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2000-02-01 CC Packet
City of Southlake, Texas MEMORANDUM January 28, 2000 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting February 1, 2000 *Please note example table attachment referencing 7B Impact Fees. 1. Agenda Item No. 5A. Annroval of minutes of the Regular Citv Council meetin held January 18, 2000, and the Special City Council meeting held January 13, 2000. If you have any changes to the minutes, please discuss these at the work session or notify Sandy LeGrand prior to the meeting. She will bring the amended minutes to the meeting for your consideration. 2. Agenda Item No. 5B. Resolution No. 00-08, Calling the General Election for May 6, 2000. The resolution determines the procedures for the election, including setting the polling place for early voting and on election day. It establishes the election precincts, appoints an election judge and alternate election judge, determines the publication dates, and sets the other procedures for the election. If you have questions or wish to discuss the resolution, please contact Sandy LeGrand. 3. Agenda Item No. 5C. Authorize the Mayor to enter into a professional service agreement with Belcheff & Associates, Inc. for the engineering and design of North Kimball Avenue reconstruction from Highland Drive to SH 114. Staff recommends Council approve the professional service agreement with Belcheff & Associates, Inc. in the amount of $41,591 to engineer and design the reconstruction of North Kimball from Highland Drive to SH 114. This project will be funded using remaining funds from the 1992 Street Bond Program. Following the design of this project, Tarrant County will reconstruct North Kimball and the City will pay for the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 2 of 27 materials. This will result in an estimated 50-70 % savings for the City compared to the cost if a contractor reconstructed North Kimball. Tarrant County anticipates that the project will begin in May 2000 and be complete by August 2000. As stated in Senior Civil Engineer Shawn Poe's memo, the estimated engineering and construction cost for this project is $141,591, which is well below the $200,000 budgeted. Call Shawn Poe if you have any questions pertaining to this item. 4. Agenda Item No. 5D. Authorize the Mayor to enter into Facility Utilization Agreement with the Southlake Baseball Association (SBA), Agenda Item No. 5E. Authorize the Mayor to enter into Facility Utilization Agreement with the Southlake Girl's Softball Association (SGSA), and Agenda Item No. 5F. Authorize the Mayor to enter into Facility Utilization Agreement with the Grapevine-Southlake Soccer Association (GSSA). As noted in the packet item cover memos, these facility utilization agreements are our standard agreements with the respective youth sports associations for their use of game and practice facilities. Staff reviewed the practices of other cities regarding the usage of practice and game fields, and other factors that are part of our agreements with the youth sports associations. The survey results are included in your packets. The agreements have not changed substantially from last years' agreements, and were considered by the Parks and Recreation Board and unanimously recommended to City Council for approval. In order to address field availability for the general public during the ball seasons, the sports associations agreed with keeping the two new practice fields at Bicentennial available to anyone when not reserved for practices. Call Kevin Hugman with questions about this item. 5. Agenda Item No. 5G. Resolution No. 00-15, Quitclaim Deed for portion of old North Carroll Avenue. The title company has requested this quitclaim deed to perfect the title on this property on old North Carroll Avenue, which was Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Y For City Council meeting February 1, 2000 Page 3 of 27 abandoned by ordinance on June 1, 1999. Please contact Ron Harper with questions concerning this item. 6. Agenda Item No. 5H. Award of bid to American Tennis Court Contractors for batting cages at Bicentennial Park. As noted in the packet item cover memo, the bids for the batting cages were above the budgeted amount. This project is being partially funded by SPDC through the matching grants fund. SPDC allocated $30,000 towards the Southlake Baseball Association (SBA) requests for improvements, including the batting cages. Of that amount, SPDC has paid $8,197 towards other improvements, leaving $21,803 towards the baseball batting cages. SBA will pay the remaining $24,197 out of its funds. SPDC approved additional matching funds to Southlake Girls Softball Association (SGSA) for the additional costs associated with their batting cages, which results in $8,366 of SPDC funding towards the SGSA portion of the project. Both organizations have indicated they will pay the City their portion prior to the City entering into a contract for construction. SPDC also approved the award of bid to American Tennis Court Contractors in the amount of $63,733. Please call Kevin Hugman with questions. 7. Agenda Item No. 5I. Ordinance No. 769, 1' Reading, Hotel Occupancy Tax Ordinance. The City Council has indicated a desire to pursue the adoption of a hotel occupancy tax in the City of Southlake. The local hotel occupancy tax can provide an alternate source of funding for a city's economic development initiatives to promote tourism in the convention and hotel industry. The city may implement a hotel occupancy tax by adopting an ordinance calling for the levy of the tax. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 4 of 27 City Attorney Deborah Drayovitch has prepared the ordinance and provided a cover letter detailing specific criteria related to the implementation of such a tax. The memo from Shelli Siemer highlights information regarding the guidelines for administering the hotel occupancy tax including the allowable tax rate, comparison rates from neighboring cities, the allowed uses of hotel occupancy tax revenues, a summary of how area cities spend their hotel occupancy tax revenue, and possibilities for Southlake to use hotel occupancy tax revenues. State statutes specifically define how the hotel occupancy tax revenue can be spent. The funds generated from the local hotel occupancy tax must directly enhance and promote the tourism, convention and hotel industries in the city, which levies the tax. It cannot be used for general revenue purposes or to pay for governmental expenses unrelated to the task of tourism. The expenditure must be intended to bring visitors from outside of the city into the city or its vicinity. The expenditure of hotel occupancy tax revenues must fit into one of five statutory categories: • Funding the establishment or improvement of a convention center • Paying the administrative cost for facilitating convention registration; • Paying for tourism -related advertising and promotions of the city; • Funding programs that enhance the arts; or • Funding historical restoration or preservation programs. If you have questions regarding this item, please contact Shelli Siemer. 8. Agenda Item No. 5J. Ordinance No. 772, 1' Reading, Changing the street name of Bastogne Way to Merlot Drive. When Versailles Phase I was platted, a street Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 5 of 27 named Bastogne Way was platted, stubbed to the north subdivision line and was a length of one lot depth with lots siding on the street. Bastogne Way stubbed to a tract of unplatted land. When Napa Valley was platted, a street named Merlot Drive was platted to the west subdivision line and stubbed to the same tract of unplatted land. In 1999, the plat for Versailles Phase 3 was approved on this tract of unplatted land. A street was platted that connected the stub out of Merlot Drive and the stub out of Bastogne Way. This newly platted street in Versailles Phase 3 was named Merlot Drive. To eliminate a name change in mid -block, Bastogne Way should be changed to Merlot Drive. There are no addresses on Bastogne Way. Please call Charlie Thomas with questions about this item. 9. Agenda Item No. 5K. Resolution No. 00-17, Authorizing the City Attorney to bring condemnation action for the purpose of obtaining a permanent drainage easement for use by the City for the construction of drainage improvements. This resolution is to authorize the City Attorney to bring a condemnation action for the purpose of obtaining a permanent drainage easement for use by the City for the channel improvements to West Jones Branch. Staff has been negotiating with the property owner (Mr. E.E. Taylor, Jr.) since October 1999 to acquire this easement, which was appraised at a value of $63,200. This easement is required for the installation of the bioengineering channel slope protection. This bioengineering structure must be constructed by the end of March (dormant period of planting material). This resolution will not be filed unless an agreement has not been reached with the property owner by the end of February. Staff recommends approving Resolution No. 00-17, authorizing the City Attorney to bring a condemnation action for the purpose of obtaining a permanent drainage easement. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 6 of 27 Call Senior Civil Engineer Shawn Poe with questions you may have regarding this item. 10. Agenda Item No. 5L. Authorize the Mayor to enter into a developer agreement for Walgreen's. This is the City's standard commercial developer agreement. It covers the construction of approximately 1,000 feet of off -site sanitary sewer line to serve the development and construction of the deceleration lane for eastbound FM 1709 to southbound South Peytonville. The developer has requested waiver of the administration and inspection fees for the construction of the deceleration lane. Since TxDOT will actually inspect and approve the construction of the deceleration lane on FM 1709, this request seems appropriate. Feel free to contact Charlie Thomas with questions about this item. 11. Agenda Item No. 7A. 26' Program Year (2000) Community Development Block Grant (CDBG). Staff recommendation and authorization for staff to submit an application for improvements including construction of a water line for the Oak Lane Addition. The memo from Senior Civil Engineer Shawn Poe provides you with the details of the proposed application. In. reality, our ability to access CDBG funding is limited due to the demographics of our community. As such, we moved forward at a deliberate pace to make water, sewer and roadway infrastructure improvements in Sutton Place and the Oak Lane area, our only eligible project areas. This application is crucial, particularly for fire protection. The Commissioner's Court is scheduled to award the grants in April. 12. Agenda Item No. 7B. Ordinance No. 657-A, 1" Reading, Amending Ordinance No. 657, imposing impact fees for water, wastewater, and roadway improvements. Council will be asked to consider the ordinance on first reading after conducting the public hearing required by state statute. It is our plan to have a brief presentation Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 7 of 27 ready for the meeting, in the event that Council or the public has an interest in the work conducted by the Capital Improvements Advisory Committee (CIAC) and wishes to have some of the details presented. If a presentation is not necessary, staff and the consultants will be on hand to answer questions you may have. The public hearing portion of this item is intended to allow interested residents, as well as the development community, an opportunity to give you feedback prior to considering the ordinance to adopt fees. Council's consideration of the ordinance will primarily be focused on the fees, although you will adopt land use assumptions and capital improvement programs as a part of the ordinance. Exhibits E-1 and E-2, of the ordinance show the maximum allowable fee schedule and collection schedule, respectively. Staff recommends that you adopt the maximum fee schedule, as presented. The schedule labeled E-2, "Impact Fee Collection Schedule" is the most important aspect of the ordinance. This essentially sets the fees the city will be collecting for the next three years. Note that the schedule also shows the fee levels for 1990 and 1993, and the escalating fees adopted as part of the 1996 study. The last column depicts proposed fees emanating from this study. Note that staff has prepared, in conjunction with our fiscal consultant, a recommendation for your consideration for the "collected fee," shown on Exhibit E-2. The attached memo from Lewis McLain, Fiscal Planning Consultant, documents the rationale for the recommendation. We asked him to prepare a recommendation based solely on his knowledge of our capital requirements, fiscal obligations, and market. He was not asked to "fit" his recommendation to perceived Council positions on the fee. As such, we feel his recommendation is a good starting point for discussion on the fees. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 8 of 27 It is important to note that the actual fees to be assessed at the time of final platting will be based on service units. The numbers you see on the schedule for water and wastewater reflect the fees for the standard residential service unit, the I" meter. Commercial or residential operations requiring larger or multiple meters will pay based on a multiplier. (Please see Exhibits D-1, Tables of Equivalencies for water/wastewater multipliers.) The fees shown for roadways reflect a cost per vehicle -mile. The single family vehicle mile multiplier is 3.03, and commercial rates are based on type of use, as shown in Exhibit D-2, Table of Equivalencies - Roadway Vehicle Miles. Thus, the fee per vehicle mile shown on Exhibit E-2 does not reflect the actual fees required. Staff has prepared scenarios, attached to my memo, to show you the impact of the proposed changes on various types of commercial businesses. Please keep in mind that the equivalency table for roadways was modified as part of the study increasing the "multiplier" for certain land uses." Your packet contains the new text of the ordinance in a format showing the changes, and Exhibits A, and D-E. Please insert the documents provided for your January 24 meeting (in the red notebook) as appropriate for Exhibits B-C. If you need new copies, let us know and we will provide those to you. Please call Shana Yelverton or Ron Harper with questions about this item. We have posted a Monday briefing in the event that you would like to "dig in" to the material with staff. We will also be willing to hold another workshop on this topic as needed, prior to second reading. 13. Agenda Item No. 7C. Ordinance No. 480-323, 2"d Reading, (ZA 99-120), Rezoning and Site Plan for Carroll I.S.D. Middle/Intermediate School. This property is located on the west side of South Kimball Avenue approximately 900' south of East Southlake Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 9 of 27 Boulevard (FM 1709). The Current Zoning is "SF-20A" Single Family Residential District. The Requested Zoning is "CS" Community Service District. The Land Use Category is Public/Semi-Public and 65 LDN Overlay Corridor. The Planning and Zoning Commission recommended approval (6-0) on January 13, 2000, subject to Site Plan Review Summary No. 1 dated December 3, 1999, with the following modifications: a. allow vertical and horizontal articulation as shown; b. granting relief from constructing parking islands in the parallel parking spaces only; c. granting relief on the following lighting standards for the stadium: • allowing 30 foot candles instead of the required 20 foot candles • allowing white light instead of yellow light • acknowledging the applicant's commitment to comply will all other provisions of the lighting ordinance; d. accepting the applicant's decision to remove the 250 Future Bleachers from the west side, therefore bringing the existing required parking into compliance; e. accepting the applicant's commitment to use lights rather than bells to announce class changes; f. joint use of the facilities be subject to City Council's decision; g. accepting the applicant's commitment to move the southern parent loop driveway to the North to comply with the 250-foot spacing requirement and to better align with the Johnsons' driveway across Kimball Avenue h. reserving the right for the city to later require the construction of a "pork chop" in the southernmost drive (restricting the traffic movements) should. circulation and safety concerns arise in the field; Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 10 of 27 i. acknowledging that the drainage will flow to FM 1709 and that the current runoff to the north will be reduced by 15 %; j . deleting the northern circulation road from the plan; k. requiring the bufferyard on the west; 1. requiring the planting of as many required trees on the site as directed by the Landscape Administrator, and any "leftover" ones in the Kimball medians or at other school locations; m. requiring that all construction traffic use the northernmost driveway; n. acknowledging that the lights will be turned off at 10:00 p.m.; o. acknowledging that the HVAC system will be screened from adjacent properties; p. acknowledging that a sanitary sewer connection will be made available in the northwest corner of the site and that neighboring properties may tie on at the neighbors' expense. The City Council approved (6-1) First Reading on January 13, 2000, subject to P&Z's motion with the following modifications: a. on Item #9 in the review summary, granting the applicant's request to reduce the parking spaces from the 398 as shown to 379 spaces to accommodate the construction of parking islands in the parking lots; b. requiring the applicant to erect an eight -foot (8) double -sided fence along the west and south property lines; c. stating that there be no restriction of joint use of the facilities; d. requiring that the stadium lighting be turned off forty-five (45) minutes after game activities have concluded, but no later than 9:00 p.m.; e. requiring that no stadium lights be used on Saturday or Sunday; f. reserving the right to restrict all stadium lighting after observing the Carroll Junior High light demonstration. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 11 of 27 Contact Karen Gandy or Dennis Killough regarding this request. 14. Agenda Item No. 7D. ZA 99-113, Revised Site Plan For Lots 1 & 2, Block 2, Gateway Plaza Addition. The property is located on the north side of East Southlake Boulevard (FM 1709) across from the intersection with Bank Street. The Current Zoning is "S-P-2" Generalized Site Plan District with limited "C-3" use. The Land Use Category is Mixed Use. The purpose for the revised plan is to address proposed changes in location of buildings, floor area changes and building elevations that were not provided for this block during the first plan approval. The original site plan called for four lots with four buildings totaling approximately 25,000 square feet. A bank was shown on the far east lot. You may recall that this lot was limited to "0-1" uses or a sit down table cloth restaurant. The revised plan proposes three lots with four buildings totaling approximately 30,100 square feet. The bank on the previous plan has been relocated one site to the west. Case ZA 99-131, which follows, proposes a change of zoning on the far east lot to "S- P-1" with "O-1" uses, sit down restaurant and retail use. The purpose of the zoning change is to add the retail use to the site for a proposed fabric/upholstery retail store. The specific user named during the meeting was Calico Comer. The plan provided for this case shows all three lots and four buildings and is intended to be used with both Item 7D and Item 7E. The plan review and consideration of this item is limited to Lots 1 and 2, Block 2 and the three buildings proposed on these lots. Lot 3 and the fourth building is to be considered with Item 7E Case ZA 99-131. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 12 of 27 The Planning and Zoning Commission recommended approval (7-0) on January 20, 2000, subject to Site Plan Review Summary No. 3, dated January 14, 2000, with the following modifications: a. allowing the driveway stacking depths as proposed b. allowing articulation as proposed c. allowing the roof design as proposed Contact Karen Gandy or Dennis Killough regarding this request. 15. Agenda Item No. 7E. Ordinance No. 480-327, l' Reading, (ZA 99-131), Rezoning and Site Plan for Lot 3, Block 2, Gateway Plaza Addition, current Zoning: "S-P-2" Generalized Site Plan District with limited "C-3" General Commercial District excluding some uses. The property is located on the north side of East Southlake Boulevard (FM 1709) across from the intersection with Bank Street. The current zoning is "S-P-2" Generalized Site Plan District with limited "C-3" allowing single story "0-1" uses only or a sit-down restaurant with table service within the same pavement envelope. The Requested Zoning is "S-P-l" Detailed Site Plan District with "O-l" Office District uses, a sit-down restaurant with table service, and retail use. The Land Use Category is Mixed Use. The plan for this item is included with your packet for Item 7D, Case ZA99-113. The plan review and consideration of this item is limited to Lot 3, Block 2, and the east building. The Planning and Zoning Commission recommended approval (6-1) (Commissioner Sandlin dissented) on January 20, 2000, subject to Site Plan Review Summary No. 2, dated January 14, 2000, with the following modifications: a. allowing the roof design as proposed Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 13 of 27 b. incorporating the color rendering presented tonight c. modifying the requested zoning to read "S-P-l" Detailed Site Plan District with "0-1" Office District uses and sole retail use of interior design, fabric and upholstery sales d. instructing the applicant to work on language with respect to restaurants and present that to City Council as an alternative to the approved zoning. Contact Karen Gandy or Dennis Killough regarding this request. 16. Agenda Item No. 7F. Ordinance No. 480-322, 2"' Reading, (ZA 99-114), Rezoning for Carroll Meadows, Current Zoning: "AG" Agricultural District. Requested Zoning: "SF-lA Single Family Residential District. The 12.469-acre property is located on the west side of North Carroll Avenue approximately 1175' south of East Dove Road. The current zoning is "AG" Agricultural District. The requested zoning is "SF -IA" Single Family Residential District. The Land Use Category is Low Density Residential. This is the second reading for the "SF-1A" zoning change request associated with the 10-lot preliminary plat approved at your meeting on January 18, 2000. The Planning and Zoning Commission recommended approval (7-0) on January 6, 2000. The City Council approved (7-0) on first reading on January 18, 2000. Contact Karen Gandy or Dennis Killough regarding this request. 17. Agenda Item No. 7G. Resolution No. 00-14, (ZA 99-127), Specific Use Permit for a Church, Current Zoning: "I-1" Light Industrial District. Applicant: St. John's Missionary Baptist Church. The property is located at 2805 Market Loop, Suite 300, on the northeast corner of the intersection of Market Loop and Exchange Boulevard. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 14 of 27 The current zoning is "I-1" Light Industrial District. The Land Use Category is Industrial. The Zoning Ordinance No. 480, Section 45.1(2), as amended, permits churches within all zoning districts by Specific Use Permit. St. John's Missionary Baptist Church proposes occupying approximately 7,300 square feet of space in the west building shown on the attached concept plan. All structures and improvements shown on the concept plan are existing. No new structures are proposed on the site. The property is located within the 75 LDN Airport Overlay. The DFW Airport has written a letter of opposition to the request. The applicant has been made aware of this issue. The City Council may wish to consult with the City Attorney during executive session regarding this issue. The Planning and Zoning Commission recommended approval (7-0) on January 20, 2000, subject to Specific Use Permit Plan Review Summary No. '2, dated January Contact Karen Gandy or Dennis Killough regarding this request. 18. Agenda Item No. 7H. ZA 99-137, Revised Site Plan for Block 3, Southlake Town Square. The property is located on the north side of Civic Place, north of the Town Hall site. The Current Zoning is "NR-PUD," Non -Residential Planned Unit Development to include "C-3" General Commercial District uses. The Land Use Category is Mixed Use. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 15 of 27 The purpose for this revision is to enlarge the building from the previously approved plan to address the needs of the potential user. The previously approved building contained 48,922 square feet; the proposed plan contains 75,261 square feet. The Planning and Zoning Commission recommended approval (7-0) on January 20, 2000, subject to Site Plan Review Summary No. 2, dated January 14, 2000, allowing the building articulation as shown. Contact Dennis Killough regarding this request. 19. Agenda Item No. 7I. Ordinance No. 480-II, 2nd Reading, Revisions to the Comprehensive Zoning Ordinance No. 480, as amended, regarding regulations on carports, covered parking, and parking garages on non-residential property. This ordinance amendment proposes regulations for non-residential carports and garages. The Zoning Ordinance does not currently have any specific regulations for this type of use or structure within the non-residential districts. The Planning and Zoning Commission recommended approval (7-0) on November 18, 1999. Council voted to table (6-0) on consent the first reading of this ordinance until January 18. Recommended changes during the Commission's approval and as discussed during the Joint P&Z/City Council work session have been incorporated into the ordinance and are shown in bold and italics. Note that only one change was made to the draft you reviewed during first reading: a provision was added in the General Criteria section requiring that no vehicle be parked in a parking structure for more than 72 consecutive hours. Please refer to the memo and proposed ordinance amendment included in your packet. City Council approved (7-0) on first reading on January 18, 2000. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 16 of 27 Contact Karen Gandy or Art Wright regarding this request. 20. Agenda Item No. 7J. Ordinance No. 480-324, 2' Reading, (ZA 99-122), Rezoning on property legally described as Tract 20 situated in the Obediah W. Knight Survey, Abstract No. 899, Current Zoning: "AG" Agricultural District. Requested Zoning: "SF-1A." Owner and Applicant: Sherry Berman. This request proposes a zoning change from "AG" Agricultural District to "SF-1A" Single Family Residential District. The property is located at 219 Lilac Lane, on the south side of Lilac Lane approximately 200' east of Pine Drive. The Land Use Category is Low Density Residential. The applicant has submitted a letter describing her plans for the property. In it, she indicated that she plans to construct one single family dwelling on the 3.5-acre tract. Currently, there is a 1,500 s.f. home on the site that she might rent prior to beginning construction. She understands that two dwellings are not permitted on a single tract without obtaining a variance from the Board of Adjustment. A one -lot plat showing has been submitted for staff approval. The Planning and Zoning Commission recommended approval (7-0) on January 6, 2000. The City Council approved (7-0) First Reading on consent on January 18, 2000. Contact Karen Gandy regarding this request. 21. Agenda Item No. 7K. Ordinance No. 480-326, 2nd Reading, (ZA 99-138), Rezoning on property legally described as Tract 20 situated in the R. D. Price Survey, Abstract 992, Current Zoning: "AG" Agricultural District. Requested Zoning: "SF-113" Single Family Residential District. Applicant: Linnie McAdams. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 17 of 27 Owner: Linnia Johnson. This request proposes a zoning change from "AG" Agricultural District to "SF-1B" Single Family Residential District. This property is located at 4001 T.W. King Road, on the east side of T.W. King Road approximately 1,200' south of West Bob Jones Road. The Land Use Category is Low Density Residential. Ms. Johnson resides on the property in an existing 1,500 s.f. house. The house size complies with the minimum square footage requirements for the SF-lB district. It is my understanding that Ann Withington of Maguire Partners is coordinating a service project to construct Ms. Johnson a new home on this site. The Board voted to approve the request (4-0) with the conditions that no permanent Certificate of Occupancy shall be issued until the existing home has been demolished or removed from the lot, that the variance shall expire nine months (9) from the date of issuance of the building permit, and that the new house shall meet all the requirements of the development regulations for the "SF-lB" Single Family Residential District. Platting must occur prior to issuance of a building permit. The Planning and Zoning Commission recommended approval (6-1) on January 6, 2000, with Commissioner Peebles dissenting citing his reason as wanting to abolish the "SF-lB" zoning district. The City Council approved (7-0) on first reading on January 18, 2000. Contact Karen Gandy regarding this request. 22. Agenda Item No. 8A. Ordinance No. 480-HH, 1' Reading, regarding regulations on outside storage, outside display and screening. On January 6, 2000, The Planning and Zoning Commission recommended approval (7-0) striking language in Section 39.3 which exempted public schools, parks and churches from certain Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 F Page 18 of 27 screening requirements when locating in residential districts; added provision for propane tanks to be screened; and instructing staff to look into the possibility of implementing this ordinance on existing uses with some type of amortization period and giving them time to comply. On January 18, 2000, Council discussed the ordinance and tabled the first reading (5-2) due to the following unresolved issues: 1) whether or not to allow display of sales items (e.g., vending machines, ice machines, Christmas trees, etc.) and charitable sales events in front of principal buildings; 2) whether or not these displayed items should include living plant materials; 3) whether or not these displayed items should be screened with a wall constructed of masonry or similar materials; 4) whether or not this ordinance would prevent the flea market from operating; and 5) what is the appropriate way to bring existing outside storage / display users into compliance with these new regulations. In your packet, you will find copies of both a redlined/strikeout and clean version of the revised draft as requested. In the staff memorandum, Ms. Gandy has attempted to better define the purpose and intent of this ordinance. She also listened to the taped discussions of the last meeting and has based the current draft on her understanding of the majority consensus of the Council on the major points noted above. In doing so, she acknowledges that not every individual point of view could be incorporated, but hopes that the current draft can be supported by a majority of Councilmembers. Approval of first reading will allow legal counsel time to draft a "retrofitting" provision prior to second reading. As noted in the staff memorandum, Ms Gandy feels that these provisions are critical in our efforts to achieve urban design objectives along the corridors and adjacent to the neighborhoods. She further recommends that existing outside storage uses be given Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 19 of 27 one year after the effective date of this ordinance in which to comply with the new standards. Contact Karen Gandy regarding this request. 23. Agenda Item No. 8B. Ordinance No. 480-321, l' Reading, (ZA 99-108), Rezoning and Revised Concept Plan for St. Martin -In -The -Fields Episcopal Church. The applicant has requested this item be tabled until February 15, 2000. Contact Karen Gandy or Dennis Killough regarding this request. 24. Agenda Item No. 8C. Ordinance No. 480-329, 1' Reading, (ZA 99-124), Rezoning and Site Plan for Radiology Associates of Tarrant County, current Zoning: "R-PUD" Residential Planned Unit Development District, being P.U.D. No. 1, Timarron. kw Requested Zoning: "S-P-1" Detailed Site Plan District with "0-1" Office District uses and the "C-2" Local Retail Commercial District use of health service facilities. The property is located on the south side of East Southlake Boulevard (FM 1709) approximately 225' west of Byron Nelson Parkway. The Current Zoning is "R-PUD" Residential Planned Unit Development District, being P.U.D. No. 1, Timarron. The Requested Zoning is "S-P-1" Detailed Site Plan District with "0-1" Office District uses and the "C-2" Local Retail Commercial District use of health service facilities. The Land Use Category is Office Commercial. The plan proposes a 6,400 square foot building for a radiology clinic. The current zoning would permit medical offices but would not permit a health services facility such as the radiology clinic. The plan also proposes a 30' building setback along Southlake Boulevard, rather than the required 50' building setback, in order to locate all parking at the rear of the building. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 20 of 27 The Planning and Zoning Commission agreed with the concept but directed the applicant to move the building/parking as far south as possible. There are two groups of trees located along the south portion of the east property line. The large parking island shown on the south portion of the east property line and the large landscape area along the south property line are intended to preserve these trees. It would appear that if the building and parking were moved south, the survivability of the trees would be adversely affected. The Planning and Zoning Commission recommended approval (7-0) on January 20, 2000, subject to Site Plan Review Summary No. 3, dated January 14, 2000, with the following modifications: a. deleting Item #1 (50' building setback) noting that the applicant will try to move the building back as far as possible without encroaching into the southernmost bufferyard and existing trees; b. deleting Item #2.a (minimum driveway spacing), c. deleting Item #3 (required parking). Contact Karen Gandy or Dennis Killough regarding this request. 25. Agenda Item No. 8D. Ordinance 480-328, l' Reading, (ZA 99-128), Rezoning and Site Plan for Countryside Bible Church. Current Zoning: "AG" Agricultural District and "S-P-2" Generalized Site Plan District with "CS" Community Service District uses. Requested Zoning: "CS" Community Service District. The property is located on Countryside Court approximately 560' west of North White Chapel Boulevard. The Land Use Categories are Public/Semi-Public; Office Commercial; and Retail Commercial. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 21 of 27 The purpose of this request is to change the zoning of property being added to the site and address proposed new construction. The site contains three existing buildings totaling approximately 28,334 square feet of floor area. Phase 1 construction proposes a new fellowship building and an addition to the youth center, totaling approximately 8,400 square feet of additional floor area, with 178 additional parking spaces. Also proposed in Phase 1 is an outdoor basketball court and a storage/water tank building. Phase 2 proposes a new two-story worship building having approximately 26,000 square feet of floor area with an additional 213 parking spaces. Final build -out proposes a 14,800-square-foot two-story classroom addition to the existing sanctuary/classroom/administration office building. Phase 2 and Final build -out buildings will require a revised site plan approval since elevations and final plans have not been prepared. Upon build -out the site would contain approximately 78,000 square feet of floor area with 540 parking spaces. Adjacent residents did not feel that the required 8' screening along the west property line was appropriate at this time. To allow waiver or variation of this requirement, the applicant has amended their zoning request to "S-P-1" Detailed Site Plan District with "CS" uses. The Planning and Zoning Commission recommended approval (6-0-1) (Commissioner King abstained) on January 20, 2000, subject to Site Plan Review Summary No. 3, dated January 14, 2000, accepting the applicant's request to amend his zoning request to "S-P-1" Detailed Site Plan District with "CS" Community Service District uses and deferring the 8' screening requirement until Phase II. Contact Karen Gandy or Dennis Killough regarding this request. 26. Agenda Item No. 8E. ZA 99-129, Plat Revision of Proposed Lot 2R, Block A, & Lot 2R2R, Block B, Ravenaux Village. The property is located on Countryside Court approximately 560' west of North White Chapel Boulevard. The current Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 22 of 27 zoning is "AG" Agricultural District and "S-P-2" Generalized Site Plan District with "CS" Community Service District uses. The Land Use Category is Public/Semi-Public, Office Commercial, and Retail Commercial. This plat is associated with the previous zoning and site plan proposal and is necessary to add land from Lot 2R, Block B, unplatted property adjacent to SH 114, and abandon right-of-way. The Planning and Zoning Commission recommended approval (6-0-1) (Commissioner King abstained) subject to Plat Review Summary No. 2, dated January 14, 2000, deleting Item #4 allowing 56' R.O.W. width (minimum 60' right-of-way required). kw Contact Dennis Killough regarding this request. 