @ Rec.Car. 7:00 SPIN Standing Admin. Comm.Ctr. Admin.Conf.Rm. 6:00 PM Drainage Committee @ Sr Cur 7:00 PM Drug and Ord.Review @ 8:00 PM CIAC Mig-DPS g Admin.Conf.Rm. Trug Rm Alcohol Awareness 7:00 PM Sister Cities Mtg 9:00 PM Special City Council Committee @ Sr Ca *city Halt 16 17 18 19 20 21 22 Martin Luther King 12:00 PM V.Truitt 8:30 AM Metroport 7:30 AM Metroport 8:30 AM-3:00 PM Holiday-City Of6c- Luncheon @ Trans.Cmte.@ @ Trophy Club SPIN Orientation es Closed Harvey Hotel Grapevine 6:00 PM JUC @ @ BSA Center 5:00 PM SPDC 6:00 PM SYAC @ CISD Admin. Special Meeting @ Comm Ctr Annex City Hall 7:00 PM KSB Mtg 6:30 PM P&Z Mtg 7:00 PM City Coun- @ Comm Ctr @ City Hall cil Mtg @ City Hall 23 24 25 26 27 28 29 11:30 AM chamber Lunch @ 3:00 PM TMB Meet- 9:00 AM Metroport Solana ins @ Sr.Ctr. SH 114 Hearin 6:00 PM SPDC will be*Sr. g g in Co. 5:00 PM City- Austin 6:30 PM CIAC w/CC*Sr. Initiated Work- 5:30 PM Residential Cu.D(C) following group @ Admin Growth Meeting @ 7:00 PM Police Accreditation Conf.Rm Admin.Conf Rm. Public Hearing*City Han 7:00 PM Library Board Meeting @ City Hall 30 31 Meetings subject to change. As meetings come up or change we will notify you. Please call for more information prior to attending. City of Southlake, Texas STAFF REPORT January 7, 2000 CASE NO: ZA 99-120 PROJECT: Ordinance No.480-323/1"Reading/Rezoning and Site Plan - Carroll I.S.D. Middle/ Intermediate School STAFF CONTACT: Karen Gandy, Interim Planning Director, 481-5581, ext. 743 Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Rezoning and Site Plan on property legally described as Tracts 1, 1A, 1 C, 1 D,and 3A situated in the John A. Freeman Survey,Abstract No. 529, and being approximately 37.416 acres. PURPOSE: CS Zoning is required for the school use. Site Plan approval is required due residential adjacency. LOCATION: On the west side of South Kimball Avenue approximately 900' south of East Southlake Boulevard (F. M. 1709). OWNER/APPLICANT: Carroll Independent School District CURRENT ZONING: "SF-20A" Single Family Residential District REQUESTED ZONING: "CS" Community Service District LAND USE CATEGORY: Public/Semi-Public and 65 LDN Overlay Corridor NO. NOTICES SENT: Twenty-three (23) RESPONSES: Six(6)responses were received from within the 200' notification area: • 620 S. Kimball Partnership, 595 S. Kimball Avenue, Southlake, TX, opposed. "Traffic and safety issues were not addressed. No access to the home at 620 S. Kimball Avenue from south." (Received December 8, 1999.) • Jeff and Chung-Ming Wang, 595 S. Kimball Avenue, Southlake, TX, opposed. "Traffic and safety concerns were not addressed. No access was provided to homeowners traveling from north." (Received December 8, 1999.) • Chin and Whey-Ping Po, 305 S. Kimball Avenue, Southlake, TX, opposed. "Traffic design did not consider the safety and access issue for the property owners on east side of Kimball Avenue." (Received December 9, 1999.) 3 A -! ' City of Southlake, Texas • George and Corrine Tuttle, 219 Eastwood Drive, Southlake, TX, in favor (with concerns,) "l: drainage-water detention area not extended to S.W. corner. 2: Lights on football field. 3: Outdoor speaker system & PA system w/ future press box. 4: water detention area-grass or cement?How will it be maintained? &by whom?" (Received December 9, 1999.) • Jack S. Petty, 616 S. Kimball Avenue, Southlake, TX, in favor. "But require an 8' wall on the south side of the school property prior to construction starts. This will protect the children from being hurt or killed from the ostriches in the field." (December 10, 1999.) • Janice Miller, 165 S. Kimball Avenue, Southlake, TX, opposed, "City of Southlake will proceed with this proposal whether or NOT I approve." (December 16, 1999.) A letter was received on December 8, 1999, from three (3) homeowners on South Kimball Avenue who live within the 200' notification area. (See attached letter.) Three (3)responses were received from outside the 200' notification area: • John G. and Martha T. Taylor, 209 Eastwood Drive, Southlake, TX, opposed, "L The road entering the north side of the property needs to be removed from the plans—this would create a traffic hazard for children on the school grounds. 2. Drainage problems along the western boundary have not been completely addressed." (Received December 9, 1999.) • Otis T. Welch, U.S. Department of Transportation, See attached letter. (Received December 9, 1999.) • Karen L. Robertson, Manager Noise Compatibility Office, Dallas/Fort Worth International Airport, opposed, "The Airport Board does not support the development of a school,or any other noise sensitive land uses, at this proposed site." See attached letter. (Received December 9, 1999.) P&Z ACTION: December 9, 1999;Approved(7-0)to table and to continue the Public Hearing to the January 13, 2000, Planning and Zoning Commission meeting instructing the applicant to take whatever steps are necessary to address the concerns raised tonight in writing and submit them to the homeowners before the holidays so they can have time to consider the school district's proposals. 3A -Z • v City of Southlake, Texas STAFF COMMENTS: Attached is Site Plan Review Summary No. 1, dated December 3, 1999. NACommunity Development\WP-FILES\MEMO\99CASES\99-120ZS.doc 3� -3 ■1 Hill son 10. NMI rld ��' - - 14.586 AC I 1 ��`_l� I j � SSfJ AC 1' If W 'G 0114No. jl ,.79G5 I U EEMAN "AG" i 5�JR O "B 1„ GREENWAY-1709/ELEVEN PARTNERS SOUTHLAKE PLAZA 11 LTD PRTN j I J.MILLER R.TEETER• i I A 1 SOUTHLAKE LAND LTD. II "SF-1A" i� I j H CARR II M.MAYFIELD , II I TR 1C II —�ik , /\ / 12.135 L+ ,1 C.DORRIS "SF-1 A" :1 ii C.PO � I TR 1D _.