27. Agenda Item No. 10A. Alternative alignments for Parkwood Drive. At the January 4, 2000, City Council meeting, staff was instructed to present alternatives to the current Parkwood Drive layout. Five alternatives are being presented for Council consideration and action. Please contact Ron Harper with questions regarding this item. 28. Agenda Item No. 10B. Authorize the Mayor to enter into a Scope of Services agreement with Call -A -Ride of Southlake (CARS). The packet memo provides the background information for this item. CARS established operations a few weeks ago, and is now coming forward with a request for funding from the City. As you will recall, during the budget preparations the senior transportation subcommittee requested City Council earmark $30,000 towards establishment and operation of a senior transportation system. During the budget approval process, City Council Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 23 of 27 approved $83,500 for community services contracts. Of this amount, $43,500 has been approved by City Council to the various requesting organizations. The contract for CARS is based on quarterly payments with a maximum amount per quarter of $7,500. The contract period expires September 30, 2000 to coincide with our other agreements and the City fiscal year. If these payments are approved each quarter, the amount expended this fiscal year will be $22,500. Questions regarding the scope of services agreement may be directed to Kevin Hugman. Representatives of CARS are expected to be at your meeting Tuesday. 29. Agenda Item No. 10C. Revision to Park Use Policy for fundraising events. As you recall, a couple of months ago we briefed you on this issue and informed you we would be needing to address it in the Park Use Policy. This has been a difficult issue to address, as the Park Board also has not been in consensus on a (WV philosophical approach. The dilemma is that although there are any number of good causes that merit support through the use of our facilities, there is also the issue of setting a precedent that prevents us from disallowing those types of activities that we may not want in our parks. Of course, as staff we tend to err on the conservative side, and there is certainly an argument to be made that the risk is minimal. Recognizing this, and the fact that the Park Board also discussed this issue at length and raised many points, we are bringing forward the revisions as recommended by the Park Board, although not unanimously. The philosophical approach the Park Board recommended is to limit fundraising events to only large, special type events - e.g., a circus, sports tournament, or arts festival. As such, the criteria are defined to limit the activities most likely to be approved, to a large event that would bring in many people, be of interest to a large segment of the community, and ,, utilize a significant portion of the park or public facility. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 24 of 27 We have also drafted an alternative approach, taking into consideration some of the differing viewpoints offered. This approach will essentially greatly relax the restrictions to allow any Southlake-based, non-profit organization to use park or public facilities, as long as there is not a detrimental impact on other planned events or the facilities. Staff and the City Attorney have reviewed this issue extensively and tried to envision differing scenarios, however, we also recognize that whatever approach is taken, we can always come back after some period of time and review the policy after having some experience to judge it by. Questions on the policy revisions may be directed to Kevin Hugman. 30. Agenda Item No. 10D. Approval of the Capital Improvements Program (CIP) projects for the 1999-2000 Fiscal Year. The memo from Shawn Poe outlines the recommended CIP projects to be included in the FY99-00 CIP budget. The proposed CIP projects were discussed in detail at the January 24, 2000, Special City Council Work Session. The memo addresses several suggestions by Council from the work session as well as the funding sources for the proposed projects. Staff recommends Council choose and prioritize the CIP projects as discussed in the memo and approve the CIP projects for the FY99-00. Please call Shawn Poe if you have any questions on this item. Other Items of Interest 31. Reminder that the employee banquet will be Monday, February 7, 6:00 p.m., dinner at 7:00 p.m. If you plan to attend and have not turned in your reservation, please call Sandy or Kim. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 25 of 27 32. Library Administrator hired. We are pleased to let you know that we have made an offer to our top candidate, Mr. Terry McLaughlin, for the Library Administrator position, and he has accepted. Library Board Chair Maria Cameron and Deputy Director of Community Services Steve Polasek, interviewed Mr. McLaughlin at the American Library Association (ALA) mid -winter conference in San Antonio on January 15-17, 2000. He was clearly the top candidate and they invited him to Southlake last week to see first-hand our City and planned library. After meeting with me, we extended an offer to him, and he has accepted. He will join us in mid -March. Mr. McLaughlin is currently the Director of the local public library on the island of Saipan, and State Librarian for the Commonwealth of the Northern Marianas Islands. He has more than 25 years experience in public libraries, most of this being as director or coordinator of public library systems (city and county) in Florida and Ohio. His current assignment began in 1998. Mr. McLaughlin has extensive experience with all aspects of library operations, including the expansion of several library systems, grant requests, and foundation fundraising. 33. Carroll medians. Park Planning and Construction Superintendent Ben Henry has designed landscaping for the Carroll medians near Town Square, coordinating with HNTB's design efforts on the Traffic Management Bond program to maintain continuity. We also presented the design to a SouthView Homeowner's Association meeting and they were pleased with it. Cadence Homes, the builders of the office center being constructed across from the Post Office site, have expressed a desire to pay for and install the plant material. They have indicated they might like to have a small sign acknowledging their contribution in the median for some period (perhaps a year). This donation would save us approximately $10,000 to $12,000. The Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 26 of 27 pavers will be installed by Public Works, at an estimated cost of $3,500 for materials. We will contract the irrigation work, at an estimated cost of $10,000 to $12,000. 34.Ordinance No. 483-I, Amendments to Subdivision Ordinance 483, Park and Recreation Dedication requirements. Planning and Zoning Commission considered and recommended for approval this ordinance change at its January 20, 2000 meeting. We planned to have this item on your agenda this week for first reading, however, the City Attorneys are concerned with the additional land improvement fee being assessed. Although they feel it can be justified, they need more time to review the implications and recommend language and methodology for this additional impact fee. We will plan to have this item on your February 15 meeting agenda for first reading 35. The Entry Portal Work Group met Wednesday, January 26 at the Senior Center to continue discussion on entry feature designs for the city. The group is concentrating on the Gateway project portal at this time, and preliminary graphic designs were presented to the group by Landscape Architect David Baldwin. The plans focus on natural features, dense landscaping, and a significant water element. It is anticipated that the group will refine these plans and cost estimates and prepare an informational campaign to seek funding sources for the project. Please contact Chris Carpenter, Senior Planner with any questions 36. Also included with my memo: • Memo from Kevin Hugman concerning lights at Town Square • Update memo from Malcolm Jackson concerning Tetco N Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting February 1, 2000 Page 27 of 27 • Memo from Ben Henry concerning fire ant management on public grounds • Citizen letters regarding traffic safety • Thank you and compliment notes • Calendar of meetings/events Staff Extension Numbers: Campbell, Billy, City Manager, ext. 701 Carpenter, Chris, Senior Planner, ext. 866 Elam, Sharen, Finance Director, ext. 716 Gandy, Karen, Zoning Administrator, ext. 743 Harper, Ron, Public Works Director, ext. 779 Hugman, Kevin, Director of Community Services, ext. 757 Jackson, Malcolm, Chief of Building Services, ext. 726 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Director of Economic Development, ext. 750 LeGrand, Sandra, City Secretary, ext. 704 Polasek, Steve, Deputy Director Community Services, ext. 772 Queen, Courtney, Community Services Coordinator, ext. 827 Safranek, Lauren, Director of Human Resources, ext. 836 Siemer, Shelli, Assistant to the City Manager, ext. 806 Thomas, Charlie, City Engineer, ext. 814 Wilson, Garland, Director of Public Safety, ext. 735 Wright, Art, Zoning Assistant, ext. 828 Yelverton, Shana, Assistant City Manager, ext. 705 w +�•+ ii � in N [0 U U '~ a o o o 4-1 t- o o �n a M v v M ,I. c h O N 00 N a H N Q h N Q N � N[0 ssbdp �d d WWCV fiq C\ N " b 000N 00 0 p c+�00 6ri -� 6A O p M p v01• p Wi Obi vOi 00 W)i a � en N O N 00h 0 en VI i 9 N c 65 d9 69 N K 6q ` " O wl vOi •�^ ON 00 00 Rn rA ¢ � � rl- j io9 N vo �S 3 o ;o w O O y N 00 b b 00 0 tn 6 M 60%cq X S a Q 8 p v p 't ON 0000 It ll N Va N 604 N � � O sr p p CD pp pp pp 000 S 00 � � 404 H O O O 3 it rV1 "O u L � •U T A n, 3 H b a1 H o ai s es U .c O L E C 0 0n O N � L G! y O 7 � H O N .� ww 3 p "o 0 N tw o G O cd "O 'fl coE E E E E H 0 0 0 0 •� •� N N v7 v1 47 C L, N ON 'd "O N-- � C4 L L O N 00 N 0 3 0 0 0 0 0 O O O O O O O V/ Vl h H H H N fi Li Li, LT. ri. N - O - ri. U. 10 1 City of Southlake, Texas MEMORANDUM how TO: Billy Campbell, City Manager FROM: Sharen Elam Ext. 716 SUBJECT: Impact Fee accounting In line with the most recent impact fee study and to ensure that I fulfill my fiscal responsibility to report accurate information I think it would be beneficial to the City to consider hiring a consultant to review our records of impact fees collected/disbursed to date. In reviewing Local Government Code Section 395 (Financing Capital Improvements Required By New Development in Municipalities, Counties, and certain Other Local Governments), the historical data's accuracy is essential to complying with certain requirements of the code. After reading Code Section 395, the following are a couple of areas I would like to see the City strengthen the current accounting controls related to the impact fee process: a.) Adequate controls that ensure that an impact fee pledged will not be used or expended for an improvement or expansion that is not identified in the capital improvement plan. b.) Adequate procedures to monitor impact fees collected/disbursed by service area. If you have any questions related to the impact fee accounting process, please give me a call. City of Southlake, Texas MEMORANDUM January 26, 2000 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Holiday Lights at Town Square JINN 2 6 `?il'lFl You asked us to review the possibility of leaving holiday lights in trees at Town Square, and any costs, concerns, issues that may be related to doing this. We discussed the idea with Nancy Hormann of Town Square, Inc., as to what trees would be best to leave lighted. Staff was also investigating the following issues: • cost information related to lighting energy usage, • additional costs to the contract due to a change in conditions which could affect existing contract terms related to warranties and removal of lights, • impact of the lights on the trees themselves due to the method of installation ("canopy" installed or "branch wrapped"), and • methods of turning on and off lights for an extended period. The trees that would be best to leave lighted are the street trees on the shop side of State Street and Grand Avenue. However, the lights on these trees were installed using a tightly wrapped method along each branch. Subsequently, Tru-Green Landscaping, the contractor for the parks area and Town Square landscaping, has recommended that the lights be removed as soon as possible due to potential damage to the trees as a result of an expected early spring. As part of Tru-Green's contract, they warranty plant material as long as they are contracted for the maintenance. If we choose to ignore their recommendation, it is possible they will refuse to honor the warranty should any problems occur with these trees. It is our recommendation we remove the lights this year, but next year, address these issues in the contract. With an option in the contract to leave the lights installed year-round, or at least through spring, we will be better equipped to take this route. Please feel free to contact me with any further questions' you may have. KH Attachments: memo dated January 11, 2000 from Nancy Hormann Cc: Steve Polasek, Deputy Director of Community Services Nancy Hormann, Town Square, Inc. SOUTHLAkf` I `. TOWN SQUARE 13 . �1.I8 To: Kevin Hugman From: Nancy Hormann Date: 1 /11 /2000 Re: Lights In Trees Please let me know if this is a problem with anyone otherwise I will let Christmas Decor know that they should remove all the lights. City of Southlake, Texas MEMORANDUM January 27, 2000 TO: Garland Wilson, Director Public Safety FROM: Malcolm Jackson, Chief of Building Services SUBJECT: Tetco update Discussions have continued between Tetco and the Myer's Meadow residents during the past week. While there has been some progress, no final determinations have been made at this point. Following the meeting of January 18, 2000, Tetco conducted a further analysis of the options presented and determined that no significant noise reduction would occur with the implementation of those recommendations. As a result of the large expense, coupled with the minimal reduction in noise levels, Tetco removed those options as offers of a viable solution. Tetco subsequently offered to physically remove the blower from the facility so that it would no longer be utilized at any time. Tetco has already taken measures to correct the lid noise and they are making notification to their fuel supplier to make deliveries only during normal operational hours. Tetco desires to operate the car wash only during the times when the convenience store would be open, typically 6:OOa.m. to 11:OOp.m. Sunday -Thursday and until 12:OOa.m. on Friday and Saturday. This offer was presented to Stan Key who consulted with the other neighbors present at the original meeting. Stan Key subsequently advised they requested Tetco be re -contacted with the following points presented: (1) Thanks for the positive step of removal of the blower. (2) Noise remains an issue as pointed out in the August 1999 letter. (3) In the presentation to P&Z/Council there was an indication they would refrain from late hour operations. (4) They requested to know the reasons for the withdrawal of the previous offers, and (5) They requested research on other options, including the installation of the automatic door. These items were presented to Mr. Harris for consideration. Mr. Harris presented the issues to Tetco. Tetco reiterated that the original ideas were cost prohibitive, particularly in relation to their ineffective reduction of the noise levels. They further advised the automatic door was determined to have minimal effect on noise reduction in addition to being a constant source of maintenance problems. Tetco is researching the feasibility of installing a sound absorption material on the wall of the car wash, such as indoor/outdoor carpet, that will absorb some of the sound in addition to removal of the blower. Since the installation of the fence is no longer an issue, time constraints for a final decision and presentation to the Home -Owner's Association on January 31, 2000 is no longer an issue. That, in conjunction with the inclement weather and necessity for additional time to research the sound absorption material, necessitates that today's meeting be postponed. We anticipate that Tetco will provide some type of final offer next week. That information and/or offer will be provided to the Myer's Meadow residents for consideration at that time. You will be kept apprized of developments. I am available should you have specific questions or comments. MWJ/mwj MEMORANDUM January 4, 2000 TO: Kevin Hugman, Director of Community Services FROM: Ben Henry, Park Planning and Construction Superintendent SUBJECT: Fire Ant Management on Public Grounds Currently, the most effective way to suppress fire ant populations without introducing high levels of harmful pesticides is to use bait -formulated insecticides. Baits are very specific in controlling fire ants' with few other species of ants while leaving birds, mammals, and other insects unaffected. Bait formulated insecticides containing hydramethylnon (Amdro, Combat, Maxforce) or abamectin (Raid, Ascend) work more quickly than insect growth regulator baits containing fenoxycarb (Logic, Award), pyriproxyfen (Distance) or s-methoprene (Extinguish). Of these, best results can be achieved with fenoxycarb. Logic is listed for agricultural applications. Award is listed for the turf areas of school grounds, parks, picnic grounds, sport fields, and other recreational areas. • Award is slow acting being a growth regulator, but very effective for control of fire ants. Worker ants collect and distribute throughout the colony. Within 4-8 weeks, there is considerable ant mortality and a continual decline of the ant colony. • Award is broadcast applied at 1.5 pounds per acre twice per year. Composition includes 1 % active ingredient (fenoxycarb) and 99% inert ingredients. • Award is toxic to fish and aquatic invertebrates. However, rapid degradation mitigates effects. Therefore, applications should occur when forecast of rain is minimal and outside the high water level of adjacent ponds. • Award is the only qualifying insecticide considered a `Green List' product due to the composition and application rate, allowing use to the discretion of the Certified Applicator. Few organic products containing plant -derived products such as pyrethrins, rotenone or pine oil extracts are available for fire ant control. The recommended use is limited to small areas such as vegetable gardens. Information to support this memorandum was prepared for the use by each school district's required `Integrated Pest Manager' as mandated by the Texas Structural Pest Control Laws and Regulations. �Sw w: t David W. Hess ; I M Beo tey Ct. — Southtata k TX 76M V Email .oven Jatluary 18, 2000 RE: Continental / Byron Nelson intersection Mr. Garland Wilson City of Souddake, Dep't. of Public Safety 667 N. Carroll Ave. Southlake, TX 76M Dear Mr. Wilson, My letter concerns the above named intersection, and the safety problems associated with it that have become obvious to me. 1 have bean a Southlake resident for more than five years, and have sew manly of the changers to the landscape. One of these was the creation of Byron Nelson parkway, nm=ag between Continental and FM 1709_ Since its creation, I have seen the immediate results of three separate accidents-- two of them involved more than two vehicles. Most recently was on January 7th at about 3:00 p.m. On this occasion, it happened just in front of me as 1 approached the intersection from the north. MY wife: called 911, and we rendered what aid we could to the occupants of a van and truck, two of the throe vehicles involved. The air bags of both vehicles had activated. The 21 year -old driver of the truck, now laying on the ground, asked me, `what happened, wasn't that a four-way As you are aware, the intersection allows continuing traffic on Continental, with a two-way stop on Byron Nelson. This clearly is too aon6ning to many motorists who nattaally anticipate the intersection to be a 4-way stop. I believe that are a few traps associated with it. One is the anumption made by the driver unfamiliar with the arm diet this is a 4-way stop. The other relates to the familiar resident who whoker due to a mplaceticy, cell phone use, or other division of attention, proceeds through the intersection from any variety of duections assuming other traffic is stopping. Also there may be a visibility problem sitting on the south end of Byron Nelson when Proceeding northbocmd or turning, enla mced by traffic speeding westbound on Continental. These problems are obviously continuing to odour despite the addition of signs warning of the through traffiir- Selfishly, I would prefer to continue to make the free left turn from Continental to Byron Nelson, stopping only to yield to oncoming traffic. But this consideration is irresponsible in light of the hazards to motorists and pedestrians alike. In the morning hours particularly, kids biking or wanking to Rockenbeuagh Memeentary fad it dif&attt to safely moss Continental. Certainly seeing the results of three accidents would suggest that there have been many mote. Whether or not there have bow serious injuries, it is only a matter of time before something tragic own if this is not addressed. Thanks for you consideration of this matter. Sincerely, David W. loess M (a4uCL2 o?8a000 "1 al2d 4�1;4m t�zl kc. J � 7G. 9z C74- 1,4 vac a. l Iu apt a. 12 c� two c2.�ita..cZ`�eAk-) _ 02 or,ew . ✓a� eta �ta�. 4-� f` �� am o7z� .c/' %u Ic 91 _ .. n�cd�a t�n•n.cdci�� a�c�z�'`ce�. ..... ...... 2na�. .n . • �n /i : /D ATi �.-� l � � 0 City of Southlake, Texas MEMORANDUM December 22, 1999 To: Barry Hinkle, Lieutenant Police Services From: D. L. Law, Sergeant Police Services Subject: Officer Compliment On Wednesday December 22, 1999 Mr. Ken Walker contacted Sergeant D. L. Law by telephone. Mr. Walker advised that he wanted to call to tell Sgt. Law what a great job Southlake Officers and dispatchers did in a situation on Wednesday December 22, 1999. On Wednesday December 22, 1999 Mr. Walker reported that he was operating his vehicle in Southlake, when a vehicle containing "a bunch of kids" threw something at his new truck. Mr. Walker then contacted SDPS 911 by his cell phone. Mr. Walker had no idea where he was. He gave the dispatcher landmarks as he was chasing the kids. Mr. Walker turned down North Carroll and Two Southlake Police Services Units located Mr. Walkers and the actors. Mr. Walker advised that the dispatcher was able to locate him by the landmarks and the situation "worked like clock work." Mr. Walker reported that the dispatcher and officers were calm and professional in the investigation. Mr. Walker advised that the personnel involved should know that he will never, take for granted, the presents of the Police, as he has in the -past, and that they did a great job in this incident and he wants them to know how thankful he is for them doing their job. A search of the call sheet revealed the personnel involved: Jennifer Hofer Dispatcher Dwayne Letz Investigating Officer Clifton Halvorson Assisting Officer SDPS Incident # 1999-00014376 I am available for questions regarding this issue. DL/dl ' delta Air Lines c Kelcie T. Nance Captain De' ILines, Inc. of Southlake y Dep ent 030 %'t P.O. Box 610348 Dallas, TX 75261-0348 Telephone 214 574 2267 Mayor: Rick Stacy Mayor Pro Tem: Gary Fawks Deputy Mayor Pro Tem: Ronnie Kendall Councilmembers: Wayne Moffat Rex Potter Debra Edmondson Patsy DuPre City Manager: Billy Campbell Assistant City Manager: Shana K. Yelverton ,ity Secretary: Sandra L. LeGrand 9 a16 667 N. Carroll Ave. • Southlake, Texas 76092 I ' (817) 481-5581 • FAX (817) 488-5097 ,II % "AN EOI_IV. OPPORTUNITY EMPI OYER" F10016D TANK d Second Hat -rest Food Bank January 12, 2000 Chief Ricky Black Fire Services City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Dear Chief. Black: Thank you for having your fire stations serve as collection sites for Tarrant Area Food Bank's 1999 Annual Holiday Food Drive. Your department's participation made it simple and convenient for residents of your community to donate food during the Thanksgiving and Christmas holidays. More than 10,000 pounds of food were collected at various fire stations throughout Tarrant County. Please convey to your staff the gratitude of Tarrant Area Food Bank staff, volunteers, and member agencies. We appreciate your commitment of resources to help feed hungry community members. We hope you will work with us again in November and December 2000. Sincerely, Andrea K. Helms Public Relations Director c: City Manager 2600 Cullen Street Fort Worth 76107 • (817) 332-9175 Phone • l817i 877-5148 Fax A I; February 2000 Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 7:00 PM City Coun- 6:00 PM SYAC 6:30 PM P&Z Mtg 6:00 PM Chamber cil Mtg @ City Hall Meeting @ @ City Hall Banquet @ Comm. Ctr. Water Issues Marriott Solana Relative to Lake- wood Ridge & Indian Creek @ TBA 6 7 8 9 10 11 12 6:00 PM Employ- 1:15 PM Sr Adv 11:30 AM Mayor's 7:00 PM JUC ee Banquet @ Crate s r crr�Y. LA=heon @ Meeting @ Marriott Solana 5:00 PM Youth 7:00 PM Sister Cities CISD Annex Park Board Meeting @ Mating ® Sr. Ca. 7:00 PM SPIN 12-13- 7:00 PM SPIN 14 Comm. Ctr. 15-16 Meeting Q City Meeting @ 6:00 PM Strategic 7:000PPM SPIN 6 Mating CISD Annex Plan Meeting @ @ sr. Ctr. Admin ConE 7:00 PM SPIN 7 Mating Rm. Q CISD Annex 13 14 15 16 17 18 19 7:00 PM Park 7:00 PM City Coun- 6:00 PM SYAC 6:30 PM P&Z Mtg Board Meeting cil Mtg @ City Hall Meeting @ @ City Hall @ Comm. Ctr. Comm. Ctr. 7:00 PM KBS Meeting @ Comm. Ctr. 7:00 PM SPIN 7 Meeting @ Sr. Bond ng Trip @ New York Ctr. 20 21 22 23 24 25 26 9:00 AM SPIN Retreat @ BSA (Solana) 27 28 29 6:00 PM SPDC 6:00 PM SYAC Meeting @ City Mock Council Hall Meeting @ City Hall 7:00 PM City Coun- cil Mtg @ City Hall J Meetings subject to change. As meetings come up or change we will notify you. Please call for more information prior to attending. `' %ALY U1 OVUMICIRC, ICAC1, MEMORANDUM January 28, 2000 TO: Billy Campbell, City Manager FROM: Shawn Poe, Senior Civil Engineer SUBJECT: Authorize the Mayor to enter into a professional services agreement with Belcheff & Associates, Inc. for the engineering and design of North Kimball Avenue reconstruction from Highland Drive to SH 114 Action Requested: Staff requests Council to authorize the Mayor to enter into a professional services agreement with Belcheff & Associates, Inc. for the engineering and design of N. Kimball reconstruction from Highland Dr. to SH 114 (see attached project map). Background Information: N. Kimball was included in the 1992 Street Bond Program for reconstruction. The project was delayed several years for two reasons. First, Tarrant County reconstructed this section of roadway in 1990, just two years before the 1992 Street Bond election and repairs were not needed at that time. Second, over the past 2-3 years, the City was anticipating possible developer participation (Terra Brook) for reconstruction of the ultimate road. Nevertheless, this section of roadway needs repair as soon as possible. This section of roadway has experienced a substantial increase of traffic, primarily due to the residential development in the City of Grapevine. The City of Grapevine overlaid N. Kimball from the Southlake City Limits near Lake Grapevine to Shady Ln. 1.5 years ago. L Tarrant County has committed providing the labor for the reconstruction of N. Kimball if the City will pay for the engineering, surveying, and material costs. This would result in an estimated 50-70% savings for the City. Tarrant County has scheduled this project to begin in May 2000 with an estimated completion date of August 2000. The project scope will include constructing a two-lane, 22' wide roadway. However, at the intersection of SH 114, the pavement width will be widened to 33' to provide a left -turn lane for southbound traffic. Additionally, the radii will be increased at the intersection of Highland to provide for improved turning movements. 5C - 1 inancial considerations: There was $200,000 budgeted in the 1992 Street Bond Program for this project. The amount of this engineering and surveying proposal totals $41,591 (see attached proposal). The estimated material cost to construct this project is $100,000. Therefore, the estimated cost to construct this project is $141,591. Citizen Input / Board Review: Staff has experienced several telephone calls inquiring the timeframe for the reconstruction of N. Kimball from Highland to SH 114. Legal Review: Not applicable Alternatives: Not applicable Supporting Documents: Project map Proposal from Belcheff & Associates. Inc. Staff Recommendation: Staff recommends that Council authorize the Mayor to enter into a professional services agreement with Belcheff & Associates, Inc. for the engineering and design of N. Kimball reconstruction from Highland Dr. to SH 114 in the amount $41,591. Please place this item on the February 1, 2000 Regular City Council Agenda for approval. G� SEP/sep (*a." 5C - 2 N. Kimball Ave, Reconstruction 5C-3 MFJ THE STATE OF TEXAS § Now § '`COUNTY OF TARRANT § ENGINEERING SERVICES CONTRACT Kimball Avenue Reconstuction Project Name City of Southlake Project No. 100106.1 BAI Project No. THIS CONTRACT, by and between the CITY OF SOUTHLAKE, a municipal corporation located in Tarrant County, Texas, hereinafter called "City", and BELCHEFF & ASSOCIATES, INC., a corporation authorized to do business in the State of Texas, hereinafter called "Engineer", evidences the following: WHEREAS, City desires the professional engineering services of Engineer for design of Kimball Avenue Reconstruction from SH 114 to Shady Lane *%Wjw s.,. the City of Southlake and County of Tarrant, Texas hereinafter called "Project"; and WHEREAS, Engineer represents that it is qualified and capable of performing the professional engineering services proposed herein for this Project and is willing to enter into this Contract with City to perform said services; NOW, THEREFORE, the parties in consideration of the terms and conditions contained herein agreed as follows: EMPLOYMENT OF THE ENGINEER Engineer agrees to perform professional services in connection with the Project as set forth in the following sections of this Contract, and City agrees to pay, and Engineer agrees to accept fees as set forth in the following sections as full and final compensation for all services provided under this Contract. 2. CONTRACT ADMINISTRATION This Contract shall be administered on behalf of the City by the Director of Public Works or his designated representatives (hereinafter called "Director"), and on behalf of the Engineer by its duly authorized officials. 1%� 11.%� KimbaLRd4grmnt1.doc Rev. 07129196 5C-4 Page 1 of 8 3. ENGINEER'S SERVICES The Engineer agrees to render services necessary for the development of the Project as outlined in attached Exhibit "A" -- "Scone of Work." 4. PAYMENT FOR SERVICES A. Payment for Basic Services under Article 3 will be considered Fixed Fee. Payment for Additional Services provided by the Engineer will be computed at Engineer's current hourly rates to determine the payment due for such services. Current hourly rates are as shown in Attachment "A". B. Payments shall also include Direct Non -Labor Expenses which, in general, include expenses for supplies, transportation, equipment, travel, communication, subsistence and lodging away from home, and similar incidentals. The Direct Non -Labor expenses shall be reimbursable at actual invoice cost plus 10%, except for living and travel expenses when away from the home office on business connected with the Project. All travel outside of the Dallas/Fort Worth Metropolitan Area to be made, which are reimbursable at actual invoice cost, by the Engineer in connection with the Project must first be approved in writing by the City's Engineer. L. C. Subcontractor cost shall be reimbursed at the actual invoice cost plus 10%. D. Engineer shall submit itemized monthly statements for Services, Direct Non -Labor Expenses, and for Subcontractors Costs incurred. City shall make payments in the amount shown by the Engineer's monthly statements and other documentation submitted, and no interest shall ever be due on late payments. E. Payments for expenses, costs, and services for Basic Services, described in Article 3, shall be $ 41,591. F. Payments for expenses, costs, and services for Direct Non -Labor Expenses, described in Article 3, shall not exceed $750. G. Payments for expenses, costs, and services, for Subcontractor cost, described in Article 3, shall not exceed N/A. H. Total payments for expenses, costs, and services, described in Article 3, shall not exceed $ 42,341. I. Nothing contained in this article shall require City to pay for any work which is unsatisfactory as reasonably determined by the Director or which is not submitted in compliance with the terms of this Contract. City shall not be required to make KimbaLRdAgrmntl.docRev. 07129196 Page 2 of 8 5C-5 M any payments to the Engineer when the Engineer is in default under this Contract; nor shall this paragraph constitute a waiver of any right, at law or in equity, which City may have if the Engineer is in default, including the right to bring legal action for damages or for specific performance of this Contract. 5. OWNERSHIP OF DOCUMENTS All information and other data given to, prepared, or assembled by Engineer under this Contract, and other related items shall become the sole property of City and shall be delivered to City, without restriction on future use. Engineer may make copies of any and all documents and items for its files. A set of final blueline plans shall be filed with the City prior to final payment. Engineer shall have no liability for changes made to or use of the drawings, specifications, and other documents by anyone subsequent to the completion of the Project. City shall require that any such change or other use shall be sealed by the Engineer making that change or use and shall be approximately marked to reflect what was changed or modified. 6. SERVICES BY CITY City shall provide the following services under this Contract: A. Provide available criteria and information to the Engineer as City's requirements for the Project. B. Provide sample drawings, standard details and forms to use as guidelines. C. Provide all available City of Southlake drawings, maps, and notes relating to existing public facilities within the limits of the Project. 7. COMPLETION SCHEDULE The services furnished by the Engineer under this Contract will be completed in accordance with the following: Preliminary Plans submittal 60 calendar days Final Plans submittal 30 calendar days Bid Document submittal 15 calendar days Construction TBD For the purposes of this Contract, a month is defined as thirty (30) calendar days and a week as seven (7) calendar days. If any of the following submissions fall on a City non- working day, then the submission shall be due the following City working day. KimbaLRdAgrmntl.doc Rev. 07129196 5C-6 Page 3 of S R. NOTICE TO PROCEED City shall have complete control of the services to be rendered and no work shall be done under this Contract until the Engineer is instructed in writing to proceed. 9. TERMINATION OF CONTRACT City may indefinitely suspend further work hereunder or terminate this Contract or any phase of this Contract upon thirty (30) days prior written notice to the Engineer with the understanding that immediately upon the receipt of such notice all work and labor being performed under this Contract shall cease immediately. Before the end of the thirty (30) day period, Engineer shall invoice the City for all work accomplished by him prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of City upon termination of the Contract and shall be promptly delivered to City in a reasonably organized form without restriction on future use except as stated in Article 5. Should City subsequently contract with a new consultant for continuation of services on the Project, Engineer shall cooperate in providing information. 10. RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by City shall not constitute nor be deemed a release of the responsibility and liability of the Engineer, its employees, associates, agents, and consultants for the accuracy and competency of their designs or other work; nor shall approval be deemed to be an assumption of such responsibility by City for any defect in the design or other work prepared by the Engineer, its employees, subcontractor, agents and consultants. 11. EQUAL EMPLOYMENT OPPORTUNITY A. The Engineer shall not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, ancestry, national origin, or place of birth. The Engineer shall take affirmative action to insure that applicants are employed and that employees are treated during their employment without regard to their race, age, color, religion, sex, ancestry, national origin, or place of birth. B. If the Engineer fails to comply with the Federal Laws relating to Equal Employment Opportunity, it is agreed that the City at its option may do either or both of the following: 1) Cancel, terminate, or suspend the contract in whole or in part; 2) Declare the Engineer ineligible for further City Contracts until he is determined to be in compliance. KimbalRdAgrmnt1.doc Rev. 07/29/96 5C-7 Page 4 of 8 1 2. AMENDMENTS This Contract may be amended or supplemented in any particular only by written instrument and only as approved by resolution of City Council or the City Manager, except for termination under Section 9, Termination of Contract, which may be accomplished by the Director of Public Works or his designated representative as identified in Section 9, Termination of Contract. 13. COMPLIANCE WITH LAWS, CHARTERS, AND ORDINANCES ETC The Engineer, his consultants, agents and employees, and subcontractors shall comply with all applicable Federal and State Laws, the Charter and Ordinances of the City of Southlake, and with all applicable rules and regulations promulgated by all local, state, and national boards, bureaus, and agencies existing and published before date of this agreement. 14. RIGHT OF REVIEW Engineer agrees that City may review any and all of the work performed by Engineer under this Contract. City if hereby granted the right to audit at City's election, all of the consultant's records and billings related to the performance of this contract. Engineer agrees to retain such records for a minimum of three (3) years following completion of this contract. 15. CONFLICT OF INTEREST No officer or employee shall have any financial interest, direct or indirect, in any contract with the City or be financially interested, directly, in the sale to the City of any land, materials, supplies, or services, except on behalf of the City as an officer or employee. Any violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall thereby forfeit his office or position with the City. Any violation of this section with knowledge, expressed or implied, of the person or corporation contracting with the City shall render the Contract involved voidable by the City Manager or the City Council. 