-- 5.6 11 T.THOMPSON 18R L.FAUGHN �I I — 1 TR 1 5 , 1 "SF-1 A" i, 171 G.THAYER "SF-1 A" G.THOMPSON j ----- — -- TR 1 � / AC �I i 16 G.TUTTLE '1 ' �I C.JOHNSON I , -------�----------- -- TR 3A -� 13.408 15 J.LOGAN I J.WANG//I� "SF-1 A" ' 1 D.MINDER II j "SF-1 A" I /620 S.KIMBALL PRTNSHP LTD Ij D.FAGLIE J.PETTY „AG„ a _ 13-R1 "AG" TR (' 3C TR 3B j 1 .14 1 AC AC „ TR 6G TR 4Ai t -- ---- ------ _. >< 27 26 2 AC 1.17 AC 1 29 28 B 5 — � 25 TR 6H TR 6K .684 AC 4A4 j TR ANT}� G� 32 �s� 23 _ �.2.4. GN ��,; —u. ,1 I a _---K_� 1. ,)1 tl j TR 6K1 1 20 \� 1 1 R 1� 8 AC n 19 1 6 + 35 W 13 x i6 F „ n ADJACENT OWNERS C.1f1l I W " A� A ., ----- �' '�9 �,Z N � Rtnr,T 5 � o TIROOKS[IIRE 1 DR" Attn: Chairman Creighton and Members of Commission From: Homeowners of South Kimball Avenue, Southlake Date: 12/07/99 Subj: ZA 99-120, Rezoning and Site plan for CISD Proposed Schools on South Kimball It has been a very frustrating experience in dealing with CISD proposed projects along South Kimball. District officials and their consultant have been unwilling to meet with neighbors to discuss their plans. They declined to attend our SPIN meeting on 09/02/99, 6 months after bond election, citing no information was available. TPM also told board members, during their presentation on 10/13/99, that they would meet with neighbors in early November. Finally, we had a chance last night, two days before the review by Planning and Zoning Commission, to meet with them and voice our concerns. The meeting proved to be a one way communication, again. We addressed all our concerns while they provided no promise and solution. They refused our request of tabling the site plan review, which would allow them to review and resolve residents' concerns. Both Dr. Gillum and TPM claimed that any delay would impact their construction schedule. However, any rush of design and planning will put residents' properties and safeties in risk, FOREVER. More than 9 months after bond election, all of sudden, a few days has become so critical to their projects. Following is a list of unanswered concerns in last night's meeting: 1. Traffic and safety concerns: In their design of medium cuts and turn lanes, the accessibility of homes on the east side of South Kimball was totally disregarded. Every driveway of these homes will be blocked according to their plan. At the same time, they are proposing medium cuts at the drop-off exists to allow cars and buses to cross center and turn left. This left turning traffic will not only prevent homeowners entering South Kimball but also create deadly collision points due to dense trees and elevation changes. Recommended solution: relocating the medium cuts and make both exits as right turn only. The medium at the exits will force cars, buses to turn right and eliminate the collisions. They will also serve as screens to block the lights from cars and buses shooting directly into homes across from the street. The other concern is the traffic backup on South Kimball from the entry of parents' loop. TPM claimed 75% of the 1,600 students will ride buses, which will result in about 40 to 50 buses. The 25% will result in about 280 cars, assuming 30% of them have children attending both schools. These cars will arrive between 7:15 am and 8:15 am. For every 11 seconds, one car (or bus) has to enter schools from South Kimball. This number does not account for traffic created by faculties and commuters. The north bound of South Kimball will be jammed all the way to Continental. How can parents from the east side of the street drive their children to schools in Grapevine? p Q. ( a t REC'D K 0 0 R 1999 3A -4 2. Lights and noise: According to TPM, they will incorporate lights that will be so technology advanced that we will not see the lights in the practice stadium and at the front of the schools. We hope there is such a technology available by the time of construction. However, they did plan to install loud speakers at the stadium and around the buildings. Class bells and announcements will be heard loud and clear during the school hours and game times. They provide no answer to this concern. 3. Parking: For two schools and one stadium, only 396 parking spaces (plan shows only 375) are planned, including parking for buses, disabilities, and employees. Where will parents park when schools hold open houses and other functions? 4. Other Issues: Homeowners at the east side of South Kimball are picking up their mail at the west side of the street now. They will be forced to cross a 4-lane street to pick up mail if the delivery route does not change. CISD has had no discussion with the Postmaster so far. 5. Construction Phase: TPM indicated that the south exit of the bus loop will be used to move construction equipment and materials into and out off the site during the construction phase. This exit faces directly toward the driveway (17' away) and the home (168' away) on 595 South Kimball. CISD provides no plan of how to prevent lighting, noise, debris, safety concerns created by their construction vehicles. These are the major concerns we have but not yet addressed by the CISD and their consultants. We strongly urge our commission to deny their request and have them work with neighbors to resolve our concerns, just like every other developer has to go through. We do not reed to have CISD show our children how not to play by the rules. These concerns, if not resolved, will impact our life as soon as the construction is started and will last forever. Sincerely Yours, Jeff Wang, 595 South Kimball Avenue C.S. Johnson, 495 South Kimball Avenue Chin Po, 305 South Kimball Avenue 3A-� R V� •t}f ,�r a• I • J *. Proposed - . r // / .1 /•.� ., I y C I S D • q / l� I ;R M r 1 t • f. • • Recommended Medium Cuts �� Tiof I 1i,h,,IL '� ; ` �u• "'lug ��, `� d ♦ is � � :: t;1�'ail;► • s� O� �� 34y 1/4/t P.02 DEC-e9-99 16. 