16. CONTRACT PERSONAL This Contract is for personal and professional services; and the Engineer shall not assign this Contract, in whole or in part, without the prior written consent of the City. 17. NOTICES All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing the same in the (W United States Mail at the address shown below unless and until either party is otherwise KimbalRdAgrmntl.doc Rev. 07129196 Page 5 of 8 5C-8 notified in writing by the other party at the following addresses. Mailed notices shall be deemed communicated after five days. If intended for Southlake, to: If intended for Engineer, to: Ronald J_ Harper, P.E. George Belcheff III, P.E. Contact Person Contact Person Director of Public Works Chief Engineer Title Title City of Southlake Belcheff& Associates, Inc. 667 N. Carroll Ave. Firm Name Southlake, Texas 76092 (817481-5581 1200 S. White Chapel, Ste. A Address Southlake, Texas 76092 City, State, Zip Code (817) 421-4891 Telephone No. INDEPENDENT CONTRACTOR In performing services under this Contract, Engineer is performing services of the type performed prior to this contract; and Engineer by the execution of this contract does not change the independent status of the Engineer. No term, or provision hereof, or act of Engineer in the performance of this Contract shall be construed as making Engineer the agent, servant, or employee of Southlake. 19. INDEMNITY Engineer agrees to defend, indemnify, and hold City whole and harmless against any and all claims for damages, costs, and expenses of persons or property that may arise out of, or be occasioned by, or from any negligent act, error or omission of Engineer, or any agent, servant, or employee of Engineer in the execution or performance of this Contract, without regard to whether such persons are under the direction of City agents or employees. This provision shall not be deemed to apply to liability for damage that is caused by or results from the negligence of the City of Southlake or its employees or others agents. ��. INSURANCE Kim baLRdAgrmntl. doc Rev. 07/29/96 5C-9 Page 6 of 8 Engineer agrees to maintain workmen's compensation insurance to cover all of its own personnel engaged in performing services for client under this agreement. Engineer also agrees to maintain public liability insurance covering claims against Engineer for damages resulting from bodily injury, death or property damage from accidents arising in the course of services performed under this agreement.. 21. VENUE The obligations of the parties to this Contract are performable in Tarrant County, Texas; and if legal action is necessary to enforce it, exclusive venue shall he in Tarrant County, Texas. 22. APPLICABLE LAWS This Contract is made subject to the provisions of the Southlake Code, other City Ordinances, Standards, Southlake Specifications for materials and construction, as amended, and all State and Federal Laws. 23. GOVERNING LAWS This contract shall be governed by and construed in accordance with the laws and decisions of the State of Texas. . LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof, and this Contract shall be considered as if such invalid, illegal or unenforceable provision had never been contained in this Contract. 25. PUBLISHED MATERIAL Engineer agrees that the City shall review and approve any written material about City projects and/or activities prior to being published by the Engineer. 26. CAPTIONS The captions to the various clauses of this Contract are for informational purposes only and shall not alter any substance of the terms and conditions of this Contract. 27. SUCCESSORS AND ASSIGNS This Contract shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise Kimbn1Rd4grmnt1.docRev. 07129196 Page 7 of 8 5C-10 28 ^Tovided in this Contract, their assigns. ENTIRE AGREEMENT This Contract (page 1 thru 8) embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to matters in this Contract, and except as otherwise provided herein, cannot be modified without written agreement of the parties to be attached to and made a part of this Contract. IN WITNESS WHEREOF, the parties hereby have executed this agreement in triplicate originals on this date, the day of 19 BELCHEFF & ASSOCIATES, INC. CITY OF SOUTHLAKE 1oocogdr' Signature City Manager Sr. Engineer Title 1200 �y. ite Chapel. Ste. A Address Southlake, Texas 76092 City, State, Zip Code ATTEST L Director of Public Works KimbalRdAgrmnt1.docRev. 07129196 Page 8 of 8 5C-11 Exhibit "A" -- Scope of Work Kimball Avenue Reconstruction Southlake Proj. No. BAI Proj. No. 100106.1 Belcheff and Associates, Inc. shall perform for you the following described Basic Services: 1. Preliminary Phase - a. observe site for design constraints and special conditions b. meet with City representative to clarify design requirements and standards and to collect existing utility and ROW information C. perform topographic design survey of proposed improvement area d. prepare survey base drawing e. identify ROW, addresses and property owners from existing records f. prepare preliminary construction plans for - i. reconstruction of road base by cement stabilization and asphalt overlay ii. perform preliminary investigation of drainage conditions for purpose of determining locations for remediation iii. verify grade adequacy for existing driveway culverts g. prepare outline of bid document �... h. submit and review preliminary design drawings with City 2. Final Design Phase - a. Receive, confirm and incorporate reasonable review comments from City into final plans b. prepare final construction plans for - i. reconstruction of road base by cement stabilization and asphalt overlay ii. transition to existing drives as necessary iii. perform final stormwater runoff and hydraulic calculations for selected locations C. prepare profiles for - i. street reconstruction area including bar ditches d. prepare erosion control plan as necessary e. prepare construction details as required f. finalize bid document g. submit and review final design drawings with City 3. Conformed Documents - a. receive, confirm and incorporate reasonable review comments from City into conformed documents b. provide City with conformed blueline drawings and construction ScpJKimRd doc 01113100 9:37 AM 5C-12 1 of 2 specifications for City's use 4. Construction Phase - a. Issue final conformed documents to County for their use b. Provide up to 4 days field construction staking C. provide field clarifications as required d. provide as -built record blueline drawings from county/inspector's mark- ups for city files e. provide electronic *.dxf files for city use ScPIK,mRddoc 01113100 9.37AM 5C-13 2 of 2 Attachment `B" BAI Rate Schedule as of January 1 2000 Sr. Engineer Staff Engineer/Surveyor Design Technician CAD Technician Survey Crew (2 man) $110.00 per hour $79.00 per hour $58.00 per hour $47.00 per hour $120.00 per hour Clerical $32.00 per hour Reimbursable Expenses Cost + 15% Out-of-town travel, submittal or client use reproductions, long distance telephone and facsimile transmissions, couriers, and other direct costs Sub -Consultants Mileage (outside of city) 1%01 5C—j 4 Cost + 10% $0.325/mi. On N. Kimball Ave Payina Improvements H 114 to Conceptual Shady Lane Cost Estimate ITEM ESTIM. COST PER EXTENDED NO. DESCRIPTION QUANT. UNITS UNIT TOTAL - I Mobilization 1 LS $ 5,000.00 $ 5,000 2 Water line valve box adjustment 10 LS $ 250.00 $ 2,500 3 Signage/traffic control/project signs 2 Mnths. $ 7,500.00 $ 15,000 4 8" Subgrade scarify/pulverize pavement/ mixing/compaction/fine grading (24') 10,400 SY $ 4.50 $ 46,800 5 8" Subgrade scarify/pulverize pavement/ mixing/compaction/fine grading (32') 1,778 SY $ 4.50 $ 8,000 6 4" Type "B" HMAC base course (22') 2,002 Ton $ 37.50 $ 75,075 7 2" Type "D" FA AC surface course (22') 1,001 Ton $ 37.50 $ 37,538 8 4" Type "B" HMAC base course (34') 373 Ton $ 37.50 $ 14,000 9 2" Type "D" HMAC surface course (34') 187 Ton $ 37.50 $ 7,000 10 Cement (est. @ 401bs/sy) 208 Ton $ 115.00 $ 23,920 11 Unclassified excavation 1,950 CY $ 7.50 $ 14,625 12 Asphalt tack coat 10,400 SY $ 0.50 $ 5,200 13 Asphalt prime coat 10,400 SY $ 0.50 $ 5,200 14 Petromat (or equiv.) 10,400 SY $ 1.50 $ 15,600 1 ' HMAC driveway transition w/. sawcut 4 Ea. $ 750.00 $ 3,000 HMAC driveway 4 Ea. $ 600.00 $ 2,400 16 18" RCP culvert 80 LF $ 60.00 $5,760 17 18" culvert safety end headwall 10 Ea. $ 500.00 $12,000 18 Stormwater pollution prevention 2 Mnths. $ 2,000.00 $ 4,000 19 Landscape repair/sod replacement 1.79 Ac. $ 5,000.00 $ 8,953 20 Roadway markings 1 LS $ 7,500.00 $ 7,500 21 Misc. items 3.0% LS $ 9,079 $ 9,079 Subtotal Constr. $ 328,150 10.0% Contingency $32,815 Total Construction $ 360,965 7.80% Design Eng. $ 28,155 2.40% Design Surv. $ 8,663 Total Project Cost $397,783 1.20% Constr. Surv. $ 4,773 Note: Estimated costs do not include ROW aquisition or utility relocation l Ki m b R d C o n c C st 1. xi s/1262000 5C-15 Page 1 City of Southlake, Texas MEMORANDUM January 28, 2000 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 772) SUBJECT: Approval of the Facilities Utilization Agreement with the Southlake Baseball Association (SBA) Action Requested: City Council approval of the Facilities Utilization Agreement with the Southlake Baseball Association (SBA). Background Information: The Southlake Baseball Association (SBA) currently serves approximately 1,200 children between the ages of 6 and 16. Annually, the City of Southlake and SBA enter into an agreement for the use of game and practice fields for spring and fall seasons, as well as All Star tournaments. The agreement also covers the use of the baseball concession stand in Bicentennial Park. In general, the facilities utilization agreement is intended to address such issues as season dates, insurance requirements, hours of play, field maintenance, field requirements, and concession stand use, among others. Through the years, staff has reviewed other municipal field usage agreements as part of the development process for the current document. The draft agreement is also reviewed annually by the City Attorney and staff in order to address any recent changes. The draft agreement is then forwarded to the Association for review and comment. Based on the review of the City Attorney, staff, and the association, changes to this year's agreement include: • The addition of two (2) practice areas in Bicentennial Park • Exhibit A, paragraph 7, stating that SBA may be held responsible for the cost to repair fence damage resulting from warm up hitting and soft toss • Practice and game dates for the year 2000 • Minor wording modifications intended to clarify the document Also included as part of the agreement are the general field requirements for SBA which include: • Bicentennial fields #4 - # 10 • Bicentennial practice fields #1 and #2 (new fields) • Durham practice field #2 • Koalaty Park practice fields #2 and #4 Billy Campbell City Manager January 28, 2000 age 2 Financial Consideration: Not applicable. Citizen Input/ Board Review: The Parks and Recreation Board unanimously approved at their January 10, 2000 meeting, recommending the Facilities Utilization Agreement to City Council for approval. The Agreement has been reviewed by the Southlake Baseball Association and was approved at their January 8, 2000 meeting. Legal Review: The proposed facilities utilization agreement has been reviewed by the City Attorney and is modeled after previous facilities utilization agreements. Alternatives: 0 Council comment and input on the facilities utilization agreement. • Council decision not to enter into an agreement with SBA for the use of City athletic facilities. Supporting Documents: 1999-2000 Facility Usage Survey • Proposed 2000 Facilities Utilization Agreement with SBA Staff Recommendation: City Council approval of the 2000 Facilities Utilization Agreement with Southlake Baseball Association. V Lei o v o z oo o z z z z z o ���V Ea•. b b t= rOy 4Cd to wi5,s Cdcd H O O O O 6i 'r•.. O N a� im. 0 a� r4 O z a> V'1 O z rCd O �'•• 0 tr) Cd 0 y ca N Z O N O O O ytn O O N O >4d: s o O o b cu 5. t cl di u Z z z y. Z 04 +. W gry O O O O O O H y y .... y h y y Q b z cc co ,b> >U 0 •r 0 as s, a� b CI a� y u V CC H aE 0 z � Lw�a ol_ z. is _r Ij •r W, p,y O eM FACILITIES UTILIZATION AGREEMENT he parties to this agreement are the City of Southlake, Texas, herein called "City", and the Southlake Baseball Association, herein called "SBA". FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES City agrees to provide game fields and practice fields as defined by Exhibit "E", SBA Field requirements. SBA shall provide field requirements and dates for Spring and Fall seasons shall be provided by SBA to City at least 90 days prior to opening day of a season. Facilities in Exhibit "E" are herein called "Premises" in accordance with the terms of this Agreement. II. SEASONS AND HOURS The seasons of this Agreement shall be Spring Season, Fall Season and All Stars on the days of Monday through Sunday, with each facility usage to not begin before 4:00pm on weekdays or 8:30am on Saturdays, and 12:00pm on Sundays. The following are approximate dates for significant activities: Coach Look Practice Begins Opening Day: Bronco, Pony, Shetland Pinto, Mustang Colt, End of Regular Season All Stars Spring January 29, 2000 February 14, 2000 March 25, 2000 Last day in May June, July, first week of August Fall 2nd week of August Last week of August First Saturday, September First Saturday, November The facilities provided by this Agreement are herein called "Premises." III. FEES AND ASSIGNMENT SBA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. (Example: approved tournaments) SBA reserves the right to request a voluntary donation for admission to events other than regularly scheduled league games. SBA agrees to provide signs clearly indicating donations are requested only for the SBA activity occurring on Premises. Access to other Premises activities shall be clearly available. SBA shall not assign this agreement nor shall it rent out any property of the City without prior written consent of the City. Rev. Date 1/6/00 FACILITIES UTILIZATION AGREEMENT PAGE 1 OF 15 Print Date 1/6/00 SOUTHLAKE BASEBALL ASSOCIATION, INC. U-,6. 31111 IV. UNLAWFUL ACTIVITIES _)BA shall not engage in any activities on the premises which are in violation of any existing state, federal, local law or use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. V. PERMISSION FOR INSTALLATION OR CONSTRUCTION SBA, in accordance with the City's Donation Policy shall submit to the Parks and Recreation Board for approval any proposal to install or construct temporary or permanent structures, signs, equipment, or other related items. Permanent structures shall become the property of the City. SBA is allowed a maximum of two (2) signs listing SBA sponsors for the current and previous year. Signs are not to exceed the size of (4 feet by 8 feet). A pennant style sign will be allowed on each field that lists the previous years season winners. The signs are not to exceed the size of (3 feet by 5 feet). VI. INDEMNITY SBA SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY SBA OFFICIALS, PLAYERS, MEMBERS, OFFICERS, OR EMPLOYEES OF THE CITY IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS %RISING FROM THE NEGLIGENCE OF THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN PARAGRAPH XII OF THIS AGREEMENT. VII. FOOD SERVICE SBA shall ensure that all food or drink prepared, served, sold, or stored complies with all city, state, county and federal law. See attachment "F" for concession stand uses. VIII. DOCUMENTS AND OFFICERS SBA shall submit to the Southlake Parks and Recreation Division a copy of rules and regulations, charters, constitution, and by-laws of SBA. Names, addresses and phone numbers of all officers and board members of SBA shall also be submitted to the Parks and Recreation Division within two weeks after election or appointment. Rev. Date 1/6/00 FACILITIES UTILIZATION AGREEMENT PAGE 2 OF 15 Print Date 1/6/00 SOUTHLAKE BASEBALL ASSOCIATION, INC. s0-r Southlake Parks and Recreation Division shall submit to SBA the Names, addresses and phone numbers of all Parks and Recreation Division supervisors and managers and Parks Board members ,vithin two weeks after election or appointment. IX. ROSTERS AND SCHEDULES SBA shall furnish the Parks and Recreation Division the number of players by age and division and zip code within one week following Opening Day of each season. A full schedule for the season will be submitted, if available one full week prior to Opening Day of each season. If full schedule is not available, SBA will submit one month's schedule, one full week prior to those scheduled games. X. FIELD MANAGER SBA shall furnish the Parks and Recreation Division the names and telephone numbers of persons designated as field managers. It shall be the responsibility of the field manager to meet with and discuss field conditions with a Parks and Recreation Division representative. It shall also be the responsibility of the field manager to submit a work order form to the Parks and Recreation Division to request any maintenance not specifically mentioned within this agreement and/or needed repairs or supplies. The SBA Field Manager shall meet before each season with the Parks Crew Leader to be briefed on maintenance procedures and techniques. XI. INSURANCE 3BA at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect SBA and CITY from all claims for damages to property and persons, and such insurance policy shall carry the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by competitors in the organized athletic activity. The insurance shall protect CITY from and against all liability for claims arising out of or in connection with SBA's use and occupation of the premises. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and limit of liability insurance is as follows: TYPE Comprehensive General Public Liability MINIMUM LIMIT $1,000,000-Combined Single Limit Coverage For Bodily Injury and Property Damage, or On a Per Occurrence Basis All insurance policies shall be subject to the examination and approval of the Office of the City Manager for Southlake, for their adequacy as to content, protection and named insurance company. SBA shall furnish to CITY copies of such insurance policies within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by SBA at the City of Southlake Park Facilities, whichever comes first. SBA understands and agrees that it has the sole responsibility to Rev. Date 1/6/00 FACILITIES UTILIZATION AGREEMENT PAGE 3 OF 15 Print Date 1/6/00 SOUTHLAKE BASEBALL ASSOCIATION, INC. 4rh sp46 provide this information and that failure to timely comply with the requirements under this Article shall be cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional insured shall be primary insurance and not contributing with any other insurance available to CITY under any third party liability policy. SBA further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. SBA agrees to procure insurance to cover accident medical expenses for all players. This insurance benefit will be designed to pay the excess of any expenses payable by other valid and collectible insurance to an insured person for an injury caused by a covered accident. XII. LIMIT ON HOURS OF PLAY SBA agrees to stop play (includes games and practices) by 10:00pm on Sunday thru Thursday, and 11:OOpm on Friday and Saturday. Lights will be turned out respectively at 10:30pm on Sunday thru Thursday, and 11:30pm on Friday and Saturday. XIII. PUBLIC ADDRESS SYSTEM No Public address system may be used after 8:00pm on Monday thru Sunday. XIV. COMMISSIONER SBA agrees to provide a league representative on -site at each SBA organized league or tournament game held on the premises. XV. EXHIBITS The City and SBA agree that the exhibits attached to this agreement are incorporated into this agreement as if set out in their entirety. Exhibits included are: 1. MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. STORAGE FACILITIES AGREEMENT "C" City Storage Location Assignments 4. EQUIPMENT AGREEMENT Rev. Date 1/6/00 FACILITIES UTILIZATION AGREEMENT PAGE 4 OF 15 Print Date 1/6/00 SOUTHLAKE BASEBALL ASSOCIATION, INC. $006o "D" 2000 Equipment List and Requirements 5. SBA FIELD REQUIREMENTS "E" 2000 Field Requirements 6. Concession Stand "F" 2000 Concession XVI. SCHEDULING The City reserves the right to utilize the premises when SBA activities are not scheduled. If SBA fails to use the premises for its designated and scheduled activities, the City may terminate Agreement. XVII. DEFAULT If either party, City or SBA, violates any term of this Agreement, either party may find the other in default and terminate the Agreement. Any termination will be made with a thirty (30) day notice and the right to cure within ten (10) days after providing written notice to the party in default. This Agreement is made and entered into on the 2000. CITY of SOUTHLAKE by: Sandra LeGrand, City Secretary Approved as to form City Attorney day of Rick Stacy, Mayor City of Southlake Jerry Kegley, President Southlake Baseball Association This Agreement approved by the Board of Directors, Southlake Baseball Association, and entered into the minutes of the Board meeting held , 2000. Secretary Southlake Baseball Association Rev. Date 1/6/00 FACILITIES UTILIZATION AGREEMENT Print Date 1/6/00 SOUTHLAKE BASEBALL ASSOCIATION, INC. Sd• 8 PAGE 5 OF 15 EXHIBIT "A" MAINTENANCE AGREEMENT FOR PUBLIC FIELDS 1. The Parks and Recreation Division (City) shall maintain the infield and all turf areas in the outfield to include mowing, weed control, fertilizing and herbicide spraying. 2. The City shall perform all pre -season clay and turf maintenance to include adding soil conditioners, clay renovation, and cutting infield arcs and base paths. The City shall build the pitcher's mound if needed. The City shall also provide clay, sand, soil, etc. to be used in leveling or back filling low areas when deemed necessary. 3. The City shall drag the infields Monday thru Friday and on Saturday mornings for scheduled league play, weather permitting. SBA shall be responsible for dragging fields for all games on Saturdays after the initial dragging and lining by park staff for the first morning game. SBA shall apply water and stripe as required during Saturday games. 4. SBA shall be responsible for payment of any damage caused to the fields with regards to the dragging of the infields if found to be caused by SBA. This includes but is not limited to sprinklers heads, bases, base pegs, quick couplers, and the outfield grass apron. SBA shall leave a space of one (1) foot between all edges of the outfield when dragging the infield. 5. All equipment used by SBA must be approved by the Parks and Recreation Division and all users must complete a training course provided by the parks maintenance employees prior to the beginning of the season. Only users who have attended the training and signed the waiver with the Parks Division will be able to drag the fields. 6. The City shall mark all foul lines. 7. The City shall maintain all backstops, fences, and gates. SBA will ensure that the fencing will not be used for warm-up hitting causing damage. SBA will ensure that soft toss will not be allowed except in designated soft toss areas. SBA will ensure that no pitching machines will be set up to disperse balls directly into the side of the fencing. The pitching machine can be used on Pitcher's mound or against pitching practice fence only. Damage to fencing as a result of warm up hitting, soft toss, or other activities may result in SBA being responsible for payment of any repair to damaged fencing. 8. The City shall maintain all bleachers and dugout. 9. The City shall provide and maintain all area and ball field lighting systems. 10. The City shall be responsible for the maintenance of any infield irrigation system and watering of the infield. If field conditions warrant additional watering, SBA may water as needed. City will provide the quick coupler connections to Association at the beginning of the season. Rev. Date 1/6/00 FACILITIES UTILIZATION AGREEMENT PAGE 6 OF 15 Print Date 1/6/00 SOUTHLAKE BASEBALL ASSOCIATION, INC. s 11.The City shall be responsible for the maintenance of any outfield irrigation systems and watering of the outfield areas. 12. The City shall maintain the rest rooms in a sanitary condition. 13. The City shall be responsible for all public scoreboards and the lines leading to the scoreboards. SBA shall maintain and provide any repairs to the scoreboard control boxes and pay for replacement of the scoreboard control boxes if misplaced or lost by SBA. 14. The City shall provide and install the home plate and base pegs. 15. The City shall be responsible for chalking of baselines and any other field markings necessary for scheduled league play, Monday through Friday. The City shall provide line chalk for the purposes of completing these markings only on fields maintained and scheduled through the City. SBA may drag and line fields between games as necessary. SBA shall provide line chalk for its own additional uses and may line fields as needed in addition to the above. SBA shall provide necessary maintenance equipment for its use. Maintenance procedures and equipment should conform to City approval and field maintenance guidelines. The city shall provide 60 bags of chalk for the spring season and 20 bags of chalk for the fall season for striping of the infields. Any additional bags of chalk must be purchased by SBA for the remainder of the season. 16. SBA shall place bases and pitchers rubbers for each game. (City will provide one set of bases and one pitcher's rubber for each field. Bases will be labeled City -SBA or City-SGSA) The City will install and maintain base pegs in ground, and provide necessary tools. If the bases are stolen or lost, the association is responsible for replacement. For Shetland division, the first base is to be a league approved double base. SBA will request and instruct coaches to remove and store bases and pitching rubber following completion of each day's play. At the end of the season each association will return to City one set of bases and pitching rubber for each field. 17.SBA shall be responsible for daily game day collection of all litter on their fields to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds. All litter shall be placed in the receptacles provided by the City. The City shall provide pick up for these receptacles. 18. SBA is prohibited from performing any maintenance to any turf or infield areas (except as stated in #3, 4, 5 above), without permission from the City. 19. SBA shall ensure that all secured areas remain locked and/or are locked at the completion of each activity. SBA shall chain gates to the fields after the conclusion of all practices and games. The City will provide the Field Manager keys necessary for emergency access to main gate(s) and to all field gates. Rev. Date 1/6/00 FACILITIES UTILIZATION AGREEMENT PAGE 7 OF 15 Print Date 1/6/00 SOUTHLAKE BASEBALL ASSOCIATION. INC. SDa./V 20. SBA shall ensure that all field lights are turned off at the completion of all practices and games in accordance with section XIII. Limits on Hours of Play. The City will provide the Field Manager keys necessary for access to all light switches. 21. The City shall maintain all fencing associated with batting cages and SBA will maintain and secure all netting. 22. SBA will provide all necessary maintenance equipment, used for its purposes, not specifically named in this agreement. Rev. Date 1/6/00 FACILITIES UTILIZATION AGREEMENT PAGE 8 OF 15 Print Date 1/6/00 SOUTHLAKE BASEBALL ASSOCIATION, INC. EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at game time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) 1. The City will inspect Athletic Fields by 4:00 PM and will, if conditions warrant, consult with the appropriate SBA Field Manager, Commissioner, or their designate, about the status of the field(s). The Parks Employee will have the final responsibility for canceling games with regards to field conditions for weekday games. 2. The Parks and Recreation Division representative will take responsibility for making a decision based upon field condition or weather. 3. After games have begun and inclement weather becomes a factor, SBA officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) 1. A Parks Division employee will monitor the weather and field conditions and consult with the appropriate SBA Field Manager, Commissioner, or their designate, about the status of the field(s) by 7:30am Saturday morning. Status for Saturday PM games will be reevaluated at 11:30am and the field decision will be made prior to Noon Saturday. The SBA field manager will be notified immediately of any field closures. 2. After games have begun and inclement weather becomes a factor, SBA officials shall follow the same guidelines for deciding cancellation or postponement. CITY Staff Guidelines for Implementation 1. The primary responsibility, within the Park Maintenance staff, for making field closure decisions rests with the Parks Crew Leader responsible for athletic field maintenance. 2. In the Parks Crew Leader's absence, the second Crew Leader shall make the decision concerning Athletic Field Closures. Rev. Date 1/6/00 FACILITIES UTILIZATION AGREEMENT PAGE 9 OF 15 Print Date 1/6/00 SOUTHLAKE BASEBALL ASSOCIATION. INC. 42404fx 3. The Park Maintenance staff shall consult with the Parks Crew Leader on any decision concerning athletic field closures. 4. In the absence of both the Parks Crew Leader and the Park maintenance staff, a person designated by the Director or Deputy Director of Community Services shall make decisions concerning athletic field closures. NOTIFICATIONS 1. The appropriate SBA Field Manager has the responsibility to notify the SBA and the participants about the field closure decision. 2. The city staff will place notification of field conditions on the "field condition" phone line (481-5581 press 1, 7 and then 5) by 4:00pm on weekdays and 7:30am on weekends when activities are scheduled. 3. The maintenance crews will require a minimum of 24 hours prior notice of rescheduled games by SBA. If 24 hour notice is not received the City will not prepare fields for use. 4. If a game is canceled due to rain, that game cannot be moved to another field without the approval of the Park Crew Leader. 5. Associations are required to comply with and enforce all posted facility signage. Rev. Date 1/6/00 FACILITIES UTILIZATION AGREEMENT PAGE 10 OF 15 Print Date 1/6/00 SOUTHLAKE BASEBALL ASSOCIATION, INC. EXHIBIT "C" STORAGE FACILITIES AGREEMENT 1. SBA shall have use of the storage area located at the new concession building. This storage area will be shared with Southlake Parks and Recreation. 2. The term of this agreement for storage usage shall be from January 1 through December 31 of year of the Facilities Agreement. 3. The City will check out a key to SBA at the beginning of the season and the key must be returned to the Parks and Recreation office within the first week after the conclusion of the season. 4. City storage areas are reserved for City purposes only and access is limited to City personnel. 5. SBA waives any claim against the City for loss of or damage to equipment stored in storage area. Rev. Date 1/6/00 FACILITIES UTILIZATION AGREEMENT PAGE 11 OF 15 Print Date 1/6/00 SOUTHLAKE BASEBALL ASSOCIATION. INC. sa•iy EXHIBIT "D" 2000 EQUIPMENT LIST AND REQUIREMENTS 1. The SBA will be given the following equipment for use on Fields #4 thru #10 at Bicentennial Park: Equipment Condition 7 Sets of Hollywood Style Bases or Comparable Good 7 Pitching Rubbers Good 7 Clean Out Tools Good 21 Field Plugs Good 2. The above mentioned equipment will be distributed to SBA at the start of the season and must be returned within one week of the end of the season. If any equipment is missing or damaged, SBA is held responsible for the replacement of the missing or damaged equipment. 3. Keys will be distributed to SBA at the beginning of the season to the main gates, fields, lights, and buildings. These keys must be returned to the parks and recreation office within one week of the conclusion of the season. 4. SBA is responsible for the care of all keys distributed to them. If a key is misplaced or lost, SBA will be responsible for any costs involved with changing the locks. Rev. Date 1/6/00 FACILITIES UTILIZATION AGREEMENT PAGE 12 OF 15 Print Date 1/6/00 SOUTHLAKE BASEBALL ASSOCIATION, INC. sx-ir EXHIBIT "E" 2000 FIELD REQUIREMENTS SPRING Division Opening Day Estimated Teams League Games Weeks of Season Weeks of Tournament Practices per Week SHETLAND 3/25/00 24 10 9 2 2 PINTO 3/25/00 30 14 9 2 2 MUSTANG 3/25/00 28 16 9 2 2 BRONCO 3/25/00 15 16 9 2 2 PONY 3/25/00 12 16 9 2 2 COLT 6/01/00 4 16 8 2 2 FIELD REQUIREMENTS: Fields Practice Dates Game Dates Pinto #4 2/14/00 thru 3/25/00 3/25/00 thru 8/6/00* Pinto #5 2/14/00 thru 3/25/00 3/25/00 thru 8/6/00* Bicentennial #6 2/14/00 thru 3/25/00 3/25/00 thru 8/6/00* Bicentennial #7 2/14/00 thru 3/25/00 3/25/00 thru 8/6/00* Bicentennial #8 2/14/00 thru 3/25/00 3/25/00 thru 8/6/00* Bicentennial #9 2/14/00 thru 3/25/200 3/25/00 thru 8/6/00* Bicentennial #10 2/14/00 thru 3/25/00 3/25/00 thru 8/6/00* Durham #2 2/14/00 thru 8/6/00 Bicentennial Practice Fields #1 & #2 2/14/00 thru 8/6/00 Koalty Park #2 & #4 4/14/00 thru 8/6/00 *Only teams that are still participating in the All Star activities shall be permitted to continue practicing. Rev. Date 1/6/00 FACILITIES UTILIZATION AGREEMENT PAGE 13 OF 15 Print Date 1/6/00 SOUTHLAKE BASEBALL ASSOCIATION, INC. SD -/A EXHIBIT "E" 2000 FIELD REQUIREMENTS FALL Division Opening Day Estimated Teams League Games Weeks of Season Weeks of Tournament Practices per Week SHETLAND 9/9/00 18 10 8 0 2 PINTO 9/9/00 20 12 8 0 2 MUSTANG 9/9/00 18 12 9 0 2 BRONCO 9/9/00 14 12 8 0 2 PONY 9/9/00 8 12 - 8 0 2 COLT 9/9/00 4 12 8 0 2 FIELD REQUIREMENTS: Fields Practice Dates Game Dates Pinto #4 8/19/00 thru 11/4/00 9/09/00 thru 11/4/00 Pinto #5 8/19/00 thru 11/4/00 9/09/00 thru 11/4/00 Bicentennial #6 8/19/00 thru 11/4/00 9/09/00 thru 11/4/00 Bicentennial #7 8/19/00 thru 11/4/00 9/09/00 thru 11/4/00 Bicentennial #8 8/19/00 thru 11/4/00 9/09/00 thru 11/4/00 Bicentennial #9 8/19/00 thru 11/4/00 9/09/00 thru 11/4/00 Bicentennial #10 8/19/00 thru 11/4/00 9/09/00 thru 11/4/00 Durham #2 8/19/00 thru 11/4/00 Bicentennial Practice Fields # 1 & #2 8/19/00 thru 11/4/00 Koalty Park #2 & #4 8/19/00 thru 11/4/00 Rev. Date 1/6/00 FACILITIES UTILIZATION AGREEMENT PAGE 14 OF 15 Print Date 1/6/00 SOUTHLAKE BASEBALL ASSOCIATION, INC. Xb a-17 EXHIBIT 7" 2000 CONCESSION AGREEMENT The parties to this request which are in understanding and agreement are the City of Southlake, Texas, herein called "City", and the Southlake Baseball Association, herein called "SBA." The parties agree and understand to the following: 1. SBA will at all times during the term of this agreement maintain the concession stand in a sanitary manner in compliance with City, County and State statutes and ordinances. 2. SBA is responsible to ensure that the concession stand pass inspection by the County Health Department and that the health permit issued be posted in the concession stand. 3. SBA shall clear the area of all trash, garbage, paper, containers, litter, etc. generated by the concession stand. A dumpster and trash receptacles are furnished by the City. 4. The City will furnish SBA one key to the concession stand. This key must be returned to the Parks and Recreation office within one week after the conclusion of the season. 5. The City shall be responsible for all water and electric bills for the concession stand. 6. The City shall be responsible for underground utility line and pipes leading to and from the concession stand. The City is responsible for the building structure of the concession stand. The City shall be responsible for any mechanical maintenance or repairs on city owned equipment within the concession stand. 7. SBA shall be responsible for keeping on only the essential appliances during non -operating hours. Only refrigerators, freezers and ice machines may be left on. Air conditioners and lights shall be turned off when not in use. SBA shall be responsible for the upkeep and maintenance of SBA owned equipment. SBA waives any claim against the City for loss of or damage to equipment or inventory stored in storage area or in the concession stand. 8. SBA shall be responsible for securing insurance for any inventory owned by Association. The City will not allow unsupervised admission to the concession stand during non use hours by SBA. 9. The City reserves the right to utilize the concession stand when not in use by SBA. City agrees to provide 72 hour notice to SBA prior to such use. 10.The City agrees to not allow harvesting of the ice machine on days with scheduled SBA games. 11.The attachment "2000 Concessions Agreement" is for the concession stand located at 450 W. Southlake Blvd. Rev. Date 1/6/00 FACILITIES UTILIZATION AGREEMENT PAGE 15 OF 15 Print Date 1/6/00 SOUTHLAKE BASEBALL ASSOCIATION. INC. City of Southlake, Texas - MEMORANDUM January 27, 2000 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 772) SUBJECT: Approval of the Facilities Utilization Agreement for Southlake Girls Softball Association (SGSA) Action Requested: City Council approval of the Facilities Utilization Agreement for Southlake Girls Softball Association (SGSA). Background Information: The Southlake Girls Softball Association (SGSA) currently serves approximately 600 children between the ages of 8 and 18. Annually, the City of Southlake and SGSA enter into an agreement for the use of game and practice fields for spring and fall season, as well as tournaments. The agreement also covers the use of the softball concession stand in Bicentennial Park. In general, the facilities utilization agreement is intended to address such issues as season dates, insurance requirements, and concession stand use, among others. Through the years, staff has reviewed other municipal field usage agreements as part of the development process for the current document. The draft agreement is also reviewed annually by the City Attorney and staff in order to address any related recent changes. The draft agreement is then forwarded to the Association for review and comment. Based upon the review of the City Attorney, staff, and the association, changes to this year's agreement include: • Exhibit A, paragraph 7, stating that SGSA may be held responsible for the cost to repair fence damage resulting from warm up hitting and soft toss. • Practice and game dates for the year 2000. • Minor wording modifications intended to clarify the document. Also included as part of the agreement are the general field requirements for SGSA which include: • Bicentennial fields #1, #2, and #3. • Carroll Intermediate School practice field. • Koalaty Park practice fields #1 and #3. • Durham Elementary practice field # 1. Financial Consideration: Not Applicable. sE-/ Billy Campbell, City Manager January 27, 2000 Page 2 Citizen Input/ Board Review: The Parks and Recreation Board unanimously approved at their January 10, 2000 meeting, recommending the Facilities Utilization Agreement to City Council for approval. The Agreement has been reviewed by the Southlake Girls Softball Association, and was approved at their January 6, 2000 meeting. Legal Review: The proposed facilities utilization agreement has been reviewed by the City Attorney and is modeled after previous facilities utilization agreements. Alternatives: City Council comment and input on the facilities utilization agreement. • Council decision not to enter into an agreement with SGSA for the use of City athletic facilities. Supporting Documents: 1999 — 2000 Facilities Usage Survey. • Proposed 2000 Facilities Utilization Agreement with SGSA. Staff Recommendation: City Council approval of the 2000 Facilities Utilization Agreement with the Southlake Girls Softball Association. O .r w U L U G U O � U H b w U C� y w8 0 z a p ►� V CC i. .Cy F3 H tn •� O FACILITIES UTILIZATION AGREEMENT The parties to this agreement are the City of Southlake, Texas, herein called "City", and the Southlake Girls Softball Association, herein called "SGSA. FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES City agrees to provide game fields and practice fields as defined by Exhibit "E", SGSA Field requirements. SGSA shall provide field requirements and dates for Spring and Fall seasons to City at least 90 days before opening day of a season. Facilities in Exhibit "E" are herein called "Premises" in accordance with the terms of this Agreement. II. SEASONS AND HOURS The seasons of this Agreement shall be Spring Season, Fall Season and tournaments on the days of Monday through Saturday, with each facility usage to not begin before 4:00pm on weekdays or 8:30pm on Saturdays, and 12:00pm on Sundays. The following are approximate dates for significant activities: Coach Look Practice Begins Opening Day End of Regular Season Tournament Play Spring January 29 & February 5, 2000 February 12, 2000 March 25, 2000 May 13, 2000 May 14 Thru May 21, 2000 FALL 2nd weekend in August 3rd week in August 2nd weekend in September 2nd weekend in November The facilities provided by this Agreement are herein called "Premises." III. FEES AND ASSIGNMENT SGSA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. (Example: approved tournaments) SGSA reserves the right to request a voluntary donation for admission to events other than regularly scheduled league games. SGSA agrees to provide signs clearly indicating donations are requested only for the SGSA activity occurring on Premises. Access to other Premises activities shall be clearly available. SGSA shall not assign this agreement nor shall it rent out any property of the City without prior written consent of the City. Rev. Date 12/20/99 FACILITIES UTILIZATION AGREEMENT PAGE 1 OF 16 Print Date 12/20/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION jV006-Y IV. UNLAWFUL ACTIVITIES SGSA shall not engage in any activities on the premises which are in violation of any existing state, federal, local law or use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. V. PERMISSION FOR INSTALLATION OR CONSTRUCTION SGSA, in accordance with the City's Donation Policy shall submit to the Parks and Recreation Board for approval any proposal to install or construct temporary or permanent structures, signs, equipment, or other related items. Permanent structures shall become the property of the City. Permanent structures shall become the property of the City. SGSA is allowed a maximum of two (2) signs listing SGSA sponsors for the current and previous year. Signs are not to exceed the size of (4 feet by 8 feet). A pennant style sign will be allowed on each field that lists the previous years season winners. The signs are not to exceed the size of (3 feet by 5 feet). VI. INDEMNITY SGSA SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY SGSA OFFICIALS, PLAYERS, MEMBERS, OFFICERS, OR EMPLOYEES OF THE CITY IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS ARISING FROM THE NEGLIGENCE OF THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN PARAGRAPH XII OF THIS AGREEMENT. VII. FOOD SERVICE SBA shall ensure that all food or drink prepared, served, sold, or stored complies with all city, state, county and federal law. Rev. Date 12/20/99 FACILITIES UTILIZATION AGREEMENT PAGE 2 OF 16 Print Date 12/20/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION .r[•s Vill. DOCUMENTS AND OFFICERS SGSA shall submit to the Southlake Parks and Recreation Division a copy of rules and regulations, charters, constitution, and by-laws of SGSA. Names, addresses and phone numbers of all officers and board members of SGSA shall also be submitted to the Parks and Recreation Division within two weeks after election or appointment. Southlake Parks and Recreation Division shall submit to SGSA the Names, addresses and phone numbers of all Parks and Recreation Division supervisors and directors and Parks Board members within two weeks after election or appointment. IX. ROSTERS AND SCHEDULES SGSA shall furnish the Parks and Recreation Division the number of players by age and division and zip code within one week following Opening Day of each season. A full schedule for the season will be submitted, if available one full week prior to Opening Day of each season. If full schedule is not available, SGSA will submit one month's schedule, one full week prior to those scheduled games. X. FIELD MANAGER SGSA shall furnish the Parks and Recreation Division the names and telephone numbers of persons designated as field managers. It shall be the responsibility of the field manager to meet with and discuss field conditions with a Parks and Recreation Division representative. It shall also be the responsibility of the field manager to submit a work order form to the Parks and Recreation Division to request any maintenance not specifically mentioned within this agreement and/or needed repairs or supplies. The SGSA Field Manager shall meet before each season with the Parks Crew Leader to be briefed on maintenance procedures and techniques. XI. INSURANCE SGSA at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect SGSA and CITY from all claims for damages to property and persons, and such insurance policy shall carry the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by competitors in the organized athletic activity. The insurance shall protect CITY from and against all liability for claims arising out of or in connection with SGSA's use and occupation of the premises. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and minimum limit of liability insurance is as follows: Rev. Date 12/20/99 FACILITIES UTILIZATION AGREEMENT PAGE 3 OF 16 Print Date 12/20/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION rrW 16 TYPE Comprehensive General Public Liability MINIMUM LIMIT $1,000,000 - Combined Single Limit Coverage For Bodily Injury and Property Damage, or on a Per Occurrence Basis. All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake, for their adequacy as to content, protection and named insurance company. SGSA shall furnish to CITY copies of such insurance policies within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by SGSA at the City of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. SGSA understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional insured shall be primary insurance and not contributing with any other insurance available to CITY under any third party liability policy. SGSA further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. XII. LIMIT ON HOURS OF PLAY SGSA agrees to stop play (includes games and practices) by 10:00 PM on Sunday thru Thursday, and 11:00 PM on Friday and Saturday. Lights will be turned out respectively at 10:30PM on Sunday thru Thursday, and 11:30PM on Friday and Saturday. XIII. PUBLIC ADDRESS SYSTEM No public address system may be used after 8:OOPM on Monday thru Saturday. XIV. COMMISSIONER SGSA agrees to provide a league representative on -site at each SGSA organized league or tournament game held on the premises. Rev. Date 12/20/99 FACILITIES UTILIZATION AGREEMENT Print Date 12/20/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION PAGE 4 OF 16 XV. EXHIBITS The City and SGSA agree that the exhibits attached to this agreement are incorporated into this agreement as if set out in their entirety. Exhibits included are: 1. MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. STORAGE FACILITIES AGREEMENT "C" City Storage Location Assignments 4. EQUIPMENT AGREEMENT 5. "D" 2000 Equipment List and Requirements 5. SGSA FIELD REQUIREMENTS "E" 2000 Field Requirements 6. Concession Stand "F" 2000 Concession Agreement XVI. SCHEDULING The City reserves the right to utilize the premises when SGSA activities are not scheduled. If SGSA fails to use the premises for its designated and scheduled activities, the City may terminate this Agreement. XVII. DEFAULT If either party, City or SGSA, violates any term of this Agreement, either party may find the other in default and terminate the Agreement. Any termination will be made with a thirty (30) day notice and the right to cure within ten (10) days. This Agreement is made and entered into on the 2000. CITY of SOUTHLAKE by: Sandra LeGrand, City Secretary day of Rick Stacy, Mayor City of Southlake Rev. Date 12/20/99 FACILITIES UTILIZATION AGREEMENT Print Date 12/20/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION ss-e PAGE 5 OF 16 Approved as to form City Attorney Matt Tuggey, President Southlake Girls Softball Association This Agreement approved by the Board of Directors, Southlake Girls Softball Association, and entered into the minutes of the Board meeting held , 2000. Secretary Southlake Girls Softball Association Rev. Date 12/20/99 FACILITIES UTILIZATION AGREEMENT Print Date 12/20/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION PAGE 6 OF 16 EXHIBIT "A" MAINTENANCE AGREEMENT FOR PUBLIC FIELDS 1. The Parks and Recreation Division (City) shall maintain the infield and all turf areas in the outfield to include mowing, weed control, fertilizing and herbicide spraying. 2. The City shall perform all pre -season clay and turf maintenance to include adding soil conditioners, clay renovation, and cutting infield arcs. The City shall also provide clay, sand, soil, etc. to be used in leveling or back filling low areas when deemed necessary. 3. The City shall drag the infields Monday thru Friday, and on Saturday mornings for scheduled league play, weather permitting. SGSA shall be responsible for dragging fields for all games on Saturdays after the initial dragging and lining by park staff for the first morning game. SGSA shall apply water and stripe as required during Saturday games. 4. SGSA shall be responsible for payment of any damage caused to the fields with regards to the dragging of the infields if found to be caused by SGSA. This includes but is not limited to sprinklers heads, bases, base pegs, quick couplers, and the outfield grass apron. SGSA shall leave a space of one (1) foot between all edges of the outfield when dragging the infield. 5. All equipment used by SGSA must be approved by the Parks and Recreation Division and all users must complete a training course provided by the parks maintenance employees prior to the beginning of the season. Only users who have attended the training and signed the waiver with the Parks Division will be able to drag the fields. 6. The City shall mark all foul lines. 7. The City shall maintain all backstops, fences and gates. SGSA will ensure that the fencing will not be used for warm-up hitting. SGSA will ensure that soft toss will not be allowed except in designated soft toss areas. SGSA will ensure that no pitching machines will be set up to disperse balls directly into the side of the fencing. The pitching machine can be used on the pitcher's mound or against the practice fence only. Damage to fencing as a result of warm-up hitting, soft toss, or other activities may result in SGSA being responsible for payment of any repairs to damaged fencing. 8. The City shall maintain all bleachers and dugouts. Rev. Date 12/20/99 FACILITIES UTILIZATION AGREEMENT PAGE 7 OF 16 Print Date 12/20/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION 9. The City shall provide and maintain all area and ball field lighting systems. 10. The City shall be responsible for the maintenance of any infield irrigation system and watering of the infield. If field conditions warrant additional watering, SGSA may water as needed. City will provide the quick coupler connections to Association at the beginning of the season. 11. The City shall be responsible for the maintenance of any outfield irrigation systems and watering of the outfield turf area. 12. The City shall maintain the rest rooms in a sanitary condition. 13. The City shall be responsible for all public scoreboards and the lines leading to the scoreboards. SGSA shall maintain and provide any repairs to the scoreboard control boxes and pay for replacement of the scoreboard control boxes if misplaced or lost by SGSA. Control boxes shall be kept and stored by SGSA throughout the year. 14. The City shall provide and install the home plate and base pegs. 15. The City shall be responsible for chalking of baselines and any other field markings necessary for scheduled league play, Monday through Friday. The City shall provide line chalk for the purposes of completing these markings only on fields maintained and scheduled through the City. SGSA may drag and line fields between games as necessary. SGSA shall provide line chalk for its own additional uses and may line fields as needed in addition to the above. SGSA shall provide necessary maintenance equipment for its use. Maintenance procedures and equipment should conform to City approval and field maintenance guidelines. The city shall provide 40 bags of chalk for the spring season and 25 bags of chalk for the fall season for striping of the infields. Any additional bags of chalk must be purchased by SGSA for the remainder of the season. 16. SGSA shall place bases and pitchers rubbers for each game. (City will provide bases and pitchers rubber for each field. Bases will be labeled City -SBA or City SGSA.) The City will install and maintain base pegs in ground, and provide necessary tools. If bases are stolen or lost, the association is responsible for replacement. SGSA will request and instruct coaches to remove and store bases and pitching rubber following completion of each day's play. At the end of the season, each association will return to the City one set of bases and pitching rubber for each field. 17. SGSA shall be responsible for daily game day collection of all litter on their fields to include playing areas, dugouts, fences, backstops, bleachers, concession stands and Rev. Date 12/20/99 FACILITIES UTILIZATION AGREEMENT PAGE 8 OF 16 Print Date 12/20/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION adjacent grounds. All litter shall be placed in the receptacles provided by the City. The City shall provide pick up for these receptacles. 18. SGSA is prohibited from performing any maintenance to any turf or infield areas (except as stated in #3,4,5 above), without permission from the City. 19. SGSA shall ensure that all secured areas remain locked and/or are locked at the completion of each activity. SGSA shall chain gates to the fields after the conclusion of all practices and games. The City will provide the Field Manager keys necessary for emergency access to main gate(s) and to all field gates. 20. SGSA will make every effort possible to not schedule 8 & under, or 10 & under play on Field #1. The game schedule must be approved by the Recreation Supervisor before any 8 & under and 10 & under games are scheduled on this field. 21. SGSA shall ensure that all field lights are turned off at the completion of all practices and games in accordance with section XIII. Limits on Hours of Play. The City will provide the Field Manager keys necessary for access to all light switches. 22. The City shall maintain all fencing associated with batting cages and SGSA will maintain and secure all netting. 23. SGSA will provide all necessary maintenance equipment, used for its purposes, not specifically named in this agreement. Rev. Date 12/20/99 FACILITIES UTILIZATION AGREEMENT PAGE 9 OF 16 Print Date 12/20/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION JVA'aw EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at game time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) 1. The City will inspect Athletic Fields by 4:00 PM and will, if conditions warrant, consult with the appropriate SGSA Field Manager, Commissioner, or their designate, about the status of the field(s). The Parks Employee will have the final responsibility for canceling games with regards to field conditions for weekday games. 2. The Parks and Recreation Division representative will take responsibility for making a decision based upon field condition or weather. 3. After games have begun and inclement weather becomes a factor, the umpires and/or SGSA officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) 1. A Parks Division employee will monitor the weather and field conditions and consult with the appropriate SGSA Field Manager, Commissioner, or their designate, about the status of the field(s) by 7:30 am Saturday morning. Status for Saturday PM games will be reevaluated at 11:30am and the field decision will be made prior to Noon Saturday. The SGSA field manager will be notified immediately of any field closures. 2. After games have begun and inclement weather becomes a factor, the umpires and/or SGSA officials shall follow the same guidelines for deciding cancellation or postponement. CITY Staff Guidelines for Implementation 1. The primary responsibility, within the Park Maintenance staff, for making field closure decisions rests with the Parks Crew Leader responsible for athletic field maintenance, while working closely with the SGSA representative. Rev. Date 12/20/99 FACILITIES UTILIZATION AGREEMENT PAGE 10 OF 16 Print Date 12/20/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION SE•/) 2. In the Parks Crew Leader's absence, the Park Maintenance Team Leader shall make the decision concerning Athletic Field Closures. 3. The Park Maintenance Team Leader shall consult with the Parks Crew Leader on any decision concerning athletic field closures. 4. In the absence of both the Parks Crew Leader and the Park Maintenance Staff, a person designated by the Parks Director shall make decisions concerning athletic field closures. NOTIFICATIONS 1. The appropriate SGSA Field Manager has the responsibility to notify the SGSA and the participants about the field closure decision. 2. The city staff will place notification of field conditions on the "field condition" phone line (481- 5581 press 1, 7 and then 5) by 4:00 pm on weekdays and 7:30 am on weekends when activities are scheduled. 3. The maintenance crews will require a minimum of 24 hours prior notice of rescheduled games by SGSA. If 24 hour notice is not received the city will not prepare fields for use. 4. If a game is canceled due to rain, that game cannot be moved to another field without the approval of the Recreation Supervisor. 5. Associations are required to comply with and enforce all posted facility signage. Rev. Date 12/20/99 FACILITIES UTILIZATION AGREEMENT PAGE 11 OF 16 Print Date 12/20/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION EXHIBIT "C" STORAGE FACILITIES AGREEMENT 1. SGSA shall have use of the two side storage rooms and middle section storage room of the storage shed located at Field #2 at Bicentennial Park. This storage building will be shared with the CISD Softball Program & Southlake Parks & Recreation Division. 2. The term of this agreement for storage usage shall be from January 1 through December 31 of year of the Facilities Agreement. 3. SGSA shall provide own security lock and provide City and CISD with a key allowing access in order to restock supplies needed by SGSA. 4. City storage areas are reserved for City purposes only and access is limited to City personnel. 5. SGSA waives any claim against the City for loss of or damage to equipment stored in storage area. Rev. Date 12/20/99 FACILITIES UTILIZATION AGREEMENT PAGE 12 OF 16 Print Date 12/20/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION "! /$ EXHIBIT "D" 2000 EQUIPMENT LIST AND REQUIREMENTS 1. The SGSA will be given the following equipment for use on Fields #1 thru #3 at Bicentennial Park: Equipment Condition 3 Sets of Hollywood Style Bases Good 2 Double First Base Good 1 Double First Base Tie Down Good 3 Pitching Rubbers Good 3 Clean Out Tools Good 9 Field Plugs Good 2. The above mentioned equipment will be distributed to SGSA at the start of the season and must be returned within one week of the end of the season. If any equipment is missing or damaged, SGSA is held responsible for the replacement of the missing or damaged equipment. 3. Keys will be distributed to SGSA at the beginning of the season to the main gates, fields, lights, and buildings. These keys must be returned to the parks and recreation office within one week of the conclusion of the season. 4. SGSA is responsible for the care of all keys distributed to them. If a key is misplaced or lost, SGSA will be responsible for any costs involved with changing the locks. Rev. Date 12/20/99 FACILITIES UTILIZATION AGREEMENT PAGE 13 OF 16 Print Date 12/20/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION 'W A& EXHIBIT "E" 2000 FIELD REQUIREMENTS SPRING Division Opening Day Estimated Teams i?mi Weeks of Tournament Practices per Week 8's 3/25/00 10 1 2 10's 3/25/00 10 1 2 12's 3/25/00 10 12 11 1 2 14's 3/25/00 8 12 11 1 2 16's 3/25/00 6 10 11 1 2 18's 3/25/00 2 10 11 1 2 SPRING FIELD REQUIREMENTS: Fields Practice Dates Game Dates Bicentennial #1 No Practices —Game field only 3/25/00 thru 5/21/00 Bicentennial #2 1/29,1/30 2/12/00 thru 5/21/00* 3/25/00 thru 5/21/00 Bicentennial #3 1/29, 1/30 2/12/00 thru 5/21/00* 3/25/00 thru 5/21/00 Carroll Intermediate 2/12/00 thru 5/21/00* Koalty Park #1 & #3 2/12/00 thru 5/21/00* Durham Elementary #1 2/12/00 thru 5/21/00* *A maximum of four (4) continuing tournament teams will be permitted to practice beyond the May 21, 2000 dates. Each team will be allowed a total of two (2) practices per week. SGSA agrees to submit a practice schedule to the City prior to the start of the extended practice sessions. Rev. Date 12/20/99 FACILITIES UTILIZATION AGREEMENT PAGE 14 OF 16 Print Date 12/20/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION sp EXHIBIT "E" 2000 FIELD REQUIREMENTS FALI Division Opening Day Estimated Teams League Games Weeks of Season Weeks of Tournament Practices per Week g's 8/26/00 8 8 10-12 1 2 10's 8/26/00 8 8 10-12 1 2 12's 8/26/00 8 8 10-12 1 2 14's 8/26/00 4 7 8 10-12 1 2 16's 8/26/00 2 8 10-12 1 2 18's 8/26/ 00 1 8 10-12 1 2 FALL FIELD REQUIREMENTS: Fields Practice Dates Game Dates Bicentennial #1 No Practices —Game field only 8/26/00 thru 11/30/00 Bicentennial #2 8/5/00 thru 11/30/00* 8/26/00 thru 11/30/00 Bicentennial #3 8/5/00 thru 11/30/00* 8/26/00 thru 11/30/00 Carroll Intermediate 8/5/00 thru 11/30/00* Koalty Park #1 & #3 8/5/00 thru 11 /30/00* Durham Elementary #1 8/5/00 thru 11 /30/00* *A maximum of four (4) continuing tournament teams will be permitted to practice beyond the November 30, 2000 dates. Each team will be allowed a total of two (2) practices per week. SGSA agrees to submit a practice schedule to the City prior to the start of the extended practice sessions. Rev. Date 12/20/99 FACILITIES UTILIZATION AGREEMENT PAGE 15 OF 16 Print Date 12/20/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION se -As EXHIBIT "F" 2000 CONCESSION AGREEMENT The parties to this request which are in understanding and agreement are the City of Southlake, Texas, herein called "City", and the Southlake Girls Softball Association, herein called "SGSA." The parties agree and understand to the following: 1. SGSA will at all times during the term of this agreement maintain the concession stand in a sanitary manner in compliance with City, County and State statutes and ordinances. 2. SGSA is responsible to ensure that the concession pass inspection by the County Health Department and that the health permit issued be posted in the concession stand. 3. SGSA shall clear the area of all trash, garbage, paper, containers, litter, etc. generated by the concession stand. A dumpster and trash receptacles are furnished by the City. 4. The City will furnish SGSA one key to the concession stand. This key must be returned to the Parks and Recreation office within one week after the conclusion of the season. 5. The City shall be responsible for all water and electric bills for the concessions stand. 6. The City shall be responsible for underground utility line and pipes leading to and from the concession stand. The City is responsible for the building structure of the concession stand. The City shall be responsible for any mechanical maintenance or repairs on city owned equipment within the concession stand. 7. SGSA shall be responsible for keeping on only the essential appliances during non - operating hours. Only refrigerators, freezers and ice machines may be left on. Air conditioners and lights shall be turned off when not in use. SGSA shall be responsible for the upkeep and maintenance of SGSA owned equipment. SGSA waives any claim against the City for loss of or damage to equipment or inventory stored in the concession area or in the concession stand. 8. SGSA shall be responsible for securing insurance for any inventory owned by Association. The City will not allow unsupervised admission to the concession stand during non use hours by SGSA. 9. The City reserves the right to utilize the concession stand when not in use by SGSA. The City agrees to provide 72 hour notice to SGSA prior to such use. 10. The City agrees to not allow harvesting of the ice machine on days with scheduled SGSA games. 11.The attachment "2000 Concessions Agreement" is for the concession stand located at 400 N. White Chapel. Rev. Date 12/20/99 FACILITIES UTILIZATION AGREEMENT PAGE 16 OF 16 Print Date 12/20/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION 4TV/9 City of Southlake, Texas MEMORANDUM January 28, 2000 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 772) SUBJECT: Approval of the Facilities Utilization Agreement with the Grapevine Southlake Soccer Association (GSSA) Action Requested: City Council approval of the Facilities Utilization Agreement with the Grapevine Southlake Soccer Association (GSSA) Background Information: The Grapevine Southlake Soccer Association (GSSA) currently serves approximately 1,600 children between the ages of 6 and 18. Annually, the City of Southlake and GSSA enter into an agreement for the use of game and practice fields for spring and fall seasons. In general, the facilities utilization agreement is intended to address such issues as season dates, insurance requirements, hours of play, field maintenance, field requirements, and concession stand use, among others. Through the years, staff has reviewed other municipal field usage agreements as part of the development process for the current document. The draft agreement is also reviewed annually by staff and the City Attorney in order to address any recent changes. The draft agreement is then forwarded to the Association for review and comment. Based on the review of. the City Attorney, staff and the association, changes to this year's agreement include: • Bob Jones Park fields # 1 through # 11, and south practice fields • The addition of St. Martin's in the Field practice fields #1 and #2 • Practice and game dates for the year 2000 • Minor wording modifications intended to clarify the document Also included as part of the agreement are the general field requirements for GSSA which include: • Bob Jones Park game fields # 1 through # 11 • Bob Jones Park south practice fields • Carroll Elementary School soccer practice area • Johnson Elementary School practice area • St. Martin's practice fields #1 and #2 • Durham Elementary practice fields #1 and #2 rjF up/ Billy Campbell City Manager January 28, 2000 'age 2 Financial Consideration: Not applicable. Citizen Input/ Board Review: The Parks and Recreation Board unanimously approved at their January 10, 2000 meeting, recommending the Facilities Utilization Agreement to City Council for approval. The Agreement has been reviewed and verbally approved by the Grapevine Southlake Soccer Association. Legal Review: The proposed facilities utilization agreement has been reviewed by the City Attorney and is modeled after previous facilities utilization agreements. Alternatives: Council comment and input on the facilities utilization agreement. • Council decision not to enter into an agreement with GSSA for the use of City athletic facilities. Supporting Documents: 1999-2000 Facility Usage Survey • Proposed 2000 Facilities Utilization Agreement with GSSA Recommendation: City Council approval of the 2000 Facilities Utilization Agreement with Grapevine Southlake Soccer Association. zO b U z �, �. Mz3 ~U 3 z �° z z z z z it U ° N ar N ..Ci N N O •r�y� N fC r-� cl bs � bb o .0 ° V] 1 N I.. h O ° C In ° C W O '"� a� atr) g wi r Cd c ,. N N 0 z z z N O C O O O O O O gg � •U a� •U •U O •U O •U O •U 0 h N H h z Iz �> �> �� Iz �� a � c 0 bA y H y 1 'fl v aE y 0 z. Cl 41 0 FACILITIES UTILIZATION AGREEMENT The parties to this agreement are the City of Southlake, Texas, herein called "City", and the Grapevine-Southlake Soccer Association, herein called "GSSA". FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES City agrees to provide game fields and practice fields as defined by Exhibit "C", GSSA Field requirements. GSSA shall provide field requirements and dates for Spring and Fall to City at least 90 days prior to opening day of a season. Facilities in Exhibit "C" are herein called "Premises" in accordance with the terms of this Agreement. II. SEASONS AND HOURS The seasons of this Agreement shall be Spring Season, Fall Season and tournaments on the days of Monday through Saturday, with each facility usage to not begin before 4:00 PM on weekdays or 8:00 AM on Saturdays. The following are approximate dates for significant activities: Spring Fall Practice Begins February 16, 2000 Last week of August Opening Day February 26, 2000 First Saturday, September End of Regular Season May 6, 2000 Second Saturday, November Tournament Play May 15-21, 2000 The facilities provided by this Agreement are herein called "Premises." III. FEES AND ASSIGNMENT GSSA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. (Example: approved tournaments) GSSA reserves the right to request a voluntary donation for admission to events other than regularly scheduled league games. GSSA agrees to provide signs clearly indicating donations are requested only for the GSSA activity occurring on Premises. Access to other Premises activities shall be clearly available. GSSA shall not assign this agreement nor shall it rent out any property of the City without prior written consent of the City. IV. UNLAWFUL ACTIVITIES Rev. Date 11/29/99 FACILITIES UTILIZATION AGREEMENT PAGE 1 OF 10 Print Date 12/21/99 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION STOP 41Y GSSA shall not engage in any activities on the premises which are in violation of any existing state, federal, local law or use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. V. PERMISSION FOR INSTALLATION OR CONSTRUCTION GSSA, in accordance with the City's Donation Policy shall submit to the Parks and Recreation Board for approval any proposal to install or construct temporary or permanent structures, signs, equipment, or other related items. Permanent structures shall become the property of the City. GSSA is allowed a maximum of two (2) signs listing GSSA sponsors for the current and previous year. Signs are not to exceed the size of (4 feet by 8 feet). VI. INDEMNITY GSSA SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY GSSA OFFICIALS, PLAYERS, MEMBERS, OFFICERS, OR EMPLOYEES OF THE CITY IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS ARISING FROM THE NEGLIGENCE OF THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANYGOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN PARAGRAPH XII OF THIS AGREEMENT. VII. FOOD SERVICE GSSA shall ensure that all food or drink prepared, served, sold, or stored complies with all city, state, county and federal law. VIII. DOCUMENTS AND OFFICERS GSSA shall submit to the Southlake Parks and Recreation Division a copy of rules and regulations, charters, constitution, and by-laws of GSSA. Names, addresses and phone numbers of all officers and board members of GSSA shall also be submitted to the Parks and Recreation Division within two weeks after election or appointment. Southlake Parks and Recreation Division shall submit to GSSA the Names, addresses and phone numbers of all Parks and Recreation Division supervisors and directors and Parks Board members within two weeks after election or appointment. Rev. Date 11/29/99 FACILITIES UTILIZATION AGREEMENT PAGE 2 OF 10 Print Date 12/21/99 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION jeer S IX. ROSTERS AND SCHEDULES GSSA shall furnish the Parks and Recreation Division the number of players by age and division and zip code within one week following Opening Day of each season. A full schedule for the season will be submitted, if available one full week prior to Opening Day of each season. If full schedule is not available, GSSA will submit one month's schedule, one full week prior to those scheduled games. X. FIELD MANAGER GSSA shall furnish the Parks and Recreation Division the names and telephone numbers of persons designated as field managers. It shall be the responsibility of the field manager to meet with and discuss field conditions with a Parks and Recreation Division representative. It shall also be the responsibility of the field manager to submit a work order form to the Parks and Recreation Division to request any maintenance not specifically mentioned within this agreement and/or needed repairs or supplies. The GSSA Field Manager shall meet before each season with the Parks Crew Leader to be briefed on maintenance procedures and techniques. XI. INSURANCE GSSA at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect GSSA and CITY from all claims for damages to property and persons, and such insurance policy shall carry the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by competitors in the organized athletic activity. The insurance shall protect CITY from and against all liability for claims arising out of or in connection with GSSA's use and occupation of the premises. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and minimum limit of liability insurance is as follows: TYPE Comprehensive General Public Liability MINIMUM LIMIT $1,000,000 - Combined Single Limit Coverage For Bodily Injury and Property Damage, or on a Per Occurrence Basis. All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake, for their adequacy as to content, protection and named insurance company. GSSA shall furnish to CITY certificates of such insurance within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by GSSA at the City of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. GSSA understands and agrees that it has the sole Rev. Date 11/29/99 FACILITIES UTILIZATION AGREEMENT PAGE 3 OF 10 Print Date 12/21/99 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION S7�6 responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional insured shall be primary insurance and not contributing with any other insurance available to CITY under any third party liability policy. GSSA further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. XII. LIMIT ON HOURS OF PLAY GSSA agrees to stop play by dark. Special circumstance for tournament play may be negotiated with city staff. XIII. COMMISSIONER GSSA agrees to provide a league representative on -site at each GSSA organized league or tournament game held on the premises. XIV. EXHIBITS The City and GSSA agree that the exhibits attached to this Agreement are incorporated into this Agreement as if set out in their entirety. Exhibits included are: 1. MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. GSSA FIELD REQUIREMENTS "C" 2000 Field Requirements XV. SCHEDULING The City reserves the right to utilize the premises when GSSA activities are not scheduled. If GSSA fails to use the premises for its scheduled activities, the City may terminate this Agreement. XVI. DEFAULT If either party, City or GSSA, violates any term of this Agreement, either party may find the other in default and terminate the Agreement. Any termination will be made with a thirty (30) day notice and the right to cure within ten (10) days. Rev. Date 11/29/99 FACILITIES UTILIZATION AGREEMENT PAGE 4 OF 10 Print Date 12/21/99 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION J70W 7 This Agreement is made and entered into on the 2000. CITY of SOUTHLAKE by: Sandra LeGrand, City Secretary Approved as to form City Attorney day of Rick Stacy, Mayor City of Southlake President Grapevine-Southlake Soccer Association This Agreement approved by the Board of Directors, Grapevine-Southlake Soccer Association, and entered into the minutes of the Board meeting held 2000. Secretary Grapevine-Southlake Soccer Association Rev. Date 11/29/99 FACILITIES UTILIZATION AGREEMENT PAGE 5 OF 10 Print Date 12/21/99 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION x4raw 0 EXHIBIT "A" MAINTENANCE AGREEMENT FOR PUBLIC FIELDS 1. The Parks and Recreation Division (City) shall maintain all turf areas to include mowing, weed control, fertilizing and herbicide spraying. 2. The City shall perform all pre -season turf maintenance to include top dressing and cutting field marking lines. 3. The City shall mark field lines when necessary for scheduled league play. 4. The City shall provide line chalk/paint for completing markings only on fields maintained and scheduled through the City. GSSA shall provide line chalk/paint for its own additional uses and may line fields as needed in addition to the above. 