30 FROM=PUBLIC AFFAIRS/NOISE OFC. 10-972 674 e544 PAGE 2i3 IDFW'11�-Y Je" RFegan Dallas / Port Worth IniernYtloasl Airport E4ecvvive Di vc1L r Dcc=ba 9, 1999 Ms.Ante Creighton Chairman Planning&Zonuig Commission tarty of Southlake 1721 E.Southlake Blvd., Suite 1OO Southlake,Texas 76092 RE: PIanning&Zoning Commission Agenda Item Reference No. ZA-99-120 Dear Ms.Creighton: Please allow me to address an agenda item slated for the December 9, 1999 meeting of Southlakc's Flaming&Zoning Commission The agenda is to consider a zoac change and site plan for Carroll ISD Middle.Tntermediate School to be located southwest of South Kimball Avenue and East Southlake Boulevard,Casa No. ZA-99-120. For reasons slated below, the Dallas/Fort Worth International Airport Board ('DFw') does not support the proposed zone change and site plan. The subject property is situated adjacent to DFW's 75 DNL noise contour and is located immediately southwest of the extended runway owtertmc for Runway 13L13IR.approximately 2.5 statute miles from the math end of this runway. The property is subject to routine and regular ovatlights by aircraft operating to and from DFW international Airport. Due to this proximity,the site's compatibility and appropriateness should be considered based on standards for land uses%ithin the 75 DNL contour_ The Airport Board does not support the devvlopmer±t of a school, or any other noise sensitive land uses, at this proposed site. However,in the event the City determines the project and its location arc in the Cir}'s best im erest, the Airport Board strongly recommends the following eon�htions of approval: 1. An avigation easement for the property be obtained naming the DFW International Airport Board and the Cities of Dallas and Fort Worth using language to be provided by DFW. 2. TAe City require mandatory building shell noise reduction be incorporated into the building design, noted on the fmal building plans,and verified during the building inspection process. 3_ The City require a minimum building shell desi_p of 40 NLR(Noise Level Reduction). Cmater values would afford additional sound auenuatiiig properties to the school. Theme you for your consideration of this matter. Please contact me at your convenience should)ou like to discuss our comments further. Sincere y, Karen L.Robertson Manager Noise Compatibility Office cc: Dr_Ted Gilhua,Mary Emma Karam A4 MWrW*s Offccs ♦ M Ease Airfield Vnn PW oboe Omer 61%ug • OFIM Aifwr,7eW 75261-WS 972tSir-60M OECD OE C 0 9 1999 3A - 10 ....�� v�-tea Wa . iJf 34y 1 /4/t N.02 DEC OQ '99 1J=1 7 FP FAR TX ADO ASLI-650 81722 25999 TO 93291747 P,02/03 0 U.SDeparnnent Se.nnwasr Req,on Fort worm Tees 76193•C GO Of tt+onsporrorlon iu*an:as tov,s-ana. New Menco.OKtanoma feda AN umlm Texas AsAfwhourOn December 9, 1999 City of Southlake Planning and Zoning Cortunission 1721 E. Southlake Blvd. Suite 100 Southlake,TX 76092 Dear Planning and Zoning Commission: It has come to our attention the City of Southlake is currently considering rezoning and site plaits for two schools proposed by the Carroll Independent School District(ISD). The specific actions are being considered at The Planning and Zoning Commission Mcctitig schcduicd for December 9, 1999 and are as follows: Site Plan for Johnson Elementary School(ZA 99-109)proposcd fur the Northcast corner of the intersection of North Carroll Avenue and East Highland Street. Rezoning and site plan for Carroll ISD Middle/Intermediate School (ZA 99-120) proposed for the west side of South Kimball Avenue approximately 900-feet south of East Southlake Boulevard(F-M. 1709). The Federal Aviation Administration(FAA)does not attempt to influence local land use decisions. We do,however,want to take this opportunity to make sure you are aware of the fact that the proposed school sites are directly on the extended centerline of Runway 13R/31L at Dallas/Fort Worth International Airport. Specifically,the proposed Carroll ISD Middle/Intermediate School is approximately 2.5 miles &orn the Runway 13R threshold,while the proposed Johnson Elcmcntary School is approximately 4.1 miles from the Runway 13R threshold. Both schuol sites will cxperieace routine and regular aircraft ovaflights by all types of aircraft and}will be subject to aircraft noise on a regular basis. Review of DFW Airport noise contours as stipulated in the 1988 settlement agreement, and as used by the City of Southlake,the Middl4ritermediate School is located adjacent to the 75 DNL noise contour,while the Johnson Elementary School is located in approximately the 72 DNL noise contour. Please note that,per FAA Put 150 recommended land use compatibility guidelines(as duplicated in the City's zoning ordinance)the 75 DNL is the maximurn exterioi noise that is recommended to be mitigated for a tolerable interior noise environment. COMMITMENT TO EXCELLENCE--OUR COMMITMENT TO YOU f fED D E c 091999 3 —f( vat. t.ar —14W 1/4/t P.03 DEC 09 '99 14-18 FP. FAA T\ ADp A5W-650 817?2?598q TO 93Z91"j, P.01,03 2 The FAA recommends that communities consider aircraft noise impacts when making land use decisions. If communities determine that residential or school uses must be allowed in areas impacted by aircTaft noise 65 DNL or greater,measures should be incorporated into the building structures to achieve minimum outdoor to indoor noise level reduction. In both cases, a minimum of 35 dB NLR should be achieved in a!1 structures at both proposed school locations Greater noise level reduction values are encouraged. Please be aware that exterior noise levels will not be affected by the noise level reduction, and that aircraft noise will be relatively loud in outdoor areas. We encourage you to thoughtfully consider the proposed locations for the schools and the aircraft noise impacts that may be experienced at the sites. If your ultimate decision is to approve the rezoning and site plans,we would encourage you to inquire an outdoor to indoor noise level reduction to enhance the teaching/learning environment inside the buildings. Sincerely, ��—I Otis T. Welch Manager, Texas Airports Development Office CC' Ms.Karen Robertson,Manager Noise Compatibility Office r DFW Intemational Airport P_O. Drawer 619428 DFW Airport,TX 75261-947A COMMITMENT TO EXCELLENCE—OUR COMMITMENT TO YOU TOTAL PAC.E.03 #• 3A - 1Z City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 99-120 Review No: One Date of Review: 12/03/99 Project Name: Site Plan- Carroll I.S.D. Middle/Intermediate School APPLICANT: ARCHITECT: Carroll I.S.D. Total Program Management 1601 E. Lamar Blvd., Ste 200 850 W. Airport Frwy., Suite 101 Arlington, TX 76011 Hurst, TX 76054 Phone : (817) 548-0696 Phone : (817)427-7500 Fax : (817)265-8532 Attn: John Craft Fax : (817)427-4708 Attn: Mark J. Daniels CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/15/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. General DevelopmentStandards Applies Comments Corridor Overlay Regulations N Residential Adjacency Y See Comments No. 1-4 Building Articulation Y See Continent No. 5 Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y See Comment No. 6 Interior Landscape Y See Comment No. 6 Driveways Y See Comment No. 7 1. The following changes are needed with regard to building setbacks: a. The intermediate school appears to encroach above the 4:1 slope setback line from the south property line by approximately 6' at the southwest building corner. The proposed "future classroom" addition, could not exceed approximately 18' in building height without encroaching the slope line. b. Correct the front building line to 30' and the south and west to"Minimum 40' BL or 4:1 Slope Setback for buildings greater than one story or 20' in height." 2. Show the location of all trash dumpsters noting the type and height of screening device. A gated minimum 8' masonry screen wall, similar to principal structure,is required to screen dumpsters. 3A - �3 City of Southlake, Texas 3. A minimum 10' masonry wall, similar to principal structure, is required to screen the view of the loading docks. It appears walls are shown on the east and west sides of the dock area. Label the wall with height and type of material. 4. Show the location of mechanical equipment. Insure that all equipment is screened of view. Screening for rooftop mounted equipment must be architecturally integrated with the building 5. Provide Vertical and Horizontal Articulation in accordance with the requirements of Ordinance 480, Section 43.13d. Compliance is as shown on the attached evaluation chart.Please note that evaluation is based on scaled distances. 6. The following changes are needed with regard to bufferyards and interior landscape areas. a. Show and label the width and type of proposed bufferyard on the graphic. Distinguish the bufferyard areas with dashed lines and cross hatch or shading. b. Correct the Bufferyard Note No. 1, in"Other Notes"below the calculation chart,to the following: Where parking is provided between the building setback line and public R.O.W., shrubs obtaining a mature height of three feet(T)or greater must be planted at a maximum spacing of thirty inches(30") on center continuous along all paved edges of the parking or drive areas. C. Clearly show the location of all interior landscape areas to be provide d on the graphic(use shading or cross hatch to distinguish). Correct the areas and plantings based on the following criteria: Landscape area required=30%of the floor area of the largest floor of each proposed new structure. Number of canopy trees required = 1/500 sf of req'd landscape area Number of accent trees required = 1/250 sf of req'd landscape area Number of shrubs required = 1/ 40 sf of req'd landscape area Square footage of ground cover = 15 % of req'd landscape area Square footage of seasonal color = 2 % of req'd landscape area d. 20 square feet of landscape parking islands/parking stall is required in each row of parking. This includes rows of parallel spaces. If curbed, islands must be a minimum of 12' wide back of curb to back of curb,uncurbed,a minimum of 13' wide, edge to edge. Islands must be equal in depth to the adjacent spaces. The front row,row west of the intermediate school and the parallel rows are deficient. All islands must meet minimum dimensional requirements for credit. 3A -14 City of Southlake, Texas 7. The following changes are needed with regard to driveways: a. Show the location and distance to existing driveways along the west side of Kimball north and south of the site within 250' and driveways along the east side of Kimball. b. Spacing between the south driveway and south"loop"driveway do not comply with the minimum 250' spacing requirement. Staff recommends that the south"loop"driveway be reconfigured to intersect the south driveway rather than Kimball Avenue. The point of intersection must be a minimum of 100' from the proposed Kimball R.O.W. in order to meet the stacking requirements. C. Driveways cannot intersect the transition area of the deceleration lane. The north driveway intersects the transition area. Staff recommends that a minimum 12' x 100' with 100' transition be shown north of the north driveway, with a 12' stacking lane extending to the north"loop"driveway. d. Label all driveway,return and fire lane radii. * Construction of deceleration lanes,both on and off site,will be coordinated with the construction plans for South Kimball improvements. * The north driveway is noted to be a"future street"on the site plan. Actual dedication of right-of-way is dependant upon future development of the adjoining properties. With this possibility in mind,.staff recommends that the western portion of the driveway be configured to allow a 90° intersection with the"future street"and to permit the required 100' of stacking depth from the right-of-way line. 8. Show the location, orientation,type and height of intended lighting, signs,and exterior auditory. All lighting must comply with Lighting Ordinance No. 693-B 9. Based on information provided,437 parking spaces are required for this phase of construction. The plan shows 398 spaces provided. 10. Label the fire lanes on the plan. 11. Label all proposed surface materials for walks,drives,parking and pavement areas, etc. 12. Label sidewalks, including width and type of material. Sidewalk along Kimball must be a minimum of 6' in width,meandering and no closer than 2' to the curb or grade line of the street. 13. Note the location,type, and height of all walls,fences, and screening devices. Provide a minimum 8' high screening device along the south and west property lines as required by Ord. 480, Section 39. 