5. The City shall be responsible for the maintenance of all goals, bleachers, and restrooms. 6. The City shall be responsible for the maintenance of any turf irrigation system and watering of the field. 7. The City will install and maintain goals. The GSSA is responsible for the set up and removal of goal nets and corner flags for all practices and games. 8. GSSA shall be responsible for daily practice and game day collection of all litter on their fields to include playing areas, fences, bleachers, concession stands and adjacent grounds. All litter shall be placed in the receptacles provided by the City. he City shall provide pick up for these receptacles. Any overflow trash resulting from concession use should be placed in the "dumpster" receptacle. 9. GSSA shall be prohibited from performing any maintenance to any turf areas without permission from the City. 10. GSSA will provide all necessary maintenance equipment, used for its purposes, not specifically named in this Agreement. Rev. Date 11/29/99 FACILITIES UTILIZATION AGREEMENT PAGE 6 OF 10 Print Date 12/21/99 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION J7W EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at game time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) 1. The City will inspect Athletic Fields by 4:00pm and will, if conditions warrant, consult with the appropriate GSSA Field Manager, Commissioner, or their designate, about the status of the field(s). The Parks Employee will have sole responsibility for canceling games with regards to field conditions for weekday games. 2. The Parks and Recreation Division representative will take responsibility for making a decision based upon field condition or weather. 3. After games have begun and inclement weather becomes a factor, the umpires and/or GSSA officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) 1. Inspect Athletic Fields by 4:00pm on Friday. 2. Parks Division employee shall have sole responsibility of canceling games on the weekends. Saturday games may be canceled on Friday and if under the discretion of the Parks Division employee the field conditions warrant this action. The GSSA field manager will be notified immediately of any field closures. 3. If a decision at 4:00pm Friday is not possible, a Parks Division employee will monitor the weather and field conditions, arrive at the fields by 7:30am Saturday morning. The Parks employee will make a decision by 8:00am and will notify the GSSA field manager of any field closures. CITY Staff Guidelines for Implementation 1. The primary responsibility, within the Park Maintenance staff, for making field closure decisions rests with the Parks Crew Leader responsible for athletic field maintenance, while working closely with the GSSA representative. Rev. Date 11/29/99 FACILITIES UTILIZATION AGREEMENT PAGE 7 OF 10 Print Date 12/21/99 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION r4oror AV 2. In the Parks Crew Leader's absence, the second Park Crew Leader shall make the decision concerning Athletic Field Closures. 3. In the absence of both Parks Crew Leaders, a person designated by the Director or Deputy Director of Community Services shall make decisions concerning athletic field closures. NOTIFICATIONS 1. The appropriate GSSA Field Manager has the responsibility to notify the GSSA and the participants about the field closure decision. 2. The city staff will place notification of field conditions on the "field condition" phone line (481-5581 ext. 1, 7 and then 5) by 4:00pm on weekdays and 8:00am on weekends when activities are scheduled. 3. The maintenance crews will require a minimum of 24 hours prior notice of rescheduled games by GSSA. If 24 hour notice is not received the City will not prepare fields for use. 4. Associations are required to comply with and enforce all posted facility signage. Rev. Date 11/29/99 FACILITIES UTILIZATION AGREEMENT PAGE 8 OF 10 Print Date 12/21/99 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION 50rip // EXHIBIT "C" 2000 FIELD REQUIREMENTS SPRING Division Opening Day Estimated Teams League Games Weeks of Season Weeks of Tournament Practices per Week U6 2/26/00 60 8 10 N/A 1 U8 2/26/00 49 8 10 1 2 U 10 2/26/00 43 10 10 1 2 U 12 2/26/00 20 10 10 1 2 U 14 2/26/00 11 10 10 1 2 U 16 2/2 6 //00 8 -8 10 1 1 FIELD REQUIREMENTS --SPRING: Fields Practice Dates Game Dates Bob Jones Park GAME FIELDS ONLY 2/26/00 thru 5/21/00 Fields #1 thru #11 Bob Jones Park 2/14/00 thru 5/21/00 Fields South of Parking Lot Carroll Elementary School 2/14/00 thru 5/2100 Soccer Practice Area Johnson Elementary School 2/14/00 thru 5/21/00 Soccer Practice Area St. Martins 2/14/00 thru 5/21/00 Practice Fields # 1 and # 2 Durham Elementary #1 and #2 2/14/00 thru 5/21/00 Rev. Date 11/29/99 FACILITIES UTILIZATION AGREEMENT PAGE 9 OF 10 Print Date 12/21/99 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION SX0,Z EXHIBIT "C" 2000 FIELD REQUIREMENTS FALL Division Opening Day Estimated Teams League Games Weeks of Season Weeks of Tournament Practices per Week U6 9/2/00 70 8 10 1 U8 9/2/00 58 8 10 2 U 10 9/2/00 46 10 10 2 U 12 9/2/00 24 10 10 2 U 14 9/2/00 13 10 10 2 U 16 9/2/00 10 10 10 1 FIELD REQUIREMENTS --FALL: Fields Practice Dates Game Dates Bob Jones Park GAME FIELDS ONLY 9/2/00 thru 11/11/00 Fields #1 thru #11 Bob Jones Park 8/21/00 thru 11/10/00 Fields South of Parking Lot Carroll Elementary School 8/21/00 thru 11/10/00 Soccer Practice Area Johnson Elementary School 8/21/00 thru 11/10/00 Soccer Practice Area St. Martins 8/21/00 thru 11/10/00 Practice Fields #1 & # 2 Durham Elementary #1 & #2 8/21/00 thru 11/10/00 Rev. Date 11/29/99 FACILITIES UTILIZATION AGREEMENT PAGE 10 OF 10 Print Date 12/21/99 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION .S wAsp/3 V Iry oT Soutnime, I eXas A L MEMORANDUM January 28, 2000 To: Billy Campbell, City Manager From: Ron Harper, Director of Public Works, extension 779 Subject: Resolution No. 00-15, Quitclaim Deed for portion of old North Carroll Avenue Action Requested: Authorize the Mayor to sign a quitclaim deed for a portion of old North Carroll Avenue. Background Information: On June 1, 1999 the City of Southlake abandoned several portions of old North Carroll Avenue in the area of the relocated North Carroll Avenue. Juergen Strunck and Cooper and Stebbins had a separate agreement in which Cooper and Stebbins would deed property to Mr. Strunck. Because of this agreement, the City did not need to take action regarding the abandonment of the road to Mr. Strunck. Mr. Strunck is in the process of perfecting his title and the title company (Rattikin Title) has requested this Quitclaim Deed. Financial Considerations: None. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: No logical alternatives. Supporting Documents: Resolution 00-15 Quitclaim Deed 5G-1 .ter , A Staff Recommendation: Staff recommends that the Mayor be authorized to sign this Quitclaim Deed and that this be placed on the February 1, 2000 City Council Agenda for approval. Ron arper, P.E. Director of Public Works RJH/ts 31 5G-2 RESOLUTION NO. 00-15 A RESOLUTION VACATING AND ABANDONING A RIGHT OF WAY IN PORTIONS OF LOTS 1 AND 2, BLOCK 9 OF THE SOUTHLAKE TOWN SQUARE ADDITION IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF SAID RIGHT OF WAY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, a right of way has been previously dedicated to the City of Southlake by the owner of Lots 1 and 2, Block 9 of the Southlake Town Square Addition to the City of Southlake, Tarrant County, Texas; and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that the right of way located in portions of Lots 1 and 2, Block 9 of the Southlake Town Square Addition is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public (40,11 charge without a corresponding benefit, and the public would be better served and benefited by its vacation and abandonment. Said right of way is more specifically described on the attached exhibits: EXHIBIT A: Graphic Depiction EXHIBIT B: Legal Description WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right of way, the City desires to execute a Quitclaim Deed releasing all title, ownership and control in said right of way to the owner or owners of Lots 1 and 2, Block 9 of the Southlake Town Square Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The right of way, as described herein, is not being used by, nor useful or convenient to the public in general. It constitutes a public charge without a corresponding benefit, and the public would be better served and benefited by its vacation and abandonment. Accordingly, the above described right of way, located in portions of Lots 1 and 2, Block 9, of the Southlake Town Square C' Addition to the City of Southlake, Tarrant County, Texas, is hereby vacated and 5G-3 abandoned as public property and such area shall revert in fee simple to the owner of Lots 1 and 2, Block 9 of the Southlake Town Square Addition. SECTION 2. The Mayor of the City of Southlake, Texas is hereby authorized and empowered to execute a quitclaim deed releasing all claims to title, ownership, or control of the right of way on the behalf of the City of Southlake, Texas. A copy of said quitclaim deed shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 3. This resolution shall be in full force and effect from and after its passage as provided by law. PASSED AND APPROVED ON THIS DAY OF , 2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: Adopted: Effective: 5G-4 .or A QUITCLAIM DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § That the City Council of the City of Southlake, County of Tarrant, State of Texas, after careful study and consideration, has determined that the right of way of portions of North Carroll Avenue, located in portions of Lots 1 and 2, Block 9 of the Southlake Town Square Addition, located in the City of Southlake, hereinafter more specifically described and depicted as on Exhibit "A" attached hereto and incorporated herein, is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefited by its vacation and abandonment. For and in consideration of the above findings and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Southlake ("Grantor') does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto Southlake Venture West, L.P. ("Grantees"), any and all of their heirs, legal representatives or assigns, all of Grantor's right, title, and interest in and to the right of way described on Exhibit "A" in proportion to their abutting ownership. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described right of way unto the said Grantee, his heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives or assigns shall have, claim or demand any right or title to the aforesaid right of way, premises or appurtenances or any part thereof. EXECUTED this day of .2000. CITY OF SOUTHLAKE in L Mayor 5G-5 r h Q o o� uh�0 (0 w O C9 d t w i I Mod orn3ddi OD., os I .. v m Q � J O w (0 • a: 0OU 00.4 p sr sr t°WO 'T I v , I � N I I J d` I I I clD 3 I i O. a> p �c � � Y c> j M o 3 .40 mc" y„(5 3 v cn ' ,)co O i I � 9 Fir i V,.06 "AMA 9xhibit `B' Being a 0.143 acre tract of land in the Richard Eads Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas, previously being a portion of the Carroll Avenue right-of-way and currently portions of Lots 1 and 2, Block 9 of the Southlake Town Square Addition, as recorded in Cabinet A, Slide 4892, Plat Records, Tarrant County, Texas and being more particularly described as follows: COMMENCING at a 1/2" iron pin found, said point being the southeast corner of a tract conveyed to Juergen F. Strunk in Volume 6365 Page 206 (D.R.T.C.T.) and in the original west right-of-way line of Carroll Avenue; THENCE S 89° 29' 49"E, for a distance of 36.18 feet to the POINT OF BEGINNING, said point being in the west property line of said Lot 1 of the Southlake Town Square Addition, said point also bears S 000 11'06"E 5.16 feet from the northwest corner of Lot 1; THENCE N 00° 11'06"W, for a distance of 297.19 feet continuing along west property line of said Southlake Town Square Addition to a point for a comer in the west property line of Lot 2, Block 9 of the Southlake Tows Square Addition passing the northwest corner of Lot 1 at 5.16 feet; THENCE S 15° 02' 30" E, for a distance of 97.22 feet to a point for a comer in the east line of the previous right-of-way line of North Carroll Avenue; THENCE S 000 11'06"E, for a distance of 203.52 feet continuing along said previous right-of-way line to a point for a corner, said point being 5.16 feet south of the south property line of Lot 2, Block 9 of the Southlake Town Square Addition; (W N 892950W, for a distance of 24.93 feet to the POINT OF �A�THENCE' ' " BEGINNING, con tainm g 6,241 square feet or 0.143 acres, more or less. G:\001-232\232-L6.DOC January 7, 2000 z City of Southlake, Texas MEMORANDUM January 26, 2000 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 757) SUBJECT: Award of bid to American Tennis Court Contractors for batting cages at Bicentennial Park Action Requested: City Council approval' of award of bid to American Tennis Court Contractors of Fort Worth, Texas to construct batting cages at Bicentennial Park in the amount of $63,733. Background Information: At the January 25, 1999 SPDC meeting, the Board authorized matching grant funding in the amount of $30,000 to the Southlake Baseball Association (SBA) for facility improvements at Bicentennial Park. One of the proposed improvements was to construct four (4) batting cages in Bicentennial Park. At the February 22, 1999 SPDC meeting, the Board authorized matching grant funding in the amount of $5,000 to the Southlake Girls Softball Association (SGSA) to construct two (2) batting cages at Bicentennial Park. City staff met with both the SBA and the SGSA to review the preliminary designs for the batting cages, as well as their placement in the park. As a result of the meetings, the Associations agreed upon the design of the batting cages and their locations. The Parks and Recreation Board approved the location of the six (6) batting cages in Bicentennial Park at their December 13, 1999 meeting on Consent agenda (8-0). Staff conducted the bid process in compliance with applicable laws and procedures. Two (2) vendors submitted bids on this project on January 14, 2000. American Tennis Court Contractors of Fort Worth, Texas provided the low bid in the amount of $63,733. This company has completed numerous projects within Bicentennial Park with a strong willingness toward owner satisfaction. The bid tabulations are attached, and show that the four (4) SBA batting cages are $46,000, and the two (2) SGSA batting cages will cost $16,733. To date, the other projects requested by SBA have resulted in a total cost of $16,394.13, of which the City's share through SPDC was $8,197.07. This leaves an unencumbered amount of $21,802.93 of SPDC matching grant funding available for the approved SPDC projects. Mr. Jerry Kegley, SBA president, has indicated that they will pay from their Association funds their 50% match of $21,802.93, as well as the remaining $2,394.14 towards the batting cages designated for baseball. As mentioned, matching funds in the amount of $5,000 for the SGSA batting cages had previously been allocated within the SPDC Matching Funds Program for FY 1999. The bid amount of $16,733 exceeds the approved matching funds. To address the difference, SPDC authorized matching grant funding in the amount of $3,366.50 from FY 2000 at their January 24, 2000 meeting on Regular agenda (7- 0). AV - - Billy Campbell, City Manager January 26, 2000 Page 2 Financial Considerations: Citizen Input/ Board Review: Legal Review: Alternatives: Supporting Documents: Staff Recommendation: KH Funding for the batting cages had been allocated within the SPDC Matching Funds Program for FY 1999 and FY 2000. The bid amount exceeds the approved matching funds, however SBA has committed $2,394.14 of Association funds to cover the difference. Both SBA and SGSA have committed to provide all of the required funding necessary to complete the project to the City prior to entering into a contract with American Tennis Court Contractors. An additional $1,000 for adjacent fence improvements associated with the construction of the batting cages will be funded out of the Parks and Recreation division's operating budget. City staff has worked with the SBA and SGSA on the design and location of the six (6) batting cages within Bicentennial Park, and the Associations approved the plans. The Parks and Recreation Board approved the proposed location for the six (6) batting cages within Bicentennial Park at their December 13, 1999 meeting. The City Attorneys are reviewing the contract for compliance with applicable laws and procedures. Alternatives include the following: ■ Reject the bid for the construction of the batting cages and proceed to reopen the bidding process. ■ Approve the bid for the budgeted amount only, with a reduced scope of work. Supporting documents include the following items: ■ Bid tabulation for the construction of batting cages within Bicentennial Park. Place as an item on the February 1, 2000 City Council agenda to approve the award of bid to American Tennis Court Contractors of Fort Worth, Texas to construct batting cages in Bicentennial Park. City of Southlake, Texas MEMORANDUM January 26, 2000 TO: Kevin Hugman, Director of Community Services FROM: Ben Henry, Parks Planning and Construction Superintendent SUBJECT: Bicentennial Park Batting Cages The following is the bid tabulation as received on Friday, January 14, 2000 from two (2) qualified contractors. The order of the Bid is from lowest to highest. Order of Bid Bidder and Location Bid Amount 1. American Tennis Court Contractors $63,733.00 Fort Worth, Texas 2. Ed A. Wilson, Inc. $77,000.00 Fort Worth, Texas Included in the project is adjacent fencing improvements associated with the construction of the batting cages, which will be funded out of the Parks and Recreation division's operating budget. The financial breakdown between the Associations and the City total the following: Item American Tennis Court Contractors Ed A. Wilson SBA $46,000 $50,000 SGSA $16,733 $23,000 Adjacent Fencing Plan $1,000 $4,000 Total Amount of Bid $63,733.00 .Q.3 $77,000.00 City of Southiake, Texas MEMORANDUM January 27, 2000 TO: Billy Campbell, City Manager FROM: Shelli Siemer, Assistant to the City Manager SUBJECT: Ordinance No. 769, V Reading, Hotel Occupancy Tax Ordinance Action Requested: Background Information: Consideration of the adoption of a Hotel Occupancy Tax Ordinance. The City Council has indicated a desire to pursue the adoption of a hotel occupancy tax in the City of Southlake. The local hotel occupancy tax can provide an alternative source of funding for a city's economic development initiatives to promote tourism in the convention and hotel industry. As explained in the attached letter from City Attorney Deborah Drayovitch, the city may implement a hotel occupancy tax by adopting an ordinance calling for the levy of the tax. Unlike the local sales tax, the hotel occupancy tax can be implemented without voter approval. This memo highlights information pertaining to the allowable tax rate, comparison rates with neighboring cities, the allowed use of hotel occupancy tax revenues including definitions of allowed and prohibited uses, a summary of how area cities spend their hotel occupancy tax revenue, and possibilities for Southlake to use hotel occupancy tax revenues. Allowable Tax Rate - Maximum Seven Percent (7%) For those cities and counties participating in the hotel occupancy tax program, the maximum allowable tax rate is seven percent of the price paid for the use of a hotel room. Hotel food and personal service costs are not taxed. There is some variation in the levied tax rates for Texas cities. The comparative tax rates for neighboring cities and total revenues collected are as follows: City Hotel Tax Rate Hotel Tax Revenue 1998 Per Capita Tax Revenue Grapevine 6 % $ 3,280,265 $ 112.33 Lewisville 7 % $ 1,012,481 $ 21.76 N. Richland Hills 7 % $ 284,095 $ 6.19 Bedford 7 % $ 831,540 $ 19.00 Euless 7 % $ 332,995 $ 8.73 Hurst 7 % $ 76,687 $ 2.28 Farmers Branch 6 % $ 2,140,128 $ 88.25 Burleson 7 % $ 80,518 - $ 5.00 1-1 Billy Campbell January 27, 2000 Page 2 �4w The State of Texas administers a six percent hotel occupancy tax rate. There are seventeen counties, which have received legislative approval to adopt a county hotel occupancy tax. Neither Tarrant nor Denton Counties currently levy a hotel occupancy tax. Use. of Hotel Tax Revenues - Promote Tourism The revenue generated from the local hotel occupancy tax must directly enhance and promote the tourism, convention and hotel industries in the city, which levies the tax. It cannot be used for general revenue purposes or to pay for governmental expenses unrelated to the task of tourism. The expenditure must be intended to bring visitors from outside of the city into the city or its vicinity. Expenditure Categories The expenditure of hotel occupancy tax revenues must fit into one of the five statutory categories: 1. Funding the establishment or improvement of a convention center 2. Paying the administrative cost for facilitating convention registration; 3. Paying for tourism related advertising and promotions of the city; 4. Funding programs which enhance the arts; or 5. Funding historical restoration or preservation programs. The explanations below summarize the allowable and prohibited expenditures for each of the five categories: (1) Funding the establishment or improvement of a convention center Convention Center facilities are defined as: civic centers, civic center buildings, auditoriums, exhibition halls, and coliseums owned by the city or other gov't entity managed by the city. Allowed Thes • Acquisition of sites for a convention center • Construction of a convention center • Improvements to a convention center facility, enlarging, equipping, and repairing the facility • Operation and maintenance costs associated with a convention center. • Parking areas or facilities located in the vicinity of the convention center Prohibited Uses • Recreational facilities such as a golf course or tennis courts cannot be funded by hotel tax revenues. In fact, using a portion of the hotel occupancy tax revenues for a city recreational facility has been upheld by the Attorney Genera to violate the intent of the tax. Billy Campbell January 27, 2000 Page 3 (2) Paying the administrative cost for facilitating convention registration Allowed Uses Costs associated with the administration of convention includes covering the facility costs, personnel costs, and costs of materials for the registration of convention participants. (3) Paying for tourism related advertising and promotions of the city Allowed Uses Promotional programs or advertising directly related to attracting conventions and tourists to the city. Prohibited Uses Advertising to attract new business and residents to the city is not an allowed use of hotel occupancy tax funds. - (4) Funding programs which enhance the arts Arts is defined as instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic, and craft arts, motion pictures, radio, television, tape and sound recording, and performing arts. Allowed Uses • Promotional activities related to arts programs • Costs associated with the physical facilities to accommodate these art forms (5) Historical restoration and preservation programs Funds spent in this category must be used on a project or activity located within the city or immediate vicinity which will encourage tourists to visit historic sites Allowed Uses • Costs related to advertising and promoting tourists to visit historic sites • Costs associated with rehabilitation or preservation of historic structures Hotel tax proceeds may be used for covering a portion of administrative costs associated with implementing programs or projects covered in the five allowable categories. Efforts to promote the city as a tourist or convention location may involve some travel -related expenses. Such expenses may involve the travel to attend an event or to conduct an activity directly related to the promotion of the travel and hotel industry, or travel directly related to providing staff the training to acquire skills and knowledge necessary to promote tourism. ,Billy Campbell January 27, 2000 Page 4 \W Additional Limits on Expenditures The statute sets additional limits on how cities can allocate the hotel occupancy tax revenues to be spent in each category based on the population of the city. These limits also vary based on the amount of tax levied by the city. For a city with a population under 125,000, the following list describes the minimum and maximum limits, which must be spent in each category, if the City Council chooses to adopt a seven percent hotel occupancy tax: • A minimum of one percent (1 %) of the hotel occupancy tax rate must be spent on tourism related advertising and promotions; • A maximum of 15 % of the total revenue produced by the tax can be spent on art related programs; • A maximum of 50 % of the revenue may be spent on historical restoration or preservation programs, if no revenue is allocated to construction or operating a convention center. Possible Hotel Occupancy Tax Expenditures The primary qualification for .the use of hotel ocupancy tax revenue is that the expenditure directly enhances and promotes tourism. The following lists describe possibilities the City of Southlake may choose to use for the hotel tax revenue. Promotional • City wide festivals/events - promoted regionally, state wide, nationally to bring visitors to Southlake (ie: kite festival, Fourth of July celebration, holiday lighting celebration) • Banners on city light poles promoting various events • National and State recreational tournaments (ie: baseball, softball, soccer, basketball tournaments) • Marketing/advertising of Southlake in state and national travel magazines • Contribution to the Chamber of Commerce for the promotion of tourism to the city • Travel expenses associated with trips to Sister Cities by promoting cultural exchanges to Southlake • Possible costs associated with entrance portals Billy Campbell January 27, 2000 Page 5 Historical Preservation • Restoration of historical sites such as the log cabin • Various programs such as oral history events, historical society • Establishment of a historical commission • Historical memorial or monument displays (ie: such as memorial to Bob Jones) Cultural Programs • Contributions to the Northeast Tarrant Arts Council for promoting, sponsoring and holding arts in the City of Southlake • Contribution to Lake Cities Community Band for their seasonal concerts • Masterworks music series • Possibilities to include some costs associated with Texas Sister Cities International • Funds related to displays of public art Convention Center/Visitors Information Center • The city may choose in the future to build a conference center • Designate a location for a visitor's information center and provide materials for visitors. Financial Considerations: If the City Council adopts a hotel occupancy tax ordinance, the maximum allowable tax rate for the city to levy is seven percent of the price paid for the use of a hotel room. Citizen Input/ Board Review: It is the City Council's authority to designate how the funds are used and to ensure they are used properly. It is the City Manager's recommendation that the City Council determine how to spend the funds for the first two years the tax generates revenue. Some cities create a hotel advisory commission, made up of representatives in the travel and hotel industry, to obtain input on the use of the tax revenues. Legal Review: The City Attorney prepared the draft ordinance and provided a summary cover letter regarding the hotel occupancy tax. Alternatives: The alternative would be to either not adopt the hotel occupancy tax or delay this ordinance for a later date. Billy Campbell January 27, 2000 Page 6 Supporting Documents: Proposed Hotel Occupancy Tax Ordinance and cover letter. Use of Hotel Occupancy Tax Revenues - Area Cities Comparative Analysis Staff Recommendation: Please place this item on the February 1, 2000 City Council agenda for first reading of the ordinance. o - °�' ~ e �. a� o ,2 WrA + . U o U p Epp p U b b a U U U ry+ y El Q y 0 .O y •�Q� G ,�, O. ' ^� as O 4) ppr p o ed p ' to y ) V .-.�O > a �+ En '>, G O. y O o N. .a p ° OrA aQy o a °' ,s — 1op� a" o bA 4ti, w bA id api o a yo i a, 4 .... td b ::, a� 'v�i y o d b o t'�' 'o � a°'i O 'b d b o o cd .- o J5 z 2�-.9db 3 U H w.� v� �d.� AUH 3 a U0 > y O. U a x a � a o p, d � c 75 2,0 •ti 4.4 U y p C.0 bq G� )C � p I U UH c •b�q 0 Cd U .'" y � Q cd G� 0.2 y 0 o a b �Cd I O.0 N a 3 0 C, oa moo w °�'' �� > 2�o .d .� Q a o G OU U.c UU a a. Rs•� O a U u O � w � e� W 'gi — 7 y 10' .0 U 2 O z= � y o ° E 0 'b U o Q w v� w W o. Z U o .. 0 °�'' `d 0 H -w O ° o =u s o .r a �b °. a cd v p, N W Ucqj ' O FVn ' �." a0+ > '� U bA C� y Ley Q bU �O/ El U o.°°rWbx� w°a°O 3 d-0ow a0a4GA o 0 v oC Val 54 0 U c° - cd U i., V) 4 6-4 O C4 '0 3 O O 0 o� � E c 0 x 0 0 �o o� A 94- -0p w ed o > oU C U (4;4 4144rj) aW O 0 y � 40, a TAYLOR, OLSON, ADKINS, SRALLA & ELAM, L.L.P. ATTORNEYS AT LAW K10 THROCKMORTON STREET BANK ONE TOWER T WORTH, TEXAS 76102-3821 DEBRA DRAYOVITCH email: DdravovitchAtoase.com extension: 224 January 6, 2000 [VIA EMAIL & FIRST CLASS MAIL] Ms: Shelli Siemer CITY OF SOUTHLAKE 1725 E. Southlake Boulevard Southlake, Texas 76092 Re: Proposed Hotel Occupancy Tax Ordinance Dear Shelli: TELEPHONE (817) 332-2580 TOLL FREE (800) 318-3400 FAX (817) 3324740 Enclosed you will find a draft of the proposed hotel occupancy tax ordinance which you have requested that I prepare. The ordinance tracks the provisions of Chapter 351 of the Texas Tax Code, which govern municipal hotel occupancy taxes. For your convenience, I have also enclosed a copy of Chapter 351. The following is a brief summary of the applicable law regarding the City's authority to impose a hotel occupancy tax and the mechanisms. In general, home rule cities are -authorized to adopt a hotel occupancy tax within the city boundaries. The City Council implements the tax simply by adopting the ordinance calling for the levy of the hotel occupancy tax. Unlike a local sales tax, the local hotel occupancy tax does not require voter approval. A city with a population of under 35,000 may also adopt the hotel occupancy tax within that city's extraterritorial jurisdiction (ETJ) as long as the combined state, county, and city tax does not exceed 15%. We have provided that this ordinance imposes the tax in the city's ETJ. If you do not desire this provision in the ordinance, we can delete it. The tax is imposed against any person or entity who pays for the use of a room in a hotel if the room is ordinarily used for sleeping and the charge for the room exceeds $2.00 per day. The price of the room does not include the cost of food service or other personal services except those relating to cleaning and readying the room for use. The statute allows an exemption from the tax for persons who have contracted to use a hotel room for 30 or more consecutive days. The statute also provides that employees of a federal or state agency must pay the hotel occupancy tax at the time they use the room. However, such a governmental entity is entitled to receive a refund of_those taxes on a quarterly basis by filing a refund claim with the city on forms promulgated by the state comptroller. Current law does not exempt city officers and staff from the hotel occupancy tax, even if the officer or employee is traveling on official City business. Additionally, Shelli Siemer January 6, 2000 _ Page 2 employees of institutions of higher education are not exempt from the application of the tax. The draft ordinance incorporates these statutory exemptions. The tax is paid by the hotel customer to the hotel and then is remitted to the city on a regular basis. The state comptroller's office is not involved. The ordinance provides for a tax of 7% of the charge paid by the occupant of a hotel room, and the term "hotel" is specifically defined in the statute and set forth in the ordinance. If the Council wishes to adopt a lower tax rate, we can amend that section. Most cities, however, adopt a tax rate of seven percent. The operators of the hotel must collect the tax, and report and pay the tax to the city on the 151' day of the month following when the tax was earned. Additionally, the person collecting the tax is entitled to be reimbursed one percent of the gross amount of the tax collected if the tax is paid to the city timely (on the 16' day of the following month). The city, however, is not permitted to retain any established percentage of the collected tax to cover their own administrative costs. The statute and draft ordinance authorize the City to take the following actions against a hotel that fails to report or collect the tax: 1. To require the forfeiture of any revenue the city allows the hotel operator to retain for collecting the tax; 2. To bring suit against the hotel for non-compliance; 3. To bring suit to enjoin operation of the hotel until the required report is filed and/or the tax is paid; and 4. To take any other remedies provided under law. The statute and the ordinance further provide for penalties in the event the hotel fails to collect or pay the tax, or fails to file a report as required. Such failure is an offense punishable by a fine of up to $500, and there is an additional penalty of 15% of the tax due. Further, delinquent taxes accrue interest at 10% beginning 30 days after the tax is due. The ordinance further provides for attorneys' fees in the event the city has to enforce these provisions against any person. Finally, the statute and the ordinance limit the disposition of the hotel occupancy tax revenue. Every expenditure of such taxes must first, directly enhance and promote tourism in the convention hotel industry, and secondly, must fit into one of five statutory categories for expenditure of tax revenues: 1. Funding the establishment or improvement of a convention center; 2. Paying the administrative costs for facilitating convention registration; 3. Paying for tourism related advertising and promotions of the city; 4. Funding programs which enhance the arts; or 9 -L- J C) Shelli Siemer January 6, 2000 - Page 3 5. Funding historical restoration or preservation programs. Additionally, the statute provides certain additional rules regarding the expenditure of tax revenues. For example, a city with a population of less than 125,000, like Southlake, must spend an amount equal or greater than the amount of tax equal to one percent of the cost of the room plus cost of tax on advertising and promotion of the city to attract tourist and convention delegates, and such a city is limited in spending a maximum of 15% of the revenue for certain arts programs. Finally, if the City does not use any of the hotel revenue for constructing or operating a convention center, only 50% of the tax revenue may be spent on historical restoration and preservation projects. After your review of the enclosed draft hotel occupancy tax ordinance, please give me a call with any questions, concerns or revisions. I hope you had a wonderful Holiday. DAD:tml Enclosure cc: Shana Yelverton Assistant City Manager City of Southlake 1725 E. Southlake Boulevard Southlake, Texas 76092 Sharen Elam Director of Finance City of Southlake 1725 E. Southlake Boulevard Southlake, Texas 76092 W.1SouthlakeLLErrSW 1~.LTRDAD.wpd Sincerely, 9-• �'z - 21- City of Southlake, Texas ORDINANCE NO.769 AN ORDINANCE PROVIDING FOR A HOTEL OCCUPANCY TAX OF SEVEN PERCENT ON THE PRICE PAID FOR A ROOM IN A HOTEL; DEFINING TERMS; PROVIDING FOR A TAX LEVY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR THE DISPOSITION OF REVENUE AND REFUNDS; PROVIDING FOR RESPONSIBILITY FOR COLLECTION, REPORTING, AND PAYMENT OF THE TAX; PROVIDING FOR REPORTS, PAYMENTS AND FEES; PROVIDING RULES, REGULATIONS AND PENALTIES; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council of the City of Southlake has determined that it is necessary to adopt this ordinance to impose a hotel occupancy tax so that the best interests of the citizens of Southlake are served; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Chapter 17 of the Code of Ordinances of the City of Southlake is hereby amended by adding a new Article IV thereto, which shall read as follows: "ARTICLE IV. HOTEL OCCUPANCY TAX Section 17-100. Definitions. (1) "Consideration" means the cost of a room in a hotel, and does not include: (A) the cost of any food served or personal services rendered to the occupant not related to cleaning and readying the room or space for occupancy; or S I- - / --I-- (B) any tax assessed by any other governmental agency for occupancy of the room. (2) "Director" means the director of finance of the city or the director's designated representative. (3) "Hotel" means any building in which members of the public obtain sleeping accommodation for consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, or bed and breakfast. The term does not include: (A) a hospital, sanitarium, or nursing home; or (B) a dormitory or other housing facility owned or leased and operated by an institution of higher education or a private or independent institution of higher education, as those terms are defined by Section 61.003 of the Texas Education Code, as amended, that is used by the institution for the purpose of providing sleeping accommodations for persons engaged in educational program or activity at the institution. (4) "Occupancy" means the use or possession, or the right to the use or possession, of any room in a hotel. (5) "Occupant" means any person who, for a consideration, uses, possesses, or has a right to use or possess any room in a hotel under any lease, concession, permit, right of access, license, contract, or agreement. (6) "Tax" means the hotel occupancy tax levied in this article pursuant to Chapter 351 of the Texas Tax Code, as amended. (7) "Tourist" means an individual who travels from the individual's residence to a different municipality, county, state, or country for pleasure, recreation, education, or culture. (8) "Visitor Information Center" means a building or a portion of a building used to distribute or disseminate information to tourists. Sec.17-101. Levy and amount of tax. (a) There is hereby levied a tax upon the occupant of any room that: (1) is in a hotel within the City or its extraterritorial