14. Dimension the distance between buildings and distance from building to property lines the closet property lines, at 90°,from each building corner. 3A -IS City of Southlake, Texas 15. Show and label the boundary as proposed by the plat as well as existing tract boundary. 16. Correct the Land Use Designations according to the approved 1998 Land Use Plan. 17. Label the existing zoning of all adjacent properties. 18. Correct or provide the following Site Data Summary information:, Site Data Summary Land Use Designation, (correct to public/semi-public) Gross Acreage Area of Open Space (insure that all pavements such as walks, running track, etc. have been accounted for) Percentage Open Space Proposed Bldg.Area (Break down by building) Number of Stories (Both appear to be two story buildings) Proposed Floor Area (By building and use with total, include any accessory structures) Required Parking (Based on provided data, 437 spaces required) 3A -l(o * Approval of this plan does not establish approval for South Kimball Avenue construction improvements. Construction design has not been finalized. * Approval of a revised site plan will be required prior to issuance of a building permit for"future" classrooms and gymnasium. * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 65% for the"CS" Zoning District. * Although not required by ordinance, staff would appreciate placing the City case number"ZA99- 120" in the lower right corner for ease of reference. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans,must.be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water& Sewer Impact and Tap Fees,and related Permit Fees. * Denotes Informational Comment att: Articulation Evaluation Chart cc: John Craft, Carroll I.S.D. VIA: FAX ABOVE Mark J. Daniels, Total Program Management VIA: FAX ABOVE Gordon Johns, Cheatham&Associates VIA: FAX ABOVE L:\COMDEV\W P-FILES\REV\#SPLAN-i.WPD 3A -1- F Articulation Evaluation No.1 Pg. 1 of 2 Case No. ZA 99-120 Date of Evaluation: 12/03/99 Elevations for CISD Intermediate and Middle Schools Geceived: 11/15/99 ntermediate School,South Building Front-facing: East wall ht. = 33 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 99. 105 6% No 99 193 95% No Min. artic. offset 5 4 -20% No 5 4 -20% No Min. artic. length 26 12 -54% No 49 22 -55% No Rear-facing West wall ht. = 33 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 99 145 46% No 99 197 99% No Min. artic. offset 5 8 60% Yes 5 4 -20% No Min. artic. length 27 12 -56% No 49 33 -33t No Right-facing: North wall ht. = 33 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 99 68 -31% Yes 99 190 92% No AN"Min. artic. offset 5 4 -20% No 5 1 -80% No in. artic. length 17 4 -76% No 48 74 54% Yes Left-facing: South wall ht. = 33 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 99 65 -34% Yes 99 108 9g No Min. artic. offset 5 8 60% Yes 5 1 -80% No Min. artic. length 16 41 156% Yes 27 8 -70% No 3A -10 Articulation Evaluation No.1 Pg. 2 of 2 Case No. ZA 99-120 Date of Evaluation: 12/03/99 Elevations for CISD Intermediate and Middle Schools Received: 11/15/99 Middle School,North Building Front-facing: East wall ht. 32 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall 96 115 20% No 96 198 106$ No Min. arti 5 5 0%- Yes 5 2 -60% No Min. arti 27 15 -44$ No 50 8 -84% No Rear-facing: West wall ht. 32 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall 96 145 515k No 96 198 106% No Min. arti 5 8 60%- Yes 5 2 -60%- No Min. arti 27 12 -56%- No 50 8 -84%- No Right-facing: Northwall ht. 32 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall 96 95 -i%- Yes 96 146 52t No Min. arti 5 5 0% Yes 5 2 -60% No Min. arti 15 5 -67%- No 37 52 41% Yes Left-facing: South wall ht. 18 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall 54 190 252%- No 54 119 120% No Min. arti 3 4 33% Yes . 3 15 40091 Yes Min. arti 48 8 -83%- No 29 71 145% Yes rr I City of Southlake, Texas TREE PRESERVATION ANALYSIS (Non-Residential Development) Case: 99- 120 Date of Review: 11-24-99 Number of Pages: 2 Project Name: Carroll I.S.D. Middle/Intermediate School(Rezoning/Site Plan) OWNER: PREPARED BY: Carroll I.S.D. Cheatham&Associates 1101 N. Carroll Ave. 1601 E. Lamar Blvd. Suite 200 Southlake, TX 76092 Arlington,TX 76011 Phone: (817)481-0810 Phone: (817)265-8532 Fax: Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817)481- 5581 EXT. 848. TREE PRESERVATION COMMENTS: 1. The applicant submitted a Tree Survey which meets the requirements of the Tree Preservation Ordinance. 2. Please provided a Tree Mitigation Summary Chart which specifies the total amount and total diameter inches of protected trees being removed that are not within the public R.O.W., public utility or drainage easements as shown on an approved Final Plat, fire lanes, required parking areas and area within six feet(6')of the building foundation as shown on the Site Plan 3. Existing Protected Quality Trees on the site include all of the following trees 6" DBH and greater: Pecan, Cedar Elm, American Elm, Post Oak, Black Jack Oak and Eastern Red Cedar. Existing Protected Understory Trees 2"DBH and greater include Persimmon, Mexican Plum and Red Bud. Other tree species as located on the Tree Survey are not protected. 4. The only two areas that the applicant is proposing to preserve existing trees are along South Kimball Avenue in an area approximately 380' x 120'. This area contains 19 Protected Trees and four (4) water lines are proposed to be placed within it. The other area is along the North property line and is approximately 460' long horizontally to the North property line and varies in width because of the placement of the parking lot. It contains 18 Protected Trees and 9 Marginal Trees and a 12" diameter water line with a 6" fire lead is proposed within it. What ever is not destroyed by the installation of the water line the Future Street Extension along the North of the property will be removed. BUILDING INSPECTIONS 3A - Zo City of Southlake, Texas Case No. 99-120 Review No. One Dated: 11 —24- 99 Number of Pages: 1 Project Name: Carroll I. S. D. Middle/Intermediate School Contact: Keith Martin, Landscape Administrator Phone: (817) 481-5581, x 848 Fax: (817) 421-2175 The following comments are based on the review of plans received on 11 - 15 - 99 . Comments designated with a (#) symbol may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. LANDSCAPE COMMENTS: * Please locate and identify all required bufferyards on the Site Plan. * The applicant is proposing to double the width of the required bufferyards and take a 20% reduction of required plant material as permitted in section 42.4 Bufferyards, of the Zoning Ordinance. * The calculated required interior landscape area at (138,500 sq/ft) (30%) = 41,550 square feet of required interior landscape area. The applicant is showing required interior landscape area over what is required for the zoning percentage of floor area on the site. TREE PRESERVATION COMMENTS: * Please provided a Tree Mitigation Summary Chart which specifies the total amount and total diameter inches of protected trees being removed that are not within the public R.O.W., public utility or drainage easements as shown on an approved Final Plat, fire lanes, required parking areas and area within six feet(6')of the building foundation as shown on the Site Plan * See attached Tree Preservation Analysis. BUILDING INSPECTIONS i City of Southlake, Texas * Grade Changes: No grade changes shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are approved by the Landscape Administrator or if grading is as directed by the City's Drainage Inspector. * Preserved Tree: A protected tree shall be considered to be preserved only if a minimum of 75% of the critical root zone is maintained at undisturbed natural grade and no more than 25% of the canopy is removed due to building encroachment. * All area within the public R.O.W., public utility or drainage easements as shown on an approved Final Plat and the fire lanes, required parking areas and area within six feet (6') of the building foundation as shown on an approved Site Plan shall be exempt from the tree protection and replacement requirements specified in the Tree Preservation Ordinance 585-A. * All requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety of this lot. Please be aware of the penalties of not applying the tree preservation protection methods required by the Tree Preservation Ordinance 585-A. BUILDING INSPECTIONS 3�-22 rn It - j - a .f a W lil z - L1 gIt It r_ '• ys j�` ! - ;.k 6k Uk i •• i a l ! 1 1 ! 1 � EJr LIED = LOW DENSITY RESIDENTIAL , ! ' F 41E ADOV,OAKS ADDITION VOLIM(E 388-129. PAGE 39 SIR 1 _ .A. .. .. I. • - -_ - 6 A't�t� \]�A�,'``w. '��y i•(luuh 1ttt�rtt�� 3� � :` e - - y i �" i,Cl'IF(•- x r]Ix�rsrl mnm onr n.«_,• fit ZZ OONt .. � I, LCE I, A- I l0 DON` . _. ..__ a1 •1' � I NO l Io0v SFVO AM Ill - ~aO ! V L jS 03NOZ d `.1 -1V1.LN3O1;S38 A-H�N30 MOl1= Ofll I 1 3A-23 m m u .-a - -- � 0 z - i _ e z O co zo a ■ � U - -_ °o i U z WLu Ow O F aZW a a --- O 0 w - — 3 w`�z i W --- o_ -- g oo� -- z z�p 3A -Zy cc n If".1 rn rn z I � i i s - s _ z e h F- i I wp -- '0 -- -1 U ---- z o(o) 0 U�F- Q �WW wwo F (I w , a - gOW w W 2O N - pw� s 3 - zz ZKO _ 0 a� �p WHII ! 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I Ill'.1'1''!I 1 � - I 'll•pnnl l'• I iI I - / I J rr ' AI[11. 1 ( I t" s-oa' 1 G O Fp �,i i i t i I I •.�1 j pEo \V l C O a y0 oo [ t V U C C O C E]—O II i 1 tl I I li m you •E �a-�pi� i I 1 !'��•. .., i �' O ppnpomeo�� oa'- oio�voo, N VW—v �p a Un N e0 0p"-E y— i C U a U 0 .0 •_a rJ X V•1-V 1-— illy li v I � I I j I C II II O p zp _ 11 I _ i ! � � i .I''. 1�,.' ,I I I jl I Il;.d •`.I I,.'ll� I , i I j Ilt• I I i1 • i CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-323 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS41' 1A,1C,111 AND 3A SITUATED IN THE JQHN X FREEMAN'SURVEY, ABSTRACT NO. 529; AND BEING APPROXIFMATELY A16 :ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT TO `GCS" COMMUNITY SERVICE DISTRICT AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", 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 (W 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 NACOMMUNITY DEVELOPMENTIWP-FILES\ZBA\PENDING\480-323.DOC Page 1 3 A �� / WHEREAS, the hereinafter described property is currently zoned as "SF-20A" Single Famil "de under ,y Resx n�tal,Illstnct der the City s Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake,Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably (W 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, (W NACOMMUNUY DEVELOPMEtMWP-FILES\ZBA\PENDING\48P323.DOC Page 2 3 A r 3 O WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them,that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets,helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby (W NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-323.DOC Page 3 3 A/A f amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts 1, -A; 1C, 10, and 3A situated in the John A. Freeman Survey, Abstract No. 529, and being approximately 37.416 acres, and more fully and completely described in Exhibit "A" from "SF-20A' Single Family Residential District to `.`CS"Community Service'District, as depicted on the approved site plan attached hereto and incorporated herein as Exhibit "B", subject to the specific requirements contained in this ordinance. 