jurisdiction; (2) is ordinarily used for sleeping; and (3) the cost of occupancy of which is $2 or more each day. (b) The tax is equal to seven percent of the consideration paid by the occupant of the room to the hotel. SL- l3 Sec.17-102. Exemptions and refunds. (a) A person described in Section 156.101 or Section 156.103(d) of the Texas Tax Code, as amended, is exempt from the payment of the tax imposed under this article. (b) A governmental entity excepted from the tax imposed by Chapter 156 of the Texas Tax Code, as amended, under Section 156.103(a)(1) or (a)(3) of that chapter shall pay the tax imposed by this article, but is entitled to a refund of the tax paid. (c) A person described in Section 156.103(c) of the Texas Tax Code, as amended, shall pay the tax imposed by this article, but the state governmental entity with whom the person is associated is entitled to a refund of the tax paid. (d) To receive a refund of tax paid under this article, the governmental entity entitled to the refund must file a refund claim with the director on a form prescribed by the state comptroller and provided by the director. A governmental entity may file a refund claim with the director only for each calendar quarter for all reimbursements accrued during that quarter. Sec.17-103. Responsibility for collection, reporting, and payment of tax. Every person owning, operating, managing, or controlling any hotel shall collect the tax for the city and report and pay the tax to the city in accordance with all requirements and procedures set forth in this article. Sec.17-104. Reports; payments; fees. (a) On the 15" day of the month following each month in which a tax is earned, every person required by this article to collect the tax shall file a report with the director showing: (1) the consideration paid for all occupancies in the preceding month; (2) the amount of the tax collected on the occupancies; and (3) any other information the director may reasonably require. (b) Every person required by this article to collect the tax shall pay the tax due on all occupancies in the preceding month to the director at the time of filing the report required under Subsection (a) of this section. (c) Every person collecting a tax under this article may deduct a one percent collection fee from the gross amount of tax collected on all occupancies in the preceding month if the tax is paid to and received by the director no later than the 15' day of the month following the month in which the tax is required to be collected. If the 15' day falls on a weekend or holiday, the director MLKSWOORSSIEMER"HELLI\HOTEL TAX\HOTELOCCUPANCYTAX_ORDINANCE.DOC Page 3 S"1-/y must receive the tax by the next business day. If the tax is paid by mail, the date of receipt by the director is the date postmarked by the U.S. Postal Service. (d) Each remittance of a tax required by this article must contain the following statement and representation signed by the person required by this article to collect the tax: The tax remitted and paid to the City of Southlake with this report was collected pursuant to the requirements of Article IV, Chapter 17, Southlake City Code, as amended. (e) The director shall maintain a record that accurately identifies the receipt and expenditure of all revenue derived from the tax imposed by this article. Sec. 17-105. Tax collection on purchase of a hotel. (a) If a person liable for the payment of a tax under this article is the owner of the hotel and sells the hotel, the successor to the seller or the seller's assignee shall withhold an amount of the purchase price sufficient to pay the tax due until the seller provides a receipt from the director showing that the amount has been paid or a certificate stating that no tax is due. (b) The purchaser of a hotel who fails to withhold an amount of the purchase price as required by this section is liable for the amount required to be withheld to the extent of the value of the purchase price. (c) The purchaser of a hotel may request that the director issue a certificate stating that no tax is due or issue a statement of the amount required to be paid before a certificate may be issued. The director shall issue a certificate or statement not later than 60 days after receiving the request. (d) If the director fails to issue the certificate or statement within the period provided by Subsection (c) of this section, the purchaser is released from the obligation to withhold the purchase price or pay the amount due. Sec. 17-106. Rules and regulations. The director is authorized to make any rules and regulations necessary to effectively collect the tax. The director shall, upon giving reasonable notice, have access to, all books and records necessary to enable the director to determine the correctness of any report filed as required by this article and the amount of taxes due under this article. \\SLKSV4001\SSIEMERS\SHELLI\HOTEL TAX\HOTELOCCUPANCYTAX_ORDINANCE.DOC Page 4 (W-1 Sec. 17-107. Use and allocation of revenues. (a) The revenue derived from any hotel occupancy tax imposed and levied by this article may be used only to promote tourism in the convention and hotel industry, and that use is limited to the following: (1) the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both; (2) the furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; (3) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the city or its vicinity; (4) the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and draft arts, motion pictures, radio, television, tape and sound recording, and other arts relating to the presentation, performance, execution, and exhibition of these major art forms; and (5) historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: (1) at or in the immediate vicinity of convention center facilities or visitor information centers; or (2) located elsewhere in the city or its vicinity that would be frequented by tourists and convention delegates. (b) Revenue from any hotel occupancy tax imposed and levied by this article may not be used for the general revenue purposes for general governmental operations of the city. (c) Allocations of the hotel occupancy tax revenue by the city for the purposes set out by subsection (a) above, must comply with the provisions of Chapter 351 of the Texas Tax Code. Sec. 17-108. Penalties. (a) A person commits an offense if the person: (1) fails to collect the tax imposed by this article; (2) fails to file a report as required by this article; (3) fails to pay the director the tax when payment is due; (4) files a false report; or (5) fails to comply with Section 17-105(a) when purchasing a hotel. \\SLKSV4001\SSIEMERS\SHELLI\HOTEL TAX\HOTELOCCUPANCYTAX ORDINANCE.DOC Page 5 (b) An offense committed under subsection (a) of this section is punishable by a fine not to exceed $500. (c) In addition to any criminal penalties imposed under Subsection (b) of this section, a person failing to pay the tax to the director by the 25`h day of the month following the month in which the tax is required by this article to be collected shall pay an amount equal to 15 percent of the tax due as a penalty. Delinquent taxes draw interest at the rate of 10 percent per year beginning 30 days from the date the tax is due to the director. (d) In addition, the city is authorized to file legal proceedings against the hotel for noncompliance seeking any other remedies provided by state law. (e) In addition to the amount of any tax owed, a person is liable to the city for all reasonable attorney's fees incurred by the city in enforcing this article against the person and in collecting any tax owed by the person under this article." SECTION 2. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. SEVERABILITY CLAUSE It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. \\SLKSV4001\SSIEMERS\SHELLRHOTEL TAX\HOTELOCCUPANCYTAX_ORDINANCE.DOC Page 6 E - I 7-- PUBLICATION 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 10 days before the second reading of this ordinance. The city secretary shall additionally publish the caption and penalty clause of this ordinance in the official city newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 5. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 2000. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2000. MAYOR \\SLKSV4001\SSIEMER$\SHELLI\HOTEL TAX\HOTELOCCUPANCYTAX_ORDINANCE.DOC Page 7 sl 1$ ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney \\SLKSV4001\SSIEMERS\SHELLI\HOTEL TAX\HOTELOCCUPANCYTAX_ORDINANCE.DOC Page 8 sl- / 7 4 t-.ny Ui wuMrnaKe, i exas MEMORANDUM January 28, 2000 To: Billy Campbell, City Manager From: Charlie Thomas, City Engineer, extension 814 Subject: Ordinance 772- Changing the Street Name of Bastogne Way to Merlot Drive Action Requested: Adopt ordinance 772, changing the name of Bastogne Way to Merlot Drive. Background Information: The final Plat for Versailles Phase I was approved in 1996. That plat included a street named Bastogne Way running from Fountain Drive to the north line of the subdivision with a dead end at undeveloped property. The final plat for Versailles Phase III, which is situated along the north side of Versailles Phase I, was approved in 1999. A street named Merlot Drive was platted tying into the north end of Bastogne Way. There are no addresses on Bastogne Way. To eliminate a street name change in the middle of the block, Bastogne Way should to be changed to Merlot Drive. Financial Considerations: None. Citizen Input/ Board Review: None. Legal Review: City Attorney is reviewing ordinance. Alternatives: Approve it or deny it. Supporting Documents: Ordinance Plat Exhibit (�w 5J-1 Staff Recommendation: Please place on City Council Agenda for February 1, 2000 for Council review and approval. Charlie J. Thomas City Engineer 5J-2 its �jt `_, � ( t ' rt� � •jtt� � f �s !ji fill! 1. 11 a f 1r 1. a,�i ;E;tt a l;;;t ZsE PIP ;'3; '•f�tI I��h ,1�1.ii= lii's ,II�.! �,�,I� ::� It •1_�� t /�./I t„!. t t+ +3• t-it ;up lt��!• : ti�� Ei;��� � !� � ��� .iflll rl11St�n'�iij� js �ilt 13i liflffil HOW filulr l,1111 Ills riwt1w Nw.I wn v w.w. 0 1S +• +.w.e C w.r..-w..•<. = w... •a -7-i4iv a a. •wu •'. .ww o 2 1 1 Y U z U J J ., m c0 W si-jj;� min N J H LLJ o,N d W" •+s N O of J 4 3 d E B • i lii E - S 2. S� MI. MP �r MPM 11 Wilt[ 7 f �� aad i Gowu a CL a g V p a S L v ON�N cp aK Wx!- W w 1W�N.D vOW� `= O s vaz c L•'��v �a �c - i 4 CITY OF SOUTHLAKE ORDINANCE NO. 772 AN ORDINANCE CHANGING THE NAME OF STREET LOCATED IN VERSAILLES PHASE I ADDITION WITHIN THE CITY, PRESENTLY KNOWN AS "BASTOGNE WAY" TO "MERLOT DRIVE"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES. WHEREAS, a change in the name of the street located within the City of Southlake, Texas (the "City"), presently known as "Bastogne Way", located in Versailles Phase I Addition, to "Merlot Drive" has been requested by the developer of Versailles Phase I Addition; and WHEREAS, it is the intention of the City Council to hereby officially change the name of such street as requested. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2. That the name of the portion of the street located within the City presently known as "Bastogne Way", located in Versailles Phase I Addition, is hereby officially changed to "Merlot Drive". Section 3. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. All ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are hereby expressly repealed to the extent of the inconsistency or conflict. 5J-4 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 2000. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND, READING ON .THIS . DAY OF , 2000. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY... .. Z : c uny oT Joutmake, I@X8s MEMORANDUM Qe January 28, 2000 TO: Billy Campbell, City Manager FROM: Shawn Poe, Senior Civil Engineer SUBJECT: Approval of Resolution 00-17, Authorizing the City Attorney to bring a condemnation action for the purpose of obtaining a permanent drainage easement for use by the City for the construction of drainage improvements Action Requested: Approve Resolution 00-17 authorizing the City Attorney to bring a condemnation action for the purpose of obtaining a permanent drainage easement for use by the City for the construction of drainage improvements along the West Jones Branch channel. Background Information: The City has been in the process since October 1999 to acquire this drainage easement on Mr. Taylor's property (see vicinity map for property location). The channel improvements along the W. Jones Branch must be substantially complete before the drainage structures along SH 114 are replaced (as part of the SH 114 reconstruction). Furthermore, the drainage (4�lw improvements proposed to be constructed in the subject easement are the bioengineering slope protection for the channel. There is a specific planting timeframe that exists to install the bioengineering materials effectively. Financial Considerations: The City had the property appraised. The City offered Mr. Taylor $63,200 (appraised value) for the easement. As of date, Mr. Taylor has not made a counter-offer. If the condemnation action proceeds to the Commissioner's Court, the City will incur attorney's fees and possible consulting fees from the appraiser, engineer, etc. Citizen Input/ Board Review: None. Legal Review: The attorneys representing the City recommend approval of a resolution to proceed with all condemnation actions. Alternatives: The City has exhausted all efforts to obtain the drainage easement and staff recommends proceeding with the condemnation action. Supporting gcuments: Resolution 00-17 Property location map 5K - 1 l.iiy or JvuxniaKe, Texas A Staff Recommendation: Staff recommends City Council approve Resolution 00-17 authorizing the City Attorney to bring a condemnation action for the purpose of obtaining a permanent drainage easement for use by the City for the construction of drainage improvements. Please place this item on the February 1, 2000 Regular City Council Agenda for approval. C PZ- SEP/sep 5K-2 RESOLUTION N0.00-17 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A PERMANENT DRAINAGE EASEMENT FOR USE BY THE CITY FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW WHEREAS, the City of Southlake is in the process of constructing drainage improvements along the West Jones Branch, (the "Project") which will serve existing developments in the city; and WHEREAS, in order to complete construction of the Project, it is necessary for the city to acquire easements from property owners who own land across which the Project will be located; and WHEREAS, the city and the owner of one of said properties, Ernest E. Taylor, Jr. of Southlake, have been unable to reach an agreement on the acquisition of this easement; and WHEREAS, the city council now deems it necessary to authorize the city attorney to initiate condemnation proceedings in order to acquire the necessary easement NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, LTEXAS: SECTION 1. The city attorney is hereby authorized to bring a condemnation lawsuit for the purpose of acquiring a permanent drainage easement, being more particularly described on the exhibit attached hereto. SECTION 2. The city council finds that such acquisition in this condemnation action is necessary in order to serve the public health, safety and welfare. PASSED, APPROVED and EFFECTIVE this day of .2000. Lwd-fileskcipWrainage4 jones taylor condemnation resolution.doc Mayor, City of Southlake 5K-3 Page 1 ..(4 (W ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney C�J Q0.\wd-files\cip\drainagelw jones taylor condemnation resolution.doc 5K-4 Page 2 EXHIBIT " A , m A VARIABLE WIDTH DRAINAGE EASEMENT SITUATED IN THE S FREEMAN SURVEY, ABSTRACT NO. 525, TARRANT COUNTY, TEXAS. GLEN ALFRED REMMER ET UX BETTY LOU REMMER ��lY^ VOL. 3162, PG. 181 ` THE CORPORATION OF THE _ OPAL DIOCSS OFORT �INSCTR T FORE ETHE BENEFITWAND USE OF THE ST. LAURENCE PARISH VOL. 12240, PG. 861 N04'31'40"E 41.76 S89'S5'45"E 189.45' .a EARNEST E. TAYLOR, JR. VOL. 8348, PG. 1174 : ::...::..::::::: PROPOSED D.RAIN.AQE.._EASEMENTA ;,t. / P.ICHARD KEITH OATES AND CINDY ZIGLAR OATES VOL. 12338, PG. 1352 KAREN ELREE GERMANY at ux BRENT WAYNE GERMANY VOL. 6410, PG. 911 JONNIE F. WIL11AMS AND WIFE CLEDA WILLIAMS VOL. 4060, PG. 430 LOT 1, BLOCK 1 SHROPSHIRE ADDITION VOL, 388-154, PG. 65 LOT 2, BLOCK 1 SHROPSHIRE ADDITION VOL. 388-154, PG. 65 IPF RANDY L. CHAMBERS at ux I MELINDA A. CHAMBERS LOT IR, BLOCK A VOL. 12403, PG. 890 ST. LAURENCE EPISCOPAL CHURCH ADDITION CAB. A, SLIDE 3900 100 0 100 200 FEET 5K-5 ..r .80 EXHIBIT "B" PROPERTY DESCRIPTION BEING 1.8401 acres of land situated in the S. Freeman Survey, Abstract No. 525, Tarrant County, Texas, and being a portion of a tract of land conveyed to Earnest E. Taylor, Jr. as recorded in Volume 8348, Page 1174, Deed Records of Tarrant County, Texas, said 1.8401 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found for the southeast corner of a tract of land conveyed to Walter Starkey and wife, Gertrude Starkey, and recorded in Volume 3242, Page 317, Deed Records of Tarrant County, Texas, said iron rod also being in the south line of the aforesaid Taylor tract; THENCE NORTH, 98.61 feet to a point for the northeast corner of said Starkey tract; THENCE WEST, 87.28 feet to a point; THENCE N 070 33' 48" W, 101.74 feet to a point; THENCE N 130 56' 31" E, 114.10 feet to a point; THENCE N 240 22' 08". E, 108.43 feet to a point; THENCE N 040 31' 40" E, 41.76 feet to the south line of a tract of land conveyed to the Corporation (W Nf the Episcopal Diocese of Fort Worth in Trust for the Benefit and Use of the St. Laurence Parish, V*mveecorded in Volume 12240, Page 861, Deed Records of Tarrant County, Texas; THENCE S 890 55' 45" E, along said south line, 189.45 feet to a point; THENCE S 180 24' 3 3 " W, 117.06 feet to a point; THENCE S 190 32' 39" W, 116.59 feet to a point; THENCE S 130 46' 32" E, 47.49 feet to a point; THENCE S 180 13' 3 1 " E, 34.20 feet to a point; THENCE S 180 52' 10" E, 88.86 feet to a point; THENCE S 17° 18' 30" W, 70.48 feet to a point in the common line between said Taylor tract and Lot 1R, Block A in the St. Laurence Episcopal Church Addition as recorded in Cabinet A, Slide 3900, Plat Records of Tarrant County, Texas; THENCE N 890 44' 21" W, along the aforementioned common line, 118.12 feet to the POINT OF BEGINNING and containing 80,153 square feet or 1.8401 acres of land. ` (awl of. G L �c �GoY... 1�N� -o .......16g6 �'gOFESS� 5K-6 J• . . f Taylor Condemnation Resolution NORTHWEST PKWy EAST 'S .n 5K-7 z N No Scale airy or SoumiaKe, texas MEMORANDUM January 28, 2000 To: Billy Campbell, City Manager From: Charlie Thomas, City Engineer, extension 779 Subject: Walgreen's (W.R. Eaves No. 500 Addition, Lots 5&6) Developer Agreement Action Requested: Authorize the Mayor to execute a commercial developer agreement for Walgreen's (W.R. Eaves No. 500 Addition, Lots 5&6). Background Information: The final plat for Walgreen's was approved on January 4, 2000. Walgreen's site is located on the southwest corner of F.M. 1709 and South Peytonville. The development of this site will include the construction of a deceleration lane on the eastbound approach of F.M. 1709 to southbound South Peytonville and 1,017 feet of off -site sanitary sewer. The developer is requesting that the 3% inspection fees and 2% administration fees be waived on the construction of the deceleration lane. TxDOT will inspect the construction of the deceleration lane, therefore this request is justified. Financial Considerations: None. Citizen Input/ Board Review: On January 10, 2000, the Park Board approved a park fee of $2,887.20. Legal Review: This developer agreement is our standard agreement, originally drafted by City Attorneys. Alternatives: Approve it, deny it, or modify it. Qe 5L-1 Supporting Documents: Developer Agreement Plat Exhibit Staff Recommendation: Please place this developer agreement on the February 1, 2000 Council agenda for City Council review and approval. (Charlie J. Tho s, P.E. City Engineer QV, 5L-2 WALGREEN'S (W.R. EAVES NO.500 ADDITION LOTS 5 & 6) „ COMMERCIAL DEVELOPER AGREEMENT An agreement between the City of Southlake. Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the "Developer", of Walgreen's (W.R. Eaves No. 500 Addition, Lots 5 & 6), hereinafter referred to as "Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the Addition (a commercial development) and to the off -site improvements necessary to support the Addition. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best -rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City Commercial Developer Agreement 1 5L-3 0 acceptance of the Addition. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned hereinabove which are intended to be public facilities shall be vested in the City, and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire Agreement shall occur at such time that the City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved, and are being accepted by the City. E. On all public facilities included in this Agreement for which the Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the ,.�4 ,. �a sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; Commercial Developer Agreement 2 5L-4 f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition which have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the Addition so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. Commercial Developer Agreement 3 5L-5 4 The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City. J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. II. FACILITIES A. ON -SITE WATER The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the Director of Public Works, the City, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA and TNRCC requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. Commercial Developer Agreement 4 5L-6 L � C. STREETS The street construction in the Addition will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. 1. The Developer will be responsible for: a) Installation and two year operation of street lights, which is payable to the City prior to final acceptance of the Addition; or ar agreement with utility provider stating that no charge will be made for street lights for the two-year duration. b) Installation of all street signs designating the names of the streets inside the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances; c) Installation of all regulatory signs recommended based upon the Manual on Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction of the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means, the City is only responsible for replacement of standard signage. 2. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. Commercial Developer Agreement 5 5L-7 It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON -SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials, engineering, permits and Impact Fees. In the event that certain sewer lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. E. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the Addition. Commercial Developer Agreement 6 5L-8 _A F. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. H. START OF CONSTRUCTION Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: Approved payment and performance bonds must be submitted to the City in the name of the City prior to commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Public Works must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. Commercial Developer Agreement 7 5L-9 A 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co- insured, prior to commencement of any work. 6. A Pre -Construction Meeting to be held with all Contractors, major Sub -Contractors, Utilities and appropriate Government Agencies. III. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. Commercial Developer Agreement 8 5L-10 U C. Approval by the Director of Public Works or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the Director of Public Works signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This Agreement or any part herein, or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his or her own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. Commercial Developer Agreement 9 5L-11 M F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES A. OFF -SITE ROADWAY,I{1,, The developer agrees to—TOMMUMne deceleration lane for eastbound traffic on F.M. 1709 to southbound South Peytonville Avenue. The developer requests that the 2% administration fee and the 3% inspection fee for the construction of the deceleration lane be waived. B. OFF -SITE SEWER The developer will construct approximately 1,017 feet of off slte sanitary sewer to serve the development: C. OFF -SITE WATER D. PARK FEES The Developer agrees to pay the Park Fee of $800 per acre, in accordance with the Subdivision Ordinance No. 483-F, Section 7.0. There are approximately ME acres in the Addition, which would bring the total cost of Park Fees to MAMIMMIMIMFM recom�menddby�ti� oar E. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. Commercial Developer Agreement 10 5L-12 SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER By: Title: Address: STATE OF COUNTY OF On , before me, , Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public My commission expires: Commercial Developer Agreement 11 5L-13 (SEAL) J. -- mof .40 Pq CITY OF SOUTHLAKE, TEXAS Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: Commercial Developer Agreement 12 5L-14 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The Letter of Credit must be issued by a FDIC insured bank it a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letters of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Commercial Developer Agreement 13 5L-15 y City of Southlake, Texas TO: FROM: SUBJECT: MEMORANDUM January 11, 2000 Malcolm Jackson, Chief of Building Services Kevin Hugman, Director of Community Services Park Dedication Requirements - W.R. Eaves No. 500 Addition, Lot 5 (Walgreen Pharmacy) At their January 10, 2000 meeting, the Parks and Recreation Board considered the park dedication requirements of the payment of fees in lieu of park land dedication for the W.R. Eaves No. 500 Addition, Lot 5 (Walgreen Pharmacy), a 3.609 acre non-residential development. The required land dedication for this development is 0.07 acres or $2,887.20 in fees in lieu of land dedication. Section 7.05(A)(1) of the City of Southlake Subdivision Ordinance states the following: "The City Council shall, upon recommendation by the Park Board, determine the applicability of a developer's payment of fees in lieu of the land dedication requirements of this section." ■ The Parks and Recreation Board approved that the park dedication requirements for this (tam, development be met through payment of fees in the amount of $2,887.20 in lieu of park land dedication. The Parks and Recreation Board voted 7-1with Board member Kemp dissenting, to accept the payment of fees in lieu of park land dedication as meeting the park dedication requirements for this development. Mr. Kemp stated that his concern that the fees in lieu of land dedication are not substantial enough to promote park development within the City of Southlake. Please contact me if you have further questions. Please note also that Section 7.07 of the City of Southlake Subdivision Ordinance specifies that the recommended park dedication assessment by the Parks and Recreation Board is subject to the approval of the Planning and Zoning Commission and/or the City Council, and is dependent upon the number of dwelling units (residential) or developed acreage (non-residential). Therefore the above recommendation is subject to change dependent upon further review of a particular Aldevelopment or changes to the proposed development that affect the fee criteria, if any. a KH Cc: Charlie Thomas, City Engineer Karen Gandy, Interim Planning Director 5L-16 A CID CZ) 0 :2t tg VAN., 0 z z 0 cn n 3 LLJ < 0 uo IS j4. slit !N: q 5L-1 7 } fly or aouxniaKe, texas MEMORANDUM (400, January 28, 2000 TO: Billy Campbell, City Manager FROM: Shawn Poe, Senior Civil Engineer SUBJECT: 26th Program Year (2000) Community Development Block Grant (CDBG) — Staff Recommendation & Authorization for Staff to submit an application for improvements including construction of a water line for the Oak Lane Addition Action Requested: Staff s project recommendation for the 2000 Tarrant County Community Development Block Grant (CDBG) program is construction of a water line to serve the Oak Lane Addition. Staff seeks Council authorization for staff to submit an application to Tarrant County for the 26' Program Year CDBG. Background Information: The City has participated in the CDBG program since 1994. Prior to 1994, the City did not qualify for CDBG funds because there were not any known qualified target areas within the City. The current target areas were established following staff s request to Tarrant County to perform a survey for determination. Below is a list of the past projects that have been funded partially or in full by CDBG funds. CDBG PROGRAM YEAR PROJECT 20TH (1994) 12" Waterline along Florence 21ST 1995 12" Waterline along Randol Mill 22ND 199 Sutton Place Sanitary Sewer 23RD 199 Sutton Place Drainage 24'" 1998 Sutton Place Water & Paving 2511 (1999) Oak Lane Sanitary Sewer In 1995, Sutton Place and Oak Lane were approved as qualified target areas under the CDBG program. Consequently under Council direction, staff implemented a plan to construct sanitary sewer, water, paving and drainage improvements to serve the residents of Sutton Place and Oak Lane. A list of these planned improvements along with the current status of each is attached (Timing of Improvements). 7A - 1 %.ny u1 .7Vuu11aKC, Texas For the 26' Program Year CDBG, Oak Lane is scheduled to have an 8-inch water line constructed. The necessary right-of-way required to construct the water line was donated to the City by each resident in Oak Lane. The proposed water line will replace the undersized water line currently in use. The undersized water line was previously installed as part of a private water system. The City purchased the rights to the private water system. Financial Considerations: Attached. is a copy of the 2000 CDBG application that includes a detailed cost estimate and project map exhibit. The estimated cost to design and construct the water line along Oak Lane is $250,000. The anticipated CDBG cost participation is $86,000. The CDBG funding is subject to change depending on the amount appropriated each year to the program by the federal government. Nevertheless, the estimated City's contribution to the cost of this project is $164,000. In the CIP budget, $300,000 was appropriated for the engineering, surveying, and construction cost for the water line to serve the Oak Lane Addition. Citizen Input / Board Review: There have been several public hearings in the past regarding the improvements to Sutton and Oak Lane. Previous City Council's have committed to the residents using the allocated CDBG funds along with City funds to construct these improvements. Legal Review: Not applicable Alternatives: Not applicable Supporting Documents: Timing of Improvements 2000 CDBG Application Notice of Public Hearing Staff Recommendation: Staff recommends Council authorization for Staff to submit an application for improvements including construction of a water line for Oak Lane Addition. Please place this item on the February 1, 2000 Regular City Council Agenda for review and consideration. c5d� SP/sep 7A-2 L 0 0 0 0�0 0 0 U N O o M O z o 0 0 0 0 0 O HP�, l7 O O O O O O AN O w U bs 66s 66s 66q iF iE y N E-� ❑ > C Cis N W C N a > ° E E U] G. >O �. O y 4 O Cd A 3 ce 3 U 0 U a a a g 0 0 vh vA V) O O O � CIS ON � O O N N U C7 A 0 N N N N N N U 0 a 7A-3 Q 3 a� a� 0 a� y 0 .S: .�i U cd O O y O 00 N U = N O U U ... O y � o � oq .� .CA 0 "O En W •Q" � � O O 3 '� b q _O �n U 'C Q U 4.) 4) aHaa JAN-19-00 WED 01:45 PM TCCD J� FAX NO. 817 338 9136 P. 07 COMMUNITY DEVELOPMENT BLOCK GRANT 26TH YEAR -- 2000 PROJECT INFORMATION FORM 1: City Name: City o f southiakp- Tx 2. City's 3-Year Goals and Plans for Community Development Projects: Complete up rade of major infrastructure in area of low to moderate income (Oak Lane sanitary sewer, water, pavinq 3. Project Location (Complete Address, FEMA Map and MAPSCO Coordinates): Oak Lane in west quadrant of Southlake, TX - FEMA Map no. 48439CO185, Mapsco Map no. 11-W (1996 edition) 4. Census Tract: 113 9 - 01 9. 10. Type of Project: water line construction CosttEnginecring Estimate: $ 2 5 0, 0 0 0 Funding Sources: 26th Year CDBG Grant funds/City fdnds Engineering Firm: Cheatham and Associates 1601 E. Lamar Blvd., Suite 200 Arlington, TX /6011 Engineering Contact:, Eddie Cheatham, P.E. (817) 548-0696__ City Contact Person(s): Date of Submittal: Shawn Poe, P.E., Senior Civil Engineer k817) 481-5581, extension 846 January 28, 2000 7A-4 JAN-19-00 WED 01:46 PM TCCD ..c FAX NO. 817 338 9136 P. 08 DESCRIPTION OF ENVIRONMENTAL CONDITIONS 1. Detailed Project Description: Water line construction will serve t h e residents on Oak Lane. Approximately 2,600 linear feet of 8" PVG water line will be installed. The proposed water line is t second phase of infrastructure improvements planned for Oak Lane (sewer is first, paving is last). 2. Detailed.Project Purposc: 1 s t 1 I a n o f water l i n ewill r o v i d e water service to the resi�ens o Bak Cane. The waer (pine will also provide adequate fire protection for residents along Oak Lane (existing lines are. undersized and do not provide fire rotection I Environmental onditions: Small manufactured housing neighborhoo of low to moderate income residents. �,,, ; +Cily.Fohaacem�nt of ; rset ��, (,Ciq.zW,g4yd g�.aje�ts . lyl*., There is an existing 12" water line along Randol.Mill, which the proposed 8" water line will convect to. This line was constructed in 1995. Required Attachments: r X — 1. City Map Marking Location of Project X 2. Project Map X 3. Copy of MAPSCO Map X 4. Detailed Cost Estimate X 5. Completed Environmental Checklists x 6. Copy of FEMA Flood Plain Map, Revised 812195 Prepared By: (Complete Title, Address, and Telephone) Shawn Poe, P.E., Senior Civil Engineer City of Southlake 1721 E. Southlake Blvd. Southlake Texas 7609 7A-5 e )u: _. thlo � --A Ilr►i111loI1h "arcel Basemar, .... . .-NMI _tz ........ .... f"'Al a 0 (IIw Ce CITY OF SOUTHLAKE 26th YEAR CDBG PROJECT MAP. OAK LANE ADDITION � RANDOL MILL ROAD SCALE 1 " = 200' LEGEND F" Proposed Water Line -———-Q--———- FW Existing Water Line 7A-7 u JAN-19-00 WED 01:46 FM TCCD -� .�?► FAX NO. 817 338 9136 P. 09 DETAILED COST ESTIMATE City Name- city of Southlake, TX Date: 1- 2 8- 0 0 Project Description: Oak Lane Water Line Improvements Item No. Description Quantity Unit Price Amount 1 2 8" DR-18 PVC water line Install fire hydrant 2600 LF 6 each $30 $2,500 �78,000 $15,000 3 4 Install 12"x8". tapping 8" gate valve 2 ea 1 ea 3 500 7SO 7,00 750 5 connect to extsting line 2 ea 750 1,500 6 install 1' short.service 20 ea 700 14,000 7 8 install 1' long service driveway & street repair 25 ea 4,320 SF 1,000 10 25,000 43,200 9 10 trench safety erosion control 2,600 LF 1 LS 1.50 3,000 3,900 3,000 15% contingency 28,702..5 Funding Match (If Applicable): Sub -Total: $ 2Z 0, 0 5 2. 5 0 City Amount: $16 0, 4 5 9 Design/Engineering: $ 2 6, 4 0 6. 3 0 OtherSources: $ 8 6, 0 0 0 (C D B G) Total Project Cost: $ 2 4 6, 4 5 8. 8 0 Prepared By: Shawn Poe, P.E. Senior Civil Engineer Pagel of 1 7A-9 ,r JAN-19-00 WED 01:47 PM TCCD 4 FAX NO, 817 338 9136 P. 11 Fnvironmental Assessment Statutory Checklist Project Name and ldentiticationNo. Oak Lane Addition/Water Line, 26th Year CDBG Arm of Statutory-Rcsulatory Compliance (Cttatums for applicable statutes as and rc;ulations are printed on to a� �S° �,�� o°Q�� e� S� Provide compliance the back of thi, Checklist. Full `�c'� `moo° 4La 40° o'er` ��, o°w 4`� documentation. discusssion of each is provided in Additional material may be attached. Appendix 13) -- — I istoric Properties Floodplain Management X Wotan . Protection X Noisc X Man t Flazards Thermal/Explosive I Wards X Airtx)rt Clear 7.oncs X ,Air Quality X Watcr Quality - Aquifers _ X Coastal Areas Coastal X Zone Management Coastal X Barrier Resources Endangered Species X harmlands Protection X Wild and Scenic Rivers I X *Alin r lim th,d required actions have been taken 22 7A-10 J AN- 18-UU WED U i : 41 NCI TM FAX NO, 611 JJ6 yI3b N, 12 Statutory Chccklixt ieenses, Forms of m . Coces Under Other Laws (Federal, State and Local I,aws) Proicet Name and Identification No. Oak Lane Addition/Water Line, 26th Year CDBG Note: See 1AUD-399-CPD, "Environmental Reviews at me commoniry j.cvcr-, as revised for further details regarding the use of assessment fonnats. _Prepared Av Shawn Poe, P.E. city of 5outhlake _ 1721 E. 5outhlake Blvd. Southlake TX 76092 Dace January 282000 Titer Senior Ciyi I Engineer 7A-11 Jrt:Y-:u-uu nu vi-4r rl1 1tA,U -4 rMIN IYU, 01t JIM J1Jc r, Ii Listing of Applicable Please sec Appendix B of this Guide Atues and Regulations for explanation of procedures to be followed. Area of Compliance Historic Properties Nutional Historic Preservation Act of 1966, Section 106 (16 U.S.C. 470f) rrescrvution of Historic and Archaeological Data Act of 1974 (16 U.S.C. 469-469c) L•xecutivc Order 11593, Protcction and Enhancetnent of the Cultural Environment Floodplain Flood Dicacter Protection Act of 1973 (42 U.S.C. 4001 ct. seq.) and Intplcmcntary Regulations Title 24, Chapter X. Subchapter 11. National Flood tnsurancv Program (44 CFR 59-79) Executive Order 11999 and HUD Procedure for Floodplain Kmagentertt (24 C1:R Put 55) (When Issued) wetlands rxecutive Order 11990, Protection of Wetlands and Applicable Smtc Legislation and Regulations. Also 24 Cl-R 55 (When Issued) vise I IUD Rcgulations (24 CFR Pair 51, Subpart 11) Air Quality" Clcan Air Act of 1970 as Arnkmiled (42 U.S.C. 7401 716,12) FTA Rcgulution 40 CFR Part 50, and Partially 40 C1'R Part 51, 52.61. Man -wade Haiards I IIJD Rcgulution (24 CFR Part 51, Subpart C) HUD Notice 79-33) induFnite Notice, Septcmbvr 10, 1979. JJUl) Regulation 24 (CFR Part 51 Subpart D) Water Quality* Federal Water Pollution Control Act, as Amcndcd (33 U.S.C. 1251-1376) Safe Drinking Water Act of 1971(42 U.S.C. 300r-300j.10) as Amuidcd U.S. Environmental Protection Agency (EPA) Implementing Regulations 40 CFR Parts 100-149 Solid Waste Disposal+ Solid Waste Disposal Act as Amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901- 6987) U.S. Environmental Protection Agency (EPA) implementing Regulations 40 CFR Parts 240-265 Coastal Areas Coastal 'Lone Management Act of 1972 as Amended (16 U.S.C. 1451.1464) Coastal Burrior Resources Act of 1982 (16 U.S.C. 3501 cL scdJ Endangered Species Endangered Species Act of 1973 as Amended (16 U.S.C. 1531-1543) Farmlands Protection Farmlands Protection Policy Act of 1921 (U.S.C. 4201 eL scq.) Implementing Regulations 7 CFR 658 Wild and Scenic Rivers Wild and Scenic Rivers Act of 1969 as Amended (16 U.S.C. 1271 ct. scq.) flinvunonmcniaal laws that have permit, license or other forms of compliance usually implemented thmuth a State agency are also listed here. 7A-12 im-18--UU WED U1:4b Fri TXu FAX NO, 817 338 5136 P. 14 Environmental ,-,.Asvd ment Checklist Paoe fv(T�ctName and Identification No. Oak Lane Addition/Water Line. 26th Year CDBG 27 7A-13 ---- JAN-19-00 WED O1:48 PM TCCD ��,r A FAX NO, 817 338 9136 P. I5 Environmental ...-,As 'lent Checklist (conti� age 2) Project Name and Identification Ne. Oak Lane Addition Water Line. 7 F t h Year CIBG 1 2 3 4 5 6 7 `�.t'� A7j Source or Documentation (Note date of contact or page oc o`es oo�c�b reference) Additional Impact Categories g q Q �' �' material rnav be attached. Air Quality Ambient y on Project and on to Com- Li X llution Levels Environmealal Design and l(istoric Valucs Visual Quality — Coberence, Diversity, Compatible Use, and X icalc lii,to tural, _LL and Arc cological Resources X Socioeconomic Demographic I Character Changes X Displacement X Employment aik Income Patterns X Community Facilities and Services Educational Facilities X t;ontmerical Facilities X t t;Tlllt Care X Social services � X 2R L 7A-14 - -- Jtiti'1-V'UU WCU U1.410 1'11 1"U mix NU, di r J3d y 13b Environmental As dent Cheddist (con I+at: 3) Project NameandIdentilicationNo. Oak Lane Addition/plater Line, 26th Year CDBG 1 2 3 4 S of 6 7 . o0 O .%dj 4P Source or Aocumvntation (Note date of contact or pave 8V .o�a reference) Additional Impact Cate ol'ies - ' material may be attached. Cominuuity Facilities and Services (Continued) Solid Waste X Waste Water X Storm Water X wat ly x Vuhlie Safety Police X Fire X Currently no fire protecti F.mcgency Medical X Open Open Space Space and Recreation X ccrcauon X Cultural Facilities X fransportation Ll 3- 1 7A-15 �n Jr i-o-w wtv Jt -4y m tkit; 11 17HA NU, dt t 'JO dI.,O EnvironmeIltal �.� As-Rinent Checklist (cot pace 4) Project Name and Identification No. Oak Lane Acid ti on/Water Line, 26th Year CDBG 9 2 3 4 5 6 7 0 �11P v�P c �� Source or Doeumental,on `��` (Note date of contact or ��� `��� So' page reference) V a Additional material may be Im act Cate ories attache I Natural Features Water Resources X Surface Water X Flood lairs X Wetlands X Coastal 'Lone X Unique Natural features and A4ricultural Lands X Vegetation an Wildlife X 30 7A-16 dhn-ta-uu wtu U1.'4d rrl iuuV rHx NU. bit JJb yIJb Y. ld Environmental Assessment Checklist (continued, page S) Summary of Findings and Conclusions: The project following completion, will provide adequate fire Protection to residents along Oak Lane. Summary of Environmental Conditions: This project is found not to impact existing environmenta4 conditions. Yrojcct Modifications and Alternatives Considered: No alternatives exist for this project. 7A-17 Jrd7—:S"UV "Cl1 UI --10 r L I k/Vu '.(', rnh nu. o i i .3oo uijo r. to environmental Assessment Checklist (continued, page 6) Additional Studies Performed (Attach Study or Summary) N/A Mitigation Measures Needed: 1 A A 7A-18 .. _ mi-iu-uu wcu ul-uu rlt 1"V '..4 rhn AU. 0Lt JJd 7100 r. du W Environmental Assessment Checklist (continued, page 7) I. Is this project in compliance with applicable laws and regulations? W Yes Ct No 2. Is an EIS required? 0 Yes Q No 3. A Finding of No Significant Impact (FONSO can be made. Project will not significantly affect the quality of the human environment. J7 Yes 13 No Prgpared by Shawn PnP- P F - CitY of S)uthlake 1721 E. South lake Blvd. Southlake, TX /6092 Date 'title Senior Civil Ennineer- 7A-19— {•lsvx.o t NATIONAL FLOOD INSURANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP TARRANT COUNTY, TEXAS AND INCORPORATED AREAS PANEL 185 OF 595 (SEE MAP INDEX FOR PANELS NOT PRINTED - CONTAINS COMMUNITY NUMBER PANEL SUFFIX KELLER.CITN 0= 480802 0185 H SOUTHLAKE. CITY OF 380812 0185 H U RRA IT COU&-'v Uh;.•:C.^.PoTRAT_n 1RE-S C%:5 w MAP NUMBER 48439CO185 H MAP REVISED: AUGUST 2,1995 Federal Emergency Management Agency • � ZONE X FOOD ( ZONE 'X <. 1 e u _�. IDOVE ROAD ZONE'X.'�.,.� LIMIT CF DETAILED STUDY Ll Ih0 �1 ZONE X CITY OF WESTLAKE ZONE X LIM17 CF FLOCDWAY TARRANT C VNINCORPORAT. Kirkwood s 41MSr Branch ZONE X / 593 Q Z / c594 — ZONE AE' o D O 60 r Ir ZONE X r h Sg8 z a�0 DOVE STREET q N CITY OF WESTLAKE CITY OF SOUTHLAKE� 601 A 6p2 rn A W \ ... i p z ZONE AE l r:oCKIA33,RD ;T= ! r"'�Q SHADOW 0 ZONE X ZONE X LIMIT OF �a`O PHEASANT DETAILED STUDY Higgins Branch u U.,SUBJECT PLANTATIOtj B Q.- PROJECT ,. 612 N LOCATION ZONE AE 6141.1 `�' 616 a ZON O) O Z r C —RM9 ZONE X U U ` Z SLEEPY HOLLOW POST OAK cc c o E TRAIL RANOOL Lu O �� ' ZONE X LIMIT OF PRESS CREEK - DETAILED STUDY CIRCLE FOREST LIMIT OF CITY OF KELLER DETAILED STUDY . ZONE 480602 ZONE X X W J w Z Y n HIDDEN O L ; g M GLEN L J Lf KEVIEW Z a 14 O U. N KINGSWOOD r' WOOOBROOK t t U r CROSSTIMBER LIMIT OF STUDY ` 4' 7A-21 City of Southlake (am., Community Development Block Grant (CDBG) Qe L NOTICE OF PUBLIC HEARING NOTICE is hereby given to all interested persons that the City Council of the City of Southlake, Tarrant County, Texas will hold a public hearing on February- 1, 2000 at 7:00 P.M. in the City Council Chambers of City Hall, 667 North Carroll Avenue, Southlake, Texas. The purpose of the meeting is to provide an open forum to receive citizen views, questions, and concerns regarding the 26t' Program Year of the Tarrant County Community Development Block Grant Program. All interested parties are urged to attend. Improvements planned for this grant application include water improvements within the Oak Lane Addition in the western portion of the City. For further information, contact Shawn Poe in the City of Southlake's Engineering Department at the address above or by telephone at (817) 481- 5581, extension 846. 7A - 22 d City of Southlake, Texas MEMORANDUM January 28, 2000 TO: Billy Campbell, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Ordinance No. 657-A, Amending Ordinance No. 657 imposing impact fees for water, wastewater, and roadway improvements Action Requested: Approval of Ordinance No. 657-A, Amending Ordinance No. 657 imposing impact fees for water, wastewater and roadway improvements on first reading, and after holding a public hearing as required by law. Background Information: For almost one year, a team of staff, consultants and the Capital Improvements Advisory Committee (comprised of the Planning & Zoning Commission) have worked to update the water, wastewater and roadway impact fee study that was adopted in 1996. The update, that was prepared in accordance with the requirements of Chapter 395 of the Local Government Code, provided an opportunity for examining every component of the study. The Capital Improvements Advisory Committee (CIAC) thoroughly examined each component of the study in detail, providing input and advice regarding the land use assumption report and proposed capital improvements program. Additionally, the CIAC studied the methodology used by the consulting team and provided important feedback to ensure that conditions specific to Southlake were fully considered as part of the study. The CIAC has prepared written comments on the study as required by law. On Monday, January 24, 2000, a workshop was held with City Council to discuss the study and its components. Staff and consultants were on hand to answer questions and provide an overview of the study components, as well as the calculated fees. To complete the process, Council will need to approve amendments to the text of the ordinance, adopt the water, wastewater, and roadway capital improvements programs and land use assumptions included as exhibits with the ordinance, and adopt the maximum allowable fee and collection fee schedules (also included as exhibits to the ordinance). Following Council's approval of the ordinance on second reading on February 15, 2000, adjusted fees will be assessed at the time of final platting for new development. Billy Campbell, City Manager January 28, 2000 Page 2 Q, Financial Considerations: The City of Southlake has collected water and wastewater impact fees since 1990 and roadway impact fees since 1996. A report, detailing collections and expenditures of these funds to date, was provided to the CIAC for review as required by Chapter 395. The CIAC has provided their review of the accounting reports as part of their comments, which have been provided to the City Council. Citizen Input/ Board Review: As previously mentioned, the CIAC has been involved in an extensive review of the study components. Minutes of their meetings were provided to the City Council for the January 24, 2000 workshop. Legal Review: The city attorneys have reviewed the ordinance under consideration. Alternatives: The City Council will be asked to approve the maximum allowable impact fee, as well as the collected fee as part of the ordinance under consideration. The following alternatives may be considered when doing so: 1) The maximum fee approved by Council as part of the ordinance may not exceed the maximum fee published as part of the notice for the public hearing. 2) The Council may set the collection fee at whatever level it deems appropriate, provided that it is less than the maximum fee. Note that our consultants have strongly recommended that the Council consider adopting a collection fee that is less than or equal to the equilibrium fee calculated by our fiscal consultant. Staff, in conjunction with the consultants, has prepared a recommendation for consideration by the City Council for the adoption of the collection fee, as shown on Exhibit E-2. Supporting Documents: "Impact Fee Collection level Recommendation," Memo from L. McLain Ordinance No. 657-A, including all exhibits Staff Recommendation: Staff recommends Council approval of Ordinance No. 657-A Lewis F. McLain, Jr. Fiscal Planning Consultant 2515 Nature Bend - Carrollton, Texas 75006 972-418-6536 / 972-418-1830 Fax / lfm@citybase.net Memorandum To: Shana Yelverton Subject: Impact Fee Collection Level Recommendation Date: January 28, 2000 I have given a considerable amount of thought to the appropriate level of impact fees to be established for collection purposes. The update has produced the following outcomes: • The maximum water impact fee has risen from $1,798.32 to $3,609.00 (100% increase) per 1" residential meter. • The maximum sewer impact fee has risen from $1,265.68 to $2,249.00 (78% increase) per residential account. • The average roadway impact fee has risen from $649.25 to $1,669.88 (157% increase) per vehicle -mile (V-M). However, some of the individual roadway service areas (SA) have increased more dramatically: o SA 1 - from $508 to $898 or 77% o SA 2 - from $795 to $1,045 or 31% o SA 3 - from $760 to $2,641 or 248% o SA 4 - from $551 to $1,181 or 114% o SA 5 - from $643 to $1,442 or 124% o SA 6 - from $618 to $1,075 or 174% o SA 7 - from $722 to $1,520 or 111% o SA 8 - from $597 to $3,557 or 496% Note that the engineering equivalency table that has been established results in a value of 3.03 V-M per residential lot. Therefore, the fees per V-M shown above should be multiplied by 3.03 to determine the roadway impact fee for a residential lot in Southlake. The legally maximum impact fee (water, sewer and roadway) that could be charged to a single family residential home is $16,636 compared to the current level of $3,550. Related to roadway impact fees, the following observations should be considered: -3 • It is possible that the wide variation between the calculated roadway service areas could present a problem if the actual fees adopted for collection purposes has a similar variation. The cost differences have been documented and represent the cost te/ationsl7 os that might be fairly recovered at a constant reduction rate applied to all service areas. This issue was discussed with the Capital Improvements Advisory Committee (CIAC), but there may be other perspectives to consider. • The City decided to charge the same impact fee to all service areas in the 1996 roadway impact fee study, thereby establishing a precedent with which to contend. • There is likely to be a perception that great variations in fees charged across the service areas are, in fact, inequitable. The reason for the service area segregation is a geographical limitation established by law rather than by sound planning logic. • The City does not separate the sewer system into service areas, although there could be some logic applied for these projects that mainly divide into two drainage basins. These points outlined have influenced me to rethink the roadway service area collection fee issue. It is my recommendation that the City continue its current practice of charging the same fee to each roadway service area. The next question, regarding the recommended fee to be collected, can now be addressed. Recommendation It is my recommendation that the City establish a collection fee that: • Recovers 50% of the maximum water and sewer impact fee, which is a 24.65% increase over the current collection fee level. • Limits the roadway impact fee increase to the same percentage increase from the current collection level as is applied to the water and sewer fees - 24.65%. • Retains the current methodology of recovering the same fee level uniformly across the eight roadway service areas. • These changes will result in combined fees of $4,425 or an increase of $875 from the current level of $3,550 per single-family residential lot. The changes in the commercial development could be higher or lower, depending on the type of usage and the revised equivalency tables. Additional Rationale There are other factors that I would highlight as having an influence on my recommendation, most of which have been included in one of my reports or presentations: • There does need to be a reduction from the maximum impact fee to establish a collection fee that recognizes the other sources of payments that new growth pays for itself through utility and tax bills. An impact fee payer today (through the builder) is a utility and tax payer within a few months. Utility and tax rates include a component for infrastructure financing. If a new citizen paid 100% of the maximum impact fee, which fully compensated the City for the capital costs, then there would have to be two levels of utility and tax bills, an administrative and political nightmare. The appropriate and fair way to recognize this second method of payment is to reduce the impact fee collection level to 60 to 75% in most cases. There was legislation passed by both the Texas House of Representatives and Senate that would have required a reduction of the maximum impact fee by a minimum of 50% to recognize the potential for charging new growth twice. The bill was vetoed by the Governor in favor of additional study. My recommended 50% recovery level discussed in this letter is influenced partially by the knowledge of the actions of the state legislature but more so is influenced by the potential revenue that would be produced and the limitations beyond which create certain developer community resistance. The City has already built most of the water and sewer system structure, some major components designed to handle ultimate new growth. The importance of sustained growth can be dramatized by the examination of the potential for a lessening of impact fees and the resulting base to carry the burden. In other words, much of the infrastructure is in place to handle future growth, but it is a certainty that the existing utility and tax payers will have to pay for the capacity provided for new growth whether that new growth comes or not. Therefore, I am sensitive to the negative factors that would influence future development -- not for the sake of developers and builders as much as for the benefit of the existing rate and tax payers. City of Southlake, Texas MEMORANDUM January 28, 2000 TO: Billy Campbell, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Ordinance No. 657-A, Amending Ordinance No. 657 imposing impact fees for water, wastewater, and roadway improvements Action Requested: Approval of Ordinance No. 657-A, Amending Ordinance No. 657 imposing impact fees for water, wastewater and roadway improvements on first reading, and after holding a public hearing as required by law. Background Information: For almost one year, a team of staff, consultants and the Capital Improvements Advisory Committee (comprised of the Planning & Zoning Commission) have worked to update the water, wastewater and roadway impact fee study that was adopted in 1996. The update, that was prepared in accordance with the requirements of Chapter 395 of the Local Government Code, provided an opportunity for examining every component of the study. The Capital Improvements Advisory Committee (CIAC) thoroughly examined each component of the study in detail, providing input and advice regarding the land use assumption report and proposed capital improvements program. Additionally, the CIAC studied the methodology used by the consulting team and provided important feedback to ensure that conditions specific to Southlake were fully considered as part of the study. The CIAC has prepared written comments on the study as required by law. On Monday, January 24, 2000, a workshop was held with City Council to discuss the study and its components. Staff and consultants were on hand to answer questions and provide an overview of the study components, as well as the calculated fees. To complete the process, Council will need to approve amendments to the text of the ordinance, adopt the water, wastewater, and roadway capital improvements programs and land use assumptions included as exhibits with the ordinance, and adopt the maximum allowable fee and collection fee schedules (also included as exhibits to the ordinance). Following Council's approval of the ordinance on second reading on February 15, 2000, adjusted fees will be assessed at the time of final platting for new development. Billy Campbell, City Manager January 28, 2000 Page 2 Financial Considerations: Citizen Input/ Board Review: Legal Review: The City of Southlake has collected water and wastewater impact fees since 1990 and roadway impact fees since 1996. A report, detailing collections and expenditures of these funds to date, was provided to the CIAC for review as required by Chapter 395. The CIAC has provided their review of the accounting reports as part of their comments, which have been provided to the City Council. As previously mentioned, the CIAC has been involved in an extensive review of the study components. Minutes of their meetings were provided to the City Council for the January 24, 2000 workshop. The city attorneys have reviewed the ordinance under consideration. Alternatives: The City Council will be asked to approve the maximum allowable impact fee, as well as the collected fee as part of the ordinance under consideration. The following alternatives may be considered when doing so: 1) The maximum fee approved by Council as part of the ordinance may not exceed the maximum fee published as part of the notice for the public hearing. 2) The Council may set the collection fee at whatever level it deems appropriate, provided that it is less than the maximum fee. Note that our consultants have strongly recommended that the Council consider adopting a collection fee that is less than or equal to the equilibrium fee calculated by our fiscal consultant. Staff, in conjunction with the consultants, has prepared a recommendation for consideration by the City Council for the adoption of the collection fee, as shown on Exhibit E-2. Supporting Documents: "Impact Fee Collection level Recommendation," Memo from L. McLain Ordinance No. 657-A, including all exhibits Staff Recommendation: Staff recommends Council approval of Ordinance No. 657-A TJ"2' Lewis F. McLain, Jr. Fiscal Planning Consultant 2515 Nature Bend - Carrollton, Texas 75006 972-418-6536 / 972-418-1830 Fax / lfm@citybase.net Memorandum To: Shana Yelverton Subject: Impact Fee Collection Level Recommendation Date: January 28, 2000 I have given a considerable amount of thought to the appropriate level of impact fees to be established for collection purposes. The update has produced the following outcomes: • The maximum water impact fee has risen from $1,798.32 to $3,609.00 (100% increase) per 1" residential meter. • The maximum sewer impact fee has risen from $1,265.68 to $2,249.00 (78% increase) per residential account. • The average roadway impact fee has risen from $649.25 to $1,669.88 (157% increase) per vehicle -mile (V-M). However, some of the individual roadway service areas (SA) have increased more dramatically: o SA 1 - from $508 to $898 or 77% o SA 2 - from $795 to $1,045 or 31% o SA 3 - from $760 to $2,641 or 248% o SA 4 - from $551 to $1,181 or 114% o SA 5 - from $643 to $1,442 or 124% o SA 6 - from $618 to $1,075 or 174% o SA 7 - from $722 to $1,520 or 111% o SA 8 - from $597 to $3,557 or 496% Note that the engineering equivalency table that has been established results in a value of 3.03 V-M per residential lot. Therefore, the fees per V-M shown above should be multiplied by 3.03 to determine the roadway impact fee for a residential lot in Southlake. The legally maximum impact fee (water, sewer and roadway) that could be charged to a single family residential home is $16,636 compared to the current level of $3,550. Related to roadway impact fees, the following observations should be considered: -3 • It is possible that the wide variation between the calculated roadway service areas could present a problem if the actual fees adopted for collection purposes has a similar variation. The cost differences have been documented and represent the cost relationships that might be fairly recovered at a constant reduction rate applied to all service areas. This issue was discussed with the Capital Improvements Advisory Committee (CIAC), but there may be other perspectives to consider. • The City decided to charge the same impact fee to all service areas in the 1996 roadway impact fee study, thereby establishing a precedent with which to contend. • There is likely to be a perception that great variations in fees charged across the service areas are, in fact, inequitable. The reason for the service area segregation is a geographical limitation established by law rather than by sound planning logic. • The City does not separate the sewer system into service areas, although there could be some logic applied for these projects that mainly divide into two drainage basins. These points outlined have influenced me to rethink the roadway service area collection fee issue. It is my recommendation that the City continue its current practice of charging the same fee to each roadway service area. The next question, regarding the recommended fee to be collected, can now be addressed. Recommendation It is my recommendation that the City establish a collection fee that: • Recovers 50% of the maximum water and sewer impact fee, which is a 24.65% increase over the current collection fee level. • Limits the roadway impact fee increase to the same percentage increase from the current collection level as is applied to the water and sewer fees - 24.65%. • Retains the current methodology of recovering the same fee level uniformly across the eight roadway service areas. • These changes will result in combined fees of $4,425 or an increase of $875 from the current level of $3,550 per single-family residential lot. The changes in the commercial development could be higher or lower, depending on the type of usage and the revised equivalency tables. 2 Additional Rationale There are other factors that I would highlight as having an influence on my recommendation, most of which have been included in one of my reports or presentations: There does need to be a reduction from the maximum impact fee to establish a collection fee that recognizes the other sources of payments that new growth pays for itself through utility and tax bills. An impact fee payer today (through the builder) is a utility and tax payer within a few months. Utility and tax rates include a component for infrastructure financing. If a new citizen paid 100% of the maximum impact fee, which fully compensated the City for the capital costs, then there would have to be two levels of utility and tax bills, an administrative and political nightmare. The appropriate and fair way to recognize this second method of payment is to reduce the impact fee collection level to 60 to 75% in most cases. There was legislation passed by both the Texas House of Representatives and Senate that would have required a reduction of the maximum impact fee by a minimum of 50% to recognize the potential for charging new growth twice. The bill was vetoed by the Governor in favor of additional study. My recommended 50% recovery level discussed in this letter is influenced partially by the knowledge of the actions of the state legislature but more so is influenced by the potential revenue that would be produced and the limitations beyond which create certain developer community resistance. • The City has already built most of the water and sewer system structure, some major components designed to handle ultimate new growth. The importance of sustained growth can be dramatized by the examination of the potential for a lessening of impact fees and the resulting base to carry the burden. In other words, much of the infrastructure is in place to handle future growth, but it is a certainty that the existing utility and tax payers will have to pay for the capacity provided for new growth whether that new growth comes or not. Therefore, I am sensitive to the negative factors that would influence future development -- not for the sake of developers and builders as much as for the benefit of the existing rate and tax payers. TAYLOR, OLSON, ADKINS, SRALLA & ELAM, L.L.P. ATTORNEYS AT LAW 0 THROCKMORTON STREET TELEPHONE (817) 332-2580 400 BANK ONE TOWER FAX (817) 332-4740 FORT WORTH, TEXAS 76102-3821 WAYNE K. OLSON January 28, 2000 VIA E-MAIL Shana Yelverton Assistant City Manager City of Southlake 1725 E. Southlake Blvd. Southlake, Texas 76092 Re: Impact Fee Ordinance No. 657-A Dear Shana: In accordance with our discussion yesterday, please find attached a redlined version of the proposed revisions to the impact fee ordinance. The changes I have made have been to remove inconsistencies from the ordinance and to hopefully make it easier to read. A number of the formatting and language changes were made based upon perceived inconsistencies between the use of the terms "service unit" and "living unit equivalents." Based upon the exhibits which you e-mailed to me, I believe I have accurately reflected the format under which this ordinance is to be adopted. However, I would request that you and your consultants who have worked more closely with the development of these updated impact fees review the revisions to assure that they accurately reflect the intended assessment and collection process. I will be glad to receive any comment by phone or e-mail. This draft also incorporates the comments that you faxed to me on Wednesday. However, in response to some of your comments, I am not aware of the following forms or documents having been prepared or reviewed: 1. a restrictive covenant form for fire demand meters; 2. guidelines established by the city for credits; 3. forms prepared by the city for applying for credits; or 4. procedural rules for the advisory committee to follow in carrying out its duties. I hope I have made this simpler and not more complicated. Please call me if you wish to discuss any details of the ordinance. Very truly yours, Wayne K. Olson WKO/kb 78-6 ORDINANCE NO.6574, AN ORDINANCE RELATING TO THE REGULATION OF THE USE AND DEVELOPMENT OF LAND IN THE INCORPORATED LIMITS OF E SOUTHLAKE, TEXAS; IMPOSING AN IMPACT FEE ON "LAND DEVELOPMENT IN SOUTHLAKE FOR PROVIDING WATER AND WASTEWATER FACILITIES NECESSITATED BY SUCH NEW DEVELOPMENT; PROVIDING ROADWAY IMPROVEMENTS TO SUPPORT NEW DEVELOPMENT; STATING THE AUTHORITY FOR ADOPTION OF THE ORDINANCE; PROVIDING DEFINITIONS; PROVIDING FINDINGS AND DECLARATIONS OF THE CITY COUNCIL; PROVIDING FOR THE ASSESSMENT, PAYMENT AND TIME OF PAYMENT OF A WATER AND WASTEWATER FACILITIES IMPACT FEE; PROVIDING FOR THE ASSESSMENT, PAYMENT AND TIME OF PAYMENT OF A ROADWAY IMPACT FEE; PROVIDING FOR REVIEW OF WATER AND WASTEWATER FACILITIES IMPACT FEES AND THE FEE SCHEDULES; PROVIDING FOR THE PLACEMENT OF REVENUE COLLECTED FROM WATER AND WASTEWATER FACILITIES IMPACT FEES AND ROADWAY IMPACT FEES INTO WATER AND WASTEWATER FACILITIES IMPACT FEE ACCOUNTS AND ROADWAY IMPACT FEE ACCOUNTS ESTABLISHED FOR THAT PURPOSE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR REFUND OF UNEXPENDED FUNDS; PROVIDING FOR USE OF FUNDS DERIVED FROM WATER AND WASTEWATER FACILITIES IMPACT FEES AND PROIWDING 1AIPACT FEES; PROVIDING THAT WATER AND WASTEWATER. IMPACT FEES AAID PROAqDING 1AWACT F MAY BE PLEDGED TOWARD PAYMENT OF BOND ISSUES AND SIMILAR DEBT INSTRUMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; , PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is responsible for and committed to the provision of public facilities and services at levels necessary to cure any existing public service deficiencies in already developed areas; and WHEREAS, such facilities and service levels shall be provided by the City utilizing Impact.96A.doc (01/28/00) Page 1 Ic ?8 7 funds allocated in the capital budget and capital improvements p processes and relying upon the funding sources indicated therein; and WHEREAS, new residential and nonresidential development causes and imposes increased demands upon City public facilities and services, including water and wastewater facilities, and roadways, that would not otherwise occur; and WHEREAS, planning and zoning projections indicate that such development will continue and will place ever-increasing demands on the City to provide necessary public facilities; and WHEREAS, the development potential and property values of properties is strongly influenced and encouraged by City policy as expressed in the Comprehensive Land Use Plan and as implemented via the City zoning ordinance and map; and WHEREAS, to the extent that such new development places demands upon the public facility infrastructure, those demands should be satisfied by shifting the responsibility for financing the provision of such facilities from the public at large to the developments actually creating the demands for them; and WHEREAS, the amount of the impact fee to be imposed shall be determined by the cost of the additional public facilities needed to su ort such development, which public facilities shall be identified in a capital improvements _ ll' pr-egr--a, and WHEREAS, the City Council, after careful consideration of the matter, hereby finds and declares that impact fees imposed upon residential and nonresidential development to finance specified major public facilities in designated service areas, the demand for which is created by such development, are in the best interests of the general welfare of the City and its residents, are equitable, and do not WHEREAS, Impact.96.rd.doc (01/28/00) Page 2 1987 the Texas r egisl twe adopted Seame Bill 336 now eedified as Chapter 395 of the Local Government Code, pr-eviding guidelines and requirements fer- the adeption of impact fees; and WHEREAS, the City Council, finds that in all things the City has complied with said statute in the notice, adoption, promulgation and methodology necessary to adopt d ems' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 SHORT TITLE This Ordinance shall be known and cited as the Water, Wastewater and Roadway Impact Fee Ordinance. SECTION 2 INTENT This Ordinance is intended to impose water, wastewater and roadway impact fees, as established in this Ordinance, in order to finance public facilities, the demand for which is generated by new development in the designated service area or areas. SECTION 3 AUTHORITY The City is authorized to enact this Ordinance by Chapter 395 of the Texas Local Government Code, Impact. 96. rd.doc (01/28/00) Page 3 -9 (W which authorize 0, heme Fula eit es, among „gier-, to enact or impose impact fees on land within dwir-corporate boundaries or extraterritorial jurisdictions, o on land owned by and to persons with whom fliey4iav-e-a water or wastewater service contract, as charges or assessments imposed against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to such new development a d by the SetAhlake City Cha fte The provisions of this Ordinance shall not be construed to limit the power of the City to adopt such Ordinance pursuant to any other source of local authority, nor to utilize any other methods or powers otherwise available for accomplishing the purposes set forth herein, either in substitution of or in conjunction with this Ordinance. Guidelines may be developed by resolution or otherwise to implement and administer thiswuei�. SECTION 4 DEFINITIONS As applied in this Ordinance, the following words and terms shall be used: (1) Assessment - The determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this Ordinance. (2) Building Permit - Written permission issued by the City for the construction, repair, alteration or addition to a structure. (3) Capital Construction Cost of Service - Costs of constructing capital improvements or facility expansions, including and limited to the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney's fees, and expert witness fees), 91ft and the fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the City. (4) Capital Improvements Advisory Committee (Advisory Committee) - Advisory Impact. 96.rd.doc (01/28/00) Page 4 i6-lb committee, appointed by the City Council, consisting of at least five members, not less than 40 percent of which shall be representatives of the real estate, development, or building industries which are not employees of the City, and, if impact fees are to be applied within the extraterritorial jurisdiction of the City, including one member representing the extraterritorial jurisdiction; or consisting of the Planning and Zoning Commission, including one regular or ad hoc member who is not an employee of the City and which is representative of the real estate, development, or building industry, and, if impact fees are to be applied within the extraterritorial jurisdiction of the City, one representative of the extraterritorial 'urisdiction area, which committee is appointed to regularly review and update the in accordance with the requirements of Chapter 395 of theLeeal e;ve en4 Code, a eee?:,ar-s. 5 Capital Improvements Plan (CIP` which Widentifieswater, wastewater, and roadway capital improvements or facility expansions pursuant to which impact fees may be assessed. I6�ecff (6) City - City of Southlake. (7) City Council (Council) - Governing body of the City of Southlake. 8) Commercial Development - For the purposes of this Ordinance, all development which is neither residential nor industrial. (FW) Comprehensive Plan (Master Plan) - The comprehensive long-range plan, adopted by the City Council, which is intended to guide the growth and development of the City which includes analysis, recommendations and proposals for the City regarding such topics as population, economy, housing, transportation, community facilities and land use. (IM44) Credit - The amount of the reduction of a impact fee for fees, payments or charges for the same type of capital improvements for which the fee has been assessed. (4-2) Existing Development - All development within the service area which has a water or wastewater tap on the City's water or wastewater system, or which has access to the City's roadway system as of the date of the adoption of this Ordinance. ) Facility Expansion - The expansion of the capacity of an existing facility which Impact.96.rd.doc (01/28/00) Page 5 7a-tk serves the same function as an otherwise necessary new capital improvement in (W order that the existing facility may serve new development. Facility expansion does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development. ( 4-4) Final Plat - The map, drawing or chart meeting the requirements of the City's Subdivision Ordinance on which is provided a subdivider's plan of a subdivision, and which has received final approval by the Planning and Zoning Commission or City Council and which is recorded with the office of the County Clerk. ) Growth -Related Costs - Capital construction costs of service related to providing additional service units to new development, either from excess capacity in existing facilities, from facility expansions or from new capital facilities. Growth -related costs do not include: (a) Construction, acquisition, or expansion of public facilities or assets other than capital improvements or facility expansions identified in the capital improvements plan; (b) Repair, operation, or maintenance of existing or new capital improvements or facility expansions; (c) Upgrading, updating, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental, or regulatory standards; (d) Upgrading, updating, expanding, or replacing existing capital improvements to provide better service to existing development; (e) Administrative and operating costs of the City; and (f) Principal payments and interest or other finance charges on bonds or other indebtedness, except for such ayments for growth -related facilities contained in the _ ) Impact Fees - Fee to be imposed upon new development, calculated based upon the costs of facilities in proportion to development creating the need for such facilities. Impact fees do not includeBMW g ...,, dedication of rights -of -way or easements, or construction or dedication of site -related water distribution or wastewater collection facilities or internal roadways required by other ordinances of the City Code; or lot or acreage fees placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or wastewater mains Impact.96.rd.doc (01/28/00) Page 6 7 QS-12 or lines; or participation fees charged as part of the Neighborhood Sewer Program. (1) Industrial Development - Development which will be assigned to the industrial customer class of the water or wastewater utilities; generally development in which goods are manufactured, or development which is ancillary to such manufacturing activity. -`�- 4) Land Use Assumptions - Description of the service area and projections of changes in land uses, densities, intensities, and population therein over at least a 10-year period, adopted by the City, as may be amended from time to time, upon which the capital improvement plans are based. (1 41) Living Unit Equivalent (LUE) - Basis for establishing equivalency among and within various customer classes and land uses. For water and wastewater uses, an LUE is based upon the relationship of the continuous daily maximum flow rate in gallons per minute for a water meter of a given size and type compared to the continuous daily maximum flow rate in gallons per minute for a 1 " diameter simple water meter, using American Water Works Association C700-C703 standards. The table of equivalencies for water and wastewater is included in Exhibit D-1. 820) New Development - 111�s'` bdivision f land; or the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land; any of which increases the number of service units for water,wastewater or roadway services `, '§New-develepment-+ l e the urchase of a new water or wastewater tap. New development includes the sale -of I water taps resulting from the conversion of an individual well to the City's water utility and includes the "' sale of # wastewater taps resulting from the conversion of an individual septic or other individual waste disposal system to the City's wastewater utility. ) Offset - The amount of the reduction of an impact fee designed to fairly reflect the value of system -related facilities, pursuant to rules herein established or administrative guidelines, provided and funded by a developer pursuant to the City's subdivision regulations or requirements. ) C-i-Public Works Directo- Public Works Director of the City of Southlak Impact. 96.rd.doc (01/28/00) Page 7 76`6 (22) Residential Development - A lot developed for use and occupancy as a residence or residences, according to the City's zoning ordinance. (23) Roadway Facility - Improvement for providing roadway service including, but not limited to, pavement, right-of-way, drainage and traffic control devices. Roadway facility excludes roadways which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities. Roadway facilities also exclude dedication of rights -of -way or easements or construction or dedication of off -site roadways required by valid ordinances of the City of Southlake and necessitated and attributable to the new development. (24) Roadway Facility Expansion - Expansion of the capacity of any existing roadway improvement for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of the existing roadway facility to serve existing development. (25) RoadwaIMprovements Plan - Portion of the CIP, as may be amended from time to time, which identifies the roadway facilities or roadway expansions and their associated costs which are necessitated by and which are attributable to new development, and which are to be financed in whole or in part through the imposition of roadway impact fees pursuant to this Ordinance. (26) (27) improvements or facility expansions specified in the applicable to the service area. Service Unit - Standardized measure of consumption, use, generation, or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a (28) Site -related Facility - Improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of water or wastewater facilities to serve the new development, and which is not included in the capital improvements plan, and for which the developer or property owner is solely responsible under subdivision and other applicable regulations. Impact.96.rd.doc (01/28/00) Page 8 14 ?g-Iy (29) System -related Facility - A capital improvement or facility expansion which is designated in the Capital Improvements Plan and which is not a site -related facility. A system -related facility may include a capital improvement which is located offsite, within or on the perimeter of the development site. (30) Tap Purchase - The filing with the City of a written application for a water or wastewater tap and the acceptance of applicable fees by the City. The term "tap purchase" shall not be applicable to a meter purchased for and exclusively dedicated to fire protection. (31) Wastewater Facility - Improvement for providing wastewater service, including, but not limited to, land er- , treatment facilities, lift stations, or interceptor mains . Wastewater facility excludes wastewater lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Wastewater facilities also exclude dedication of rights -of -way or easements or construction or dedication of on -site wastewater collection facilities required by valid ordinances of the City and necessitated by and attributable to the new development. (32) Wastewater Facility Expansion - Expansion of the capacity of any existing wastewater for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing wastewater facility to serve existing development. 33 Wastewater Improvements Plan - Portion of the as may be amended from time to time, which identifies the wastewater facilities or wastewater expansions and their associated costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of wastewater impact fees pursuant to this Ordinance. (34) Water Facility - Improvement for providing water service, including, but not limited to, land or- , water supply facilities, treatment facilities, pumping facilities, storage facilities, or transmission mains k Water facility excludes water lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Water facilities also exclude dedication of rights -of -way or easements or construction or dedication of on -site water distribution facilities required by valid ordinances of the City and necessitated by and attributable to the new development. Impact.96A.doc (01/28/00) Page 9 7&' t 5 E (35) Water Facility Expansion - Expansion of the capacity of any existing water for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing water facility to serve existing development. (36) Water Improvements Plan - Portion of the '� �?, as may be amended from time to time, which identifies the water facilities or water expansions and their associated costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of water impact fees pursuant to this Ordinance. (37) Vehicle Mile -A unit used to express both supply and demand provided by, and placed on, the roadway system. A combination of a number of vehicles travelling during a given time period and the distance in which these vehicles travel in miles. SECTION 5 APPLICABILITY OF IMPACT FEES A. This Ordinance shall be uniformly applicable to new development which occurs within the corporate limits of the cit and its extraterritorial jurisdictiorZ��..' U.,71 B. No new development shall be exempt from the assessment of impact fees as defined in this Ordinance. SECTION 6 IMPACT FEES AS CONDITIONS OF DEVELOPMENT APPROVAL No application for new development shall be approved within the City without assessment of impact fees pursuant to this Ordinance, and no water and wastewater tap shall be issued and no building permit shall be issued unless the applicant has paid the applicable impact fees imposed by and calculated hereunder. SECTION 7 ESTABLISHMENT OF WATER AND WASTEWATER SERVICE AREAS AND ROADWAY SERVICE AREAS Impact.96A.doc (01/28/00) Page 10 A. ! T>, .K4Vl and wastewater stablished a as shownon t Water and Wastewater Service Area 1-1 : Exhibit A-1 for this Ordinance. Tl,o .,a., .. r-ea .~ eas are established as 1, on the Roadway Service Area Y'' Exhibit A 2 this Ordinance. The service areas shall be established consistent with an facility service area defined in the CIP (Exhibit for each utility or facility. Additions � t� to the service .,�OF areal may be desig>iated-by the City Council consistent with the procedure set forth in Chapter 395 of the r .~...,1 ,». Geyet Code a its a, V vaa. SECTION 8 LAND USE ASSUMPTIONS psaa, r Land assestens-used in the development of the impact fees - are .,tamed r Exhibit B I of -this Ordinancium These assumptions may be revised by the City Council according to the procedure set forth in Chapter 395 efthe LV ee GeyVl, ent Code a its SECTION - WATER °' '` DMPROVEMENT PLAN A. The Water hereby adopted as Exhibit by ee herein. B . The Water Imem • Plan may be amended from time to time, pursuant to the procedures set forth in Chapter 395 of the Leeal SECTION Impact. 96.rd.doc (01/28/00) Page 11 ' ' 7 l3-17 ROADWAY IMPROVEMENT PLAN A. The the City is hereby adep. a as Exhibit C-2 � �a a e t �a H..-�-. � ,.�i �h .,_...rE_ °.� � syc��•ii•.wua 14 amended by the City Council from time to time; pursuant to the procedures set forth in Chapter 395 of the Leeal Ge e + Cede a its SECTION 6-9 SERVICE UNITS & Service units for water and wastewater fees shall be calculated based on living • nks o,,,•;<.,,'e.,+ as determined by the size of the water meter(s) for the development, or alternatively, as approved by City Council; based on the recommendation of V the Director as a result of an engineering report prepared by a qualified professional engineer licensed to perform such professional engineering services in the State of Texas, which demonstrates that the number of LUE's of service for the new development will be different than those indicated by the size of the water meter. Impact.96A.doc (01/28/00) Page 12 7n-18 C. If the Director determines that the water pressure in the City's transmission main is significantly higher or lower than standard, ressure such that the size of the water meter is not indicative of actual service demand, the Director may adjust the number of LUE's based on a smaller or larger sized meter which more accurately reflects the flow rate and the system pressure conditions. D. If a fire demand meter (tap) is purchased for a property, the meter size utilized to calculate the number of LUE's shall be the dimension of the portion of the fire demand meter which reflects the meter size which would provide only domestic service to the property.i Said -reduced meter size shall then be utilized to calculate the number of LUE's. The meter types used to calculate the number of LUE's shall be either simple, compound or turbine meters. 2. To avoid the use of fire flow volumes for domestic usage, the owner of any property for which a fire demand meter is purchased shall be required to execute a restrictive covenant on a form approved by the City Attorney, which eevenant shall acknowledge the right of the City to assess such fees to subsequent owners of the property. Said -covenant shall be executed prior to the purchase of the fire demand meter and shall be filed in the deed records of the County. E. Upon wastewater Mtahase for lots for which no water meter has been purchased, service units shall bebased on a 1" water meter unless other data is submitted by a professional engineer licensed in the State of Texas, M and shall be reviewed and approved by the EM Director. Impact.96.rd.doc (01/28/00) Page 13 ?13—►g SECTION 13 ROADWAY SERVICE UNITS z4-single family residential household will generate ;y `'vehicle miles of demand. Other developments will generate demand based upon size and tvve of development. The -as demand factors will be f u in the Table of pivvvuuxv ovc x SECTION . _ 14 IMPACT FEES PER SERVICE UNIT Ordinance. Impact. 96. rd.doc (01/28/00) Page 14 B. Maximum assessable fees in Exhibit E-1 may be amended by the City Council according to the procedureP set forth in Chapter 395 of the T eeal Govenunent Coax an C. Gellee+ea fees sM, be set k, h in Exhibit E-2 to this Ordinance, and shall not exceed the maximum fees else -set forth in Exhibit E-1. Current collected %tnpt fees may be amended by they do not exceed the maximum assessable ASSESSMENT OF IMPACT FEES A. The approval of any subdivision of land or of any new development shall include as a condition the assessment of the impact feel applicable to such development. B. Assessment of impact feel for an new development shall. be made as follows: 1. For a development which is pursuant to the City's subdivision regulations following the effective date of this Ordinance, assessment shall be at the time of final plat approval, and shall be the value of the impact fee per service unit then in effect, as provided in Exhibit E-1 as set feAh in Seetion I QW. The City may provide the subdivider with a copy of Exhibit E-1 prior to final plat approval, but such shall not constitute assessment within the meaning of this Ordinance. 2. For a development which has received final plat approval prior to the effective date of Ordinance &A -and for which no replatting is necessary prior to water tap purchase, , an4-shall be the value of the water and wastewater or roadway impact feel per service unit Impact.96.rd.doc (01/28/00) Page 15 76-a 1 0 3. Because fire protection is of critical concern to the community as a whole, water demand related solely to fire protection is not subject to eelleetieii an impact fee. However, if the fire protection capacity of the fire demand meter is routinely utilized for 4110N-M`���� aeniestie-purposes as evidenced by the registration of VMj1 C. Following assessment of the impact fee pursuant to , no additional impact fees or increases thereof shall be assessed against that development unless; the number of service units increases, as set forth I Section new assessment must be performed at the time a new final plat approved. SECTION CALCULATION OF IMPACT FEES A. Following die -request for new development for such development is O anee, the City shall compute impact fees due for the new development in the following Impact.96.rd.doc (01/28/00) Page 16 75'2-2- manner: 1. Water and Wastewater Fees a. The number of LUE's shall be determined by the size of the water meter(s) or of Council heensed i the State „r Texas, as Ordinance. development. de a e aeeer-ding to Section of this b. LUE's shall be summed for all meters purchased for the C. The total serviee nits shall be multiplied by the appropriate per -unit fee value deteFmiaed set forth in Exhibit E-2; and d. Fee credits and offsets shall be subtracted as determined by the process set forth in Section 44-of this Ordinance. 2. Roadway Fees P] a. The City has been divided into a series of service areas and for each service area a specific maximum roadway fee has been calculated. The service unit measure is stated in vehicle miles. Each service area has a different maximum impact fee per service unit. b. To calculate the roadway impact fee it is first necessary to identify the service area in which the new development is located. The fee per vehicle mile is then determined from the table attached as Exhibit E-2 to this ordinance. C. The final determination of the impact fee to be charged each new development is calculated by identifying the total number of development units located within a development and multiplying that number by the service units (as identified on the table) times Impact. 96.rd.doc (01/28/00) Page 17 7643 the impact fee per service unit. d. Fee credits and offsets shall be subtracted as determined by the process set forth in Section 44-of this ordinance. 3. The value of each impact fee due for a new development shall not exceed a value computed by multiplying the fee assessed per service unit pursuant to Section 4-0-by the number of service units generated by the development. SECTION COLLECTION OF IMPACT FEES A. No water or wastewater tap, shall be issued until all impact fees including roadway have been paid to the City except as provided otherwise by contract. B. Within one (1) year of the effective date of this Ordinance, impact fees shall be collected at the time of the issuance of the building permit for new development, or if no permit is required, at the time of tap purchase. C. Subsequent to that one year period, impact fees shall be collected as follows: 1. For a development which is submitted for approval pursuant to the City's subdivision regulations subsequent to the effective date of this Ordinance, impact fees shall be collected at the time of building permit. 2. For a development which has received final plat approval prior to the effective date of this Ordinance or for which no replatting is necessary prior to provision of a water or wastewater tap, roadway impact fees shall be collected at the time of tap purchase. D. The City may, at its sole discretion, enter into contracts to establish a different date of fee collection than those provided in this Section. SECTION 14 Impact.96.rd.doc (01/28/00) Page 18 -76-2-4 regulations,effeetive date of this Or-dinanee in aerer-damee with Texas beeal Gevei:fffneat Cede, QFdinanee bU4 shall net eellee the City may assess, defined,any roadway impaet fee as her-ein en . building Y period,efmit is issued within one (1) year- subsequent te the effeetive da4e ef this Or-dinanee. Hewever-, watef! and wastewater- impaet fees in effi� at the time ef final plat appr-eva4 will be eelleeted for- the B. if the building peFmit, whieh is ebtained within the period pr-evided fer-ifi the new develepment sha4l be subjee4 to the paymen4 of an impaet fees, Sn..i7Ge iVnTT. SECTION *45 OFFSETS AND CREDITS AGAINST IMPACT FEES A. The City may offset the present value of any system -related facilities, pursuant to rules established in this section, which have been dedicated to and have been received by the City, including the value of capital improvements constructed pursuant to an agreement with the City, against the value of the impact fee due for that category of capital improvement. B. The City may credit impact, perimeter roadway, pro rata, acreage or lot fees which have been paid pursuant to Ordinance Nos. 493, 494, 330, or other City ordinances prior to the effective date of this Ordinance against the value of impact due for that category of capital improvement, subject to guidelines established by the City. C. All offsets and credits against impact fees shall be subject to the following limitations and shall be granted based on this Ordinance and additional standards promulgated by the City, which may be adopted as administrative guidelines. 1. No offset or credit shall be given for the dedication or construction of site- Impact.96.rd.doc (01/28/00) Page 19 ?g-as related facilities. 2. The unit costs used to calculate the offsets shall not exceed those assumed for the capital improvements included in the Wit plm-for the category of facility within the service area for which the impact fee is imposed. 3. If an offset or credit applicable to a plat has not been exhausted within ten (10) years from the date of plat filing or within such period as may be otherwise designated by contract, such offset or credit shall expire. 4. 7n He eveR4 4M44heAlCity M reimburse the property owner or developer for an offset or credit when no impact fees for the new development can be collected pursuant to this Ordinance or for any value exceeding the total impact fees due for the development for that category of capital improvement, unless otherwise agreed to by the City. D. An applicant for new development must apply for an offset or credit against impact fees due for the development either at or before the time of fee payment, unless the City agrees to a different time. The applicant shall file a petition for offsets or credits with the City on a form provided for such purpose. The contents of the petition shall be established by administrative guidelines. The City must provide the applicant, in writing, with a decision on the offset or credit request, including the reasons for the decision. The decision shall specify the maximum value of the offset or credit which may be applied against an impact fee, which value and the date of the determination shall be associated with the plat for the new development. E. The available offset or credit associated with the plat shall be applied against an impact fee in the following manner: 1. Such offset or credit shall aatedequally among allas calculated in Sectio1, and remain applicable to such to be applied at time of filing and acceptance of an application for a building Impact.96.rd.doc (01/28/00) Page 20 7V - UP permit or tap purchase, as appropriate, against impact fees due. 2. If the total number of -used by the City in the original offset or credit calculation described in (1) is eventually exceeded by the number of total Service units realized by the actual development, the City may, at its sole discretion, collect the 01 full impact fee exclusive of any associated offset or credits for the excess ,c6it-ems. 3. At its sole discretion, the City may authorize alternative credit or offset agreements upon petition by the owner in accordance with guidelines promulgated by the City. SECTION 046 ESTABLISHMENT OF ACCOUNTS AND RECORDS A. The City shall establish separate interest -bearing accounts, in a bank authorized to receive deposits of City funds, for each major category of capital facility for which an impact fee is imposed pursuant to this Ordinance. B. Interest earned by each account shall be credited to that account and shall be used solely for the purposes specified for funds authorized in Section L. C. The City shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in Section 47. Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to carry out the purposes and intent of this Ordinance; provided, however, that any fee paid shall be expended within a reasonable period of time, but not to exceed ten (10) years from the date the fee is deposited into the account. D. The City shall maintain and keep adequate financial records for each such account, which shall show the source and disbursement of all revenues, which shall account for all monies received, and which shall ensure that the disbursement of funds from each account l shall be used solely and exclusively for the provision of uses specified in the al Impact. 96.rd.doc (01/28/00) Page 21 -7j6-a1 Imgovement Pat as system -related capital projects. The City Finance Department shall also maintain such records as are necessary to ensure that refunds are appropriately made under the provision in Section' 49 of this Ordinance, and such other information as may be necessary for the proper implementation of this Ordinance. SECTION *x,, USE OF PROCEEDS OF IMPACT FEE ACCOUNTS A. The impact fees collected pursuant to this Ordinance may be used to finance or to recoup capital construction costs of service. Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the City to finance such capital improvements or facilities expansions. B. Impact fees collected pursuant to this Ordinance shall not be used to pay for any of the following expenses: 1. Construction, acquisition or expansion of capital improvements or assets other than those identified for the appropriate facility in the capital improvements plan; 2. Repair, operation, or maintenance of existing or new capital improvements or facilities expansions; 3. Upgrading, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; 4. Upgrading, expanding or replacing existing capital improvements to provide better service to existing development; provided however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or 5. Administrative and operating costs of the City. SECTION MU Impact.96.rd.doc (01/28/00) Page 22 76r As APPEALS A. Thero�ert owner or applicant for new development may appeal the following decisions to the Director-er his/her- designate 1. The applicability of an impact fee to the development; 2. The value of the impact fee due; 3. The availability or the value of an offset or credit; 4. The application of an offset or credit against an impact fee due; 5. The amount of the refund (ref roneo Seefien' 9) due �, IM if any. All appeals must be received in writing within thirty (30) days of notice of the action for which the appeal is requested. B. The burden of proof shall be on the appellant to demonstrate that the }: value of the fee or the value of the offset or credit was not calculated according to the applicable impact fee schedule or the guidelines established for determining offsets and credits. C. The appellant may ap al the decision of the ; Director to the Council. A notice of appeal to the Council must be filed by the applicant with the City Secretary within thirty (30) days following the Director's decision. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the City Attorney in an amount equal to the original determination of the impact fee due, the development application or tap purchase or building permit issuance may be processed while the appeal is pending. SECTION 1149 REFUNDS A. Any impact fee or portion thereof collected pursuant to this Ordinance which has Impact. 96. rd.doc (01/28/00) Page 23 76-,al not been expended within ten (10) years from the date of payment, shall be refunded, upon application, to the record owner of the property at the time the refund is paid, or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Article 1.03, Title 79, Revised Statutes (Article 5069-1.03, Vernon's Texas Civil Statutes), or any successor statute. B. If a refund is due pursuant to subsection (A), the City shall pro -rate the same by dividing the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the service area for the period to determine the refund due per service unit. The refund to the record owner or governmental entity shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. C. Upon completion of all the capital improvements or facilities expansions identified in the capital improvements plan upon which the fee was based, the City shall recalculate the maximum impact fee per service unit using the actual costs for the improvements or expansions. If the maximum impact fee per service unit based on actual cost is less than the impact fee per service unit paid, the City shall refund the difference, if such difference exceeds the impact fee paid by more than ten percent (10%). The refund to the record owner or governmental entity shall be calculated by multiplying such difference by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. D. Upon the request of an owner of the property on which an impact fee has been paid, the City shall refund such fees if: 1. Existing service is available and service is denied; or Impact.96A.doc (01/28/00) Page 24 ~7b • 3b 2. Service was not available when the fee was collected and the City has failed to commence construction of facilities to provide service within two years of fee payment; or 3. Service was not available when the fee was collected and has not subsequently been made available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in 11 aa�-event later than five years from the date of fee payment. E. The City shall refund an appropriate proportion of water impact fee payments in the event that a previously purchased water meter is replaced with a smaller meter, based on the LUE differential of the two meter sizes and the per-LUE fee at the time of the original fee payment, less an administrative charge set forth in City guidelines. F. Petition for refunds shall be submitted to the Director on a form provided by the City for such purpose. Within one month of the date of receipt of a petition for refund, the im Director must provide the petitioner, in writing, with a decision on the "dret, including the reasons for the decision. If a refund is due to the petitioner, the Director shall notify the Finance Director and request that a refund payment be made to the petitioner. The petitioner may appeal the determination to the Council, as set forth in Section M4. SECTION UPDATES TO PLAN AND REVISION OF FEES Impact.96.rd.doc (01/28/00) Page 25 7b-31 0 City Council shall accordingly then make a determination of whether changes to the Land Use and use assump6enst�enlaz r impact fees are needed and shall, in accordance with the procedures set forth in Chapter 395-f the Leeal Govemment Cede, * t * , either update the fees or make a determination that no update is necessary. SECTION FUNCTIONS OF ADVISORY COMMITTEE A. The functions of the Advisory Committee are those set forth in Chapter 395 e€the Leeal Goveniment Cow-- stmute, and shall include the following 1. Advise and assist the City in adopting oil- I land use- 2. Review the s Mimprovements regarding wateryand-wastewate capital and file written comments thereon; 3. Monitor and evaluate implementation of the rze�tr� 4. Advise the City of the need to update or revise the tip �.`- P land use assumptiens, rF'x'VC`r-xrrxF and impact fees; and File a semiannual report evaluating the progress of the City in achieving the eapiW improvements plans and identifying any problems in implementing the plans or administering the impact fees. B. The City shall make available to the AdvisorV Committee any professional reports fi prepared in the development or implementation of the capital Impact.96.rd.doc (01/28/00) Page 26 I&3L- C. The Cif Council ' shall adopt procedural rules for the committee to follow in carrying out it duties. SECTION AGREEMENT FOR CAPITAL IMPROVEMENTS A. The City Council may authorize the owner of a new development to construct or finance some of the public improvements identified in the. In the case of such a roval, the property owner must enter into an agreement with the City prior to fee collection ` " The eement shall be on a form approved by the City, and shall limprovemen4, establish the estimated cost ofthe schedule for initiation and completion of the improvemen . a requirement that the improvemen shall be co MaDirector y standards, and any other terms and conditions the City deems necessary. The shall review the improvement plan, verify costs and time schedules, determine if the improvement is -contained in the CIP, and determine the method and timing of reimbursing the owner for construction costs from impact fee or other revenues. SECTION 843 USE OF OTHER FINANCING MECHANISMS A. The City may finance water, wastewater, and roadway capital improvements or facilities expansions designated in the #'eapital imp evements ph through the issuance of bonds, through the formation of public improvement districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law, in addition to the use of impact fees. B. Except as herein otherwise provided, the assessment and collection of an impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property. Impact. 96.rd.doc (01/28/00) Page 27 76-3 3 J SECTION -4 IMPACT FEES AS ADDITIONAL AND SUPPLEMENTAL REGULATION A. Impact fees established by this Ordinance are additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development of land or the issuance of building permits or the sale of water or wastewater taps or the issuance of certificates of occupancy. Such fees are intended to be consistent with and to further the policies of City's Comprehensive Plan, zoning ordinance, subdivision regulations and other City policies, ordinances and resolutions by which the City seeks to ensure the provision of adequate public facilities in conjunction with the development of land. B. This Ordinance shall not affect, in any manner, the permissible use of property, density of development, design, and improvement standards and requirements, or any other aspect of the development of land or provision of public improvements subject to the zoning and subdivision regulations or other regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all such development. SECTION &W RELIEF PROCEDURES A. Any person who has aid an impact fee or an owner of land upon which an impact fee has been paid may petition the Council to determine whether any duty required by this wee -has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the act be performed within sixty (60) days of the request. If the IN Council determines that the duty is required pursuant to the ordinance and is late in being performed, it shall cause the duty to commence within sixty (60) days of the date of the request and to continue until completion. B. The 0 Council may grant a variance or waiver from any requirement of this Impact.96.rd.doc (01/28/00) Page 28 7r-Ar34 ordinance, upon written request by a developer or owner of property subject to the ordinance, following a public hearing, upon finding that a strict application of such requirement would, when regarded as a whole, result in confiscation of the property. WATER FACILITIES FEES A. There is hereby established a wastewater- serviee area as depieted on Exhibit A 1, Impact.96.rd.doc (01/28/00) Page 29 713-3 6 (w time, and new wastewater- seFviee areas may be delineated, pufstiant te the pr-eeedur-es in Seeti A. The m * . . aet fee values per- senwe unit fer- wastewater- faeilities afe hereby adepted and ineer-per-ated in Exhibit E 1 attaehed hereto and fnade a pai4 hereof by L. The eelleeted iftVaet fee values e e e e ewe. Q The impaet fee values per- seFviee unit for- was4ewater- f4eilities may be amend ftem time to tifne, pufsuapA +„ the p edufes i Se do 10. ..................... • r. Impact.96.rd.doc (01/28/00) Page 30 79-3 (D rRIF.-T ......... �ruwwwwww�Wry-Tr. SECTION CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. -Or-ee 330 shall Fe , � ee and vfvvt uprovided in c fi i 4C f this Or-dinanee. SECTION SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Impact.96.rd.doc (01/28/00) Page 31 '7g-3*7 MIN Mew. 90"NP-ME PUBLICATION The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF Impact. 96. rd.doc (01/28/00) Page 32 7&-n Impact. 96. rd.doc (01/28/00) Page 33 MAYOR ATTEST: CITY SECRETARY %i3-39 F1 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Impact.96.rd.doc (01/28/00) Page 34 ?$rq d L Q L s m ,v E w m a� c a a� V CD co L Q co L L � Q ca co L Irm N Q Q MP x x w w �ut� Ion= P-P.P, �S 7 -N H 76-4s r C N r,; cc � L .= O Q A d d E-0 tM N r L Ccc .� •E N C W N d r D N Q J L C � O N x w O O N N O v w O Go O co O O O O O W W 0 6 e- N M 6 4 cD O; O (D O (0 N 4 6 O N r r J d 0 0 0 0 S c c= c' c CLMamaao•- O•- o•- o•- >,E E E E_ E E LS E E E L. ~ NNNNN o�- ooo� 0 0 V V tV - - 4).--- T- T.-N N cV M M et et cD w co eo r ?B—_4 Exhibit D-2 TOTAL (1999) SERVICE UNITS (VSH-MI I DEV. UNIT) LAND USE CATEGORY CEVELOPMENT TRIP S.A. S.A S.A. S.A. S.A S.A. S.A. S-k I I UNIT RATE 3 4 i 6 7 a ;POR7 AND TERMINAL 7.,t;cx Tenninal I Acre �!NCUSTRIAL 1 19.65 2-94 0*98 0-98 5*nsrW Li Industrial SF GFA 1 0.98 2.94 2-94 2.94 General Heavy kldusteaUManWacturirg !.:CO SF GFA 0.68 :ndustrial Park SF GFA T92 'Natshousky �.04 2-79 2.C4 - -776 1 0.38 0.92 0.68 0.22 1 0.68 1.__-;.68 0.92 0.92 2.04 76 2. 2.76 TOCO SF GFA .83 0.66 0.66 0.66 O.J6 1.83 1 1.83 193 .Wni.wvwwjso 1.000 SF GFA 0.29 0.87 1 0.31 0.31 0.31 0.31 0.87 1 0.87 0.87 RESIDENTIAL Single -Family Detached Housing rNveftg urit 1.01 0.67 i03 2.01 03 2.01 -i703 .61- 3 .1.03.03 1 -t 2.01. 1.74 1.74 --- 3.03 3. m 2.01 2.01 1.74 1 1.74 2.01 4 21- Avaronent/Murd-family 1 Dwelling Unit Moods Home Pa* 1.74 1.74 1.74 Retirement CWM Dwelling Unit 0.34 1.02 1.02 .02 102 1.02 1 1.02 1.02 LOCGING �.clel 0.61 - Fig 299 0---i- -0.Y• L - t 1. r 1 1.47 t-T-W- C mer Lodw9-ia---pv,,- Accm 0.47 1.41 I 0.301 0.30 0.3C I 0.30 I 1.36 i 1.13 1.13 RECREATIONAL I 43 33.33 99.99 21.43 96.44 80.37 30 37 Too 1.2S 3.75 0.80 0.80 Range 0.80-1 --0-.8-0- - 3.62 3.61 3F Gclf Course A- 0.39 1.17 025 025 026 i 725- 1.13 024 0 healtIVRecreational Clubs and Fact ties 1.000 SF GFA * ' _ '2-_ . 1.000 SF GFA at ��Seat 1.75 ---. 2.36 0.02 5.25 7.08 0.06 1.13 --- Im 0.01 1.13 1.52 0-01 1.13 1.13 1.52 5.06 - 6.83 4.22 5.89 jj.22 5.69 .69 5� - - . .-- Ice Rink G;e Theater- .1.52 1 0-01 0-01 Miniature Golf Hole 0.33 om 0.21 -- 0.21 01). E72- Egs 6.96 DID ..101710 Theater _0.14 0.42 .09 0.09 0:E9 0.39 0.41 0.34 0.34 Tennis Courts Court 3.88 11.64 2.491 2.49 2.49 2.49 1123 9.36 9.36 INSTITUTIONAL Church !-%0 SF GFA r-0-4i- 0.30 0.63 0.13 .'ay Care =0 SF TA 1 6-6 9 023 �2., 0.23 i 12S 42 5 5 1 1'04 F--�J! 0-4 MEOICAL 4TI 1718• �1�66 ISZ,4 14.67 4�.6�7 osrital Bed - 1.22 0.92 0.92 312 Se YT . 5 "3 5 1 Nursing Horne Sed 0.20 0.60 0.15 0.15 0.15 0.15 0.60 0.5-1 0 0.57 CFFICE I T566 SF -GFA 1 32 --i 1.52 V17 .17 ComorateHeadquartert; Building .3-9- -7ff General Office Suldirg ' '* j -'i- 13 .6i' TT7 _ZIT VW 1" 4.47 1.000 SF GFA 1.49 4.47 1.63 1.63 kledic"ardal Office 1.000 SF GFA-- SF GFA 3.66 1.72 10.98 5.16 4.00 ----u 128 4.00 im 4.00 20 1.88 1.88 �-! !8 10.98 5.16 10.98 5.16 10.98 5.16 Single Ton" 0111ce Building Officaffiusinew Park -- LOCO SF GFA ' 110 - -4-.50 1.64 1.64 - i.!Tf 4.50 -L 4.50 1 4.50 COMMERCIAL -Automobile-related Automobile Care Center 1.1.00 SF GFA 1 1,c00 SF GFA t.30 -7-20 'F -19 '2.19-- 5.37 9.86 1 4.39 i a22 4.89 8.22 2.03 3.41 6.05 10.23 i 2.19 2.19 Autcrnobils Parts Sales 3asoline/Service Station -�v 1.01 Fueling Position 8.44 5.07 1.01 1.01 11.C1 4.56 3.803.80 5c enl7em Market with 12 or Positiors' 0-7 IT' 2.47 2.-47- 1.44 1.44 '8 11.13 --6.4-8 9.27 5.40 2.65 927 5.40 F-jefing Position 5.89 3.53 0.71 0.71 Convervence Markel with Less than 12 Fueling Positions 1,000 SF GFA 1.000 SF GFA Sin;; �Pcsisow 20.61 2.24 12.37 6.72 2.47 1." 2.47 1." New Car Sales -Quick Lubrication Vehicle Center 3.11 - 'TT7 9.34 2.00 _T42 2.00 2.00 0.42 r 200 Z 9.01 1.88 7.51 1.56 7.51 1-% Self- Servim Car Wash Stall -- 2.08 Tire Stem I.000 SF GFA 2.97 8.90 -7-9-1 1.91 1.91 t.31 848 7.15 7.15 36.08 28.18 30.07 23.49 30.07 23.49 Fast Food Resuamwo with Drlv*-Thru 1.000 SF GFA 1.000 SF GFA 16.74 13.08 40.09 31.31 8.02 6.26 8.02 6.26 8.02 6.26 8.02 6.26 Fast Food Restmiurarl without DrW*-Thru High Turnover (Sk-Down) Restaurant 1.000 SF GFA 0.19 4.19 14.83 MOB 237 2.01 297 2.01 2.97 2.01 2.97 2.01 -13-,34 9.04 11.12 11.12 7M Quality Radmurant 1.000 SF GFA Grocery Stone and CommiWence Uwkets -7M Comieniam Market with 12 or More Fueling Positions Fueling Position SM 3M 0.71 0.71 0.71 0.71 3.18 2-65 2.65 Converwnce Madw with Leas 11m 12 FuWN Positions 1.000 SF GFA 20.61 12.37 2.47 2.47 2.47 t-2.47- 11.13 927 927 Supemm" 1.000 SF GFA 7.37 722.I 0 4.74 4.74 _ 4.74 4.74 21.31 17.76 17.76 Other PAW I Free-Stwift Rena: Store 1.000 SFGFA 2M 739 1.63 TIF 7.32 6.10 &to Furnftury Sloe 1.000 SF GFA 0.21 0.93 0.14 0.14 0.14 1 0.14 0.51 0-5I 0SI Phamwj0rugslom 1.000 SF GFA 1000 SIF GFA . 1.000 SF GFA 1.000 SF GFA 5.30 2A7 5.32 6.80 15.91 7.41 IB 20.40 3.41 1.59 3.42 4.37 3.41 I.S9 --- i. 42 4.37 3.41 1.59 -- 3.42 4.37 - 73.41 I.59 15.35 7.14 I2,79 5.95 I2.79 595 Shopping Video Accede_M 3.42 15.39 12M I2J3 Video Rental Store 19.68 16.40 1IL40 Wholesale ..a.37 L ' - '�-O-Sil 1.D00 SF GFA 0.21 0.63 0.14 0.14 0-51 0.51 Wholesale Markel 6. i 6.14 SERVICES 19.39 33.71 6.74 5.74 Bank j1NaIk4n) 1,000 SF GFA 74 30.34 25.29 2529 Bank (Crive-In) 1.000 SF GFA 29,037 49.20 1 9.84 1 9.34 1 9.84 9.!4 A ';W*1 47 zs ii 36.90 r7LAJ-q7 3 �q > O O O O O 0000000000 O O O O O O O O 00 d (0 N OO O c0 'd� O N to W04 M N N e- V I M V ff.+ 69. EF). EA ER EA 4a 64 611? de} « > O N M co w O O O O