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 (W 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 P Y g , paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, (W sewerage, drainage and surface water, parks and other commercial needs and development of the WCOMMUNITY DEVELOPMENMWP-FILES\ZBA\PENDING\480-323.DOC Page 4 3�-3 Z- community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person,firm or corporation who violates,disobeys,omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480323.DOC Page 5 3 A ,J 7 zoning which have accrued at the time of the effective date of this ordinance; and,as to such accrued violation 1 s 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 ,2000. MAYOR ATTEST: (W CITY SECRETARY NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-323.DOC Page 6 3A -3Y r � PASSED AND APPROVED on the 2nd reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-323.DOC Page 7 3A -35 EXHIBIT "A" Description All of that certain parcel or tract of land_situated in the JOHN A FREEMAN SURVEY,Abstract No. 529,Tarrant County,Texas and embracing 12.135 acre tract described in the deed to Kimball Ridge Limited as recorded in Volume 12593,Page 1825 of the Deed Records,Tarrant County,Texas and embracing 5.660 acre tract described in the deed to Kimball Ridge Limited as recorded in Volume 12593,Page 1835 of said Deed Records and embracing the 13.408 acre tract and 6.214 acre tract described in the deed to Kimball Ridge Limited as recorded in Volume 12593,Page 1829 of said Deed Records and being more particularly described by metes an bounds as follows: COMMENCING at the northwest corner of Lot 1,Meadow Oaks Subdivision,an Addition to the City of Southlake,as recorded in Volume 388-129,Page 39,Plat Records,Tarrant County,Texas and said point being in the east right-of-way of old Fortune Road(Kimball Road)as cited in said deed; THENCE North 00 degrees 02 minutes 17 seconds West,36.26 feet and South 89 degrees 57 minutes 43 seconds West, 44.19 feet to the POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT: BEGINNING at a 3/8 inch steel rod found for the northeast corner of said 12.135 acre tract and being in the westerly right-of-way line of Old Fortune Road(Kimball Road)as cited in said deed; THENCE South 00 degrees 26 minutes 46 seconds East with the easterly boundary line of said 12.135 acre tract and said westerly right-of-way line,399.81 feet to a 518 inch steel rod found for the southeast comer of same and for the northeast comer of said 5.660 acre tract; THENCE South 00 degrees 22 minutes 12 seconds East with the easterly boundary line of said 5.660 acre tract and said westerly right-of-way line and passing at 182.69 feet a''/,inch capped steel rod stamped"Moak Surv.Inc."set for the southeast comer of same and commencing with the westerly boundary line of said 6.214 acre tract in all a total distance of 489.67 feet a 3/8 inch steel rod found for the southeast comer of same and for the northeast corner of said 13.408 acre tract.; THENCE South 00 degrees 01 minutes 05 seconds East with the easterly boundary line of said 13.408 acre tract and the westerly right-of-way line,333.96 feet to a''/2 inch capped steel rod stamped "Moak Surv.Inc."found for the southeast comer of the same; THENCE South 89 degrees 13 minutes 21 seconds West with the southerly boundary line of said 13.408 acre tract,1319.44 feet to a 1/4 inch steel rod found for the southwest comer of the same; THENCE North 00 degrees 07 minutes 00 seconds West with the westerly boundary line of said 13.408 acres tract and generally with a fence,463.71 feet to a 3/8 inch steel rod found for the northwest comer of same and for the southwest comer of said 6.214 acre tract; THENCE North 00 degrees 22 minutes 49 seconds West with the Westerly boundary line of said 6.214 acre tract and generally with said fence and passing at 190.77 feet a''/2 inch capped steel rod stamped"Moak Surv.Inc"found for the southwest comer of said 5.660 acre tract and passing at 381.81 feet a%inch capped steel rod stamped"Moak Surv.Inc."found in a fence for the northwest comer of same and for the southwest comer of said 12.135 acre tract and generally with said fence, in all 781.75 feet to a%inch steel rod found on the north side of a fence comer post for the northwest comer of said 12.135 acre tract and for the southwest comer of the tract described in the deed to Donald R.Botik recorded in Volume 7791,Page 1717 of said deed records; THENCE South 89 degrees 58 minutes 41 seconds East with the northerly boundary line of said 12.135 acre tract and the southerly boundary line of said Botik tract and generally with said fence, 590.18 feet to a 5/8 inch steel rod found in said fence for the southeast comer of said Botik tract and for the southwest corner of the tract described in the deed to Dan V.Matise recorded in Volume 7509,Page 419 of said Deed Records. Thence South 89 degrees 41 minutes 38 seconds East continuing with said northerly boundary line of said 12.135 acre tract and generally with said fence and with the Southerly boundary line of said Matise tract and passing a 3/4 inch steel rod found for the southeast comer of same at 464.72 feet, in a total distance of 728.90 feet to the place of beginning and containing 37.416 acres of land more or less as surveyed by David C.Moak Surveyors,Inc. P-TD ii%1 V 1 51999 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-323.DOC Page 8 0 -3fo I � • i EXHIBIT "B" a Me O A t ^ ZZ j A z z I z J y. 5 r !!IV Y !e fill O K L "y �_59 %t sl ii ill tti +� ^ i�j i 1 i1 . [.!i LIED = LOW DENSITY RESIDENTIAL i 1(1DOY'O/R5 ADDITION� Y I111 VOLUME i68-129, FACE 39 � 1 L C6 a 1 I S } , Z a _._..-. _... '-._._ �Y f •L p2 `' 4iH�Y88 f - z t Y W 7 h YV 1 1 � r}y0f w 7 tt l/N r1�_ [ O J �ex Igo Y n Yt� CI IW I` I - IN, ,� / i - t 1 It w._t�e-m iwnr_ nb.Y+._n -it 29L.—ODN` 1!'C t _S. .L— N` —• — 1` - 61 33r4•ul-ttc 3kn10A § a�Y M011100r SSrO Aolr3N !. IVIJS 03NOZ / + 1YI1N301;53M A11SN30 moim am NACOMMUNITY DEVELOPMENT\WP-FILES\ZHA\PENDING\480-323.DOC, Page 9 3 -3� City of Southlake, Texas STAFF REPORT January 7, 2000 CASE NO: ZA 99-121 PROJECT: Preliminary Plat- Lot 1, Block 1, Carroll I.S.D. No. 4 Addition STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Preliminary Plat of proposed Lot 1, Block 1, Carroll I.S.D. No. 4 Addition on property legally described as Tracts 1, l A, 1 C, 1 D, and 3A situated in the John A. Freeman Survey, Abstract No. 529, and being approximately 37.416 acres. PURPOSE: Preliminary plat is required in order to final plat. LOCATION: On the west side of South Kimball Avenue approximately 900' south of East Southlake Boulevard (F. M. 1709). OWNER/APPLICANT: Carroll Independent School District CURRENT ZONING: "SF-20A" Single Family Residential District LAND USE CATEGORY: Public/Semi-Public NO. NOTICES SENT: Twenty-three (23) RESPONSES: Two (2) responses were received from within the 200' notification area: • Jeff C. Wang, 595 South Kimball Avenue, Southlake, TX in favor, "Can't stop. Have no choice. Note: incorrect illustration of the properties on the east side of Kimball Avenue." (Received January 3, 2000.) • Janice Miller, 165 S. Kimball Avenue, Southlake, TX, opposed. (Received January 4, 2000.) P&Z ACTION: January 6, 2000; This item was tabled to the Planning and Zoning Commission meeting on January 13, 2000. STAFF COMMENTS: Attached is Plat Review Summary No. 1, dated December 30, 1999. NACommunity Development\WP-FILES\MEMO\99CASES\99-121PP.doc City of Southlake, Texas Tract Map ZA99-121 LUJ -- 1 I -_ - Jr) I I I I f i _ I _ I I i FF - 1� L r R ! �T � !T17LI1_J�J �TTL-- 0.5 0 0.5 1 Miles N W E S 3$-; . City of Southlake, Texas Surrounding Property Owners ZA99-121 1 2 3 4 5 22 21 8 20 9 19 10 18 11 17 12 16 13 15 14 Property Owners Zoning Land Use Designation 1. Southlake Land Ltd. 1.`B-1" 1.Office Commercial 2. Greenway-1709/Eleven Partners 2.`B-I" 2.Office Commercial 3. Southlake Plaza II Ltd.Prtn 3.`B-I" 3.Office Commercial 4. R.Teeter 4."AG" 4.Office Commercial 5. J.Miller 5."SF-IA" 5.Retail Commercial 6. H. Carr 6."SF-IA" 6.Low Density Residential 7. A.James 7."SF-IA" 7.Low Density Residential 8. C.Po 8."SF-IA" 8.Low Density Residential 9. T.Thompson 9."SF-IA" 9.Low Density Residential 10. G. Thompson 10."SF-IA" 10. Low Density Residential 11. C.Johnson 11."SF-IA" 11.Low Density Residential 12. J. Wang 12."SF-IA" 12.Low Density Residential 13. D.Faglie 13."SF-IA" 13.Low Density Residential 14. 620 S.Kimball Prtnshp Ltd 14."AG" 14.Medium Density Residential 15. J.Petty 15."AG" 15.Medium Density Residential 16. D.Minder 16."SF-IA" 16.Low Density Residential 17. J.Logan 17."SF-IA" 17.Low Density Residential 18. G.Tuttle 18."SF-IA" 18.Low Density Residential 19. G.Thayer 19."SF-IA" 19.Low Density Residential 20. L. Faughn 20."SF-IA" 20.Low Density Residential 21. C.Dorris 21."SF-IA" 21.Low Density Residential 22. M. Mayfield 22."SF-IA" 22.Low Density Residential \\SLKSV400 I\Local\Community Development\WP-FILES\NOTICE\99Exhibits\9912 I PP.doc 3e-3 City of Southlake, Texas PLAT REVIEW SUMMARY Case No: ZA 99-121 Review No: One Date of Review: 12/30/99 Project Name: Preliminary Plat-Lot 1, Block 1, Carroll I.S.D.No. 4 Addition, being 37.416 acres out of the J.A. Freeman Survey,Abstract No. 529 APPLICANT: SURVEYOR: Carroll I.S.D. Cheatham&Associates 1101 N. Carroll Avenue 1601 E. Lamar Blvd., Ste 200 Southlake,TX 76092 Arlington, TX 76011 Phone: (817)481-5775 Phone: (817) 548-0696 Fax: (817)421-0810 Attn: John Craft Fax: (817)265-8532 Attn: Gordon Johns CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/15/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. Place the City case number AZA 99-121" in the lower right-hand corner of the plat. 2. Provide north arrow. 3. The following changes are needed with regard to adjacent properties within 200'to include properties across any adjacent R.D.W.: a. Correct adjacent zonings and Land Use Designations to match current City maps. b. Tract lines and lot lines shown on the east side of South Kimball Ave. do not appear to be correctly shown. City and county maps show these properties to be shifted further south from this site boundary. 4. Label South Kimball Avenue. 5. Remove side and rear building lines from the plat. 6. Provide easements for water sewer and drainage as required by Public Works and construction plan as approved. 7. Although the shown dedication exceeds the width required by the approved Master Thoroughfare Plan, provide right-of-way dedication for S. Kimball Avenue in accordance with approved construction design for the S.Kimball roadway improvement plans.Also provide dedications for deceleration lanes as may be required with the approved site plan for this property as well as roadway improvement plans. Deceleration lane construction will be coordinated with the S. Kimball construction plans. N:\COM41NIT4 DSVSLOPMRNT\NP-FILES\RSV\99\99131PP1.DOC Page 1 City of Southlake, Texas * This property lies within the 65 'LDN D/FW Regional Airport Overlay Zone,requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479. Additionally,the Avigation Easement and Release shown in Appendix 3 of the Subdivision Ordinance No. 483 must be executed on subsequent Plats to be filed in the County Plat Records. * A Developers Agreement is required prior to construction of any public infrastructure.The Developer's Agreement for this addition should consider streets,drainage,park dedication requirements and fees, off-site sewer extensions,off-site drainage and utility easements and impact fees. * Denotes Informational Comment cc: John Craft, Carroll I.S.D. VIA: FAX ABOVE Mark J. Daniels, Total Program Management VIA: FAX ABOVE Gordon Johns, Cheatham&Associates VIA: FAX ABOVE IL N:\a*WMITY I)MWPIISITr\"-FILSS\RRV\99\99121PP1.MC Page 2 3�-S� s: i� It t ;ts a {•3 1ltl-El � o o � 5 si,l ' ' I lA ,t tsj 31 a4 !S i I�a t i 1 ~ �3 a {lll- � lx� x its E€!�� sill } w ibis 1 j' sf!! si! : s s- It "{{ sa { lj t. m !°al Ski SiI�I 1lsa 1} P it�li6l lil' Sil;= z a i t t {g '#i {s t1 t€ _{ Fk (l t! �ti t ii t z � A tB"x i€lit! 3 1 { !a lik �I< sl = 4f !. #. �lsi !" ; :!{ a >t7a sc d et sy€ . { - ■£ s cr Raj! -' @ r Jo a Yi j ,i Jl f�! Hkil Its I s! Ill! o ! ; Itt ti { rsf 1Cii ttl,js °{! "w z�i tt� lf : r{l'1 = a b a a i�'• jsl ifs 1iiigI j ) 1- iia tl"54st= lilts lily} �{ 13 lilts all _ rit sl lttl• s�z = 'ttisl : i�� Maspi lid lj l• ij sae- ljl t "� ll• lai1 10 s el wit nj u Icif lihauel r �11:i k a a l > LUD = LOW DENSITY RESIDENTIAL s S { �'+ YEAOOa OAKS ADDITION VOLUME 188-129. PAGE 39 01 r s r r Cl r 1 05 4 ••• all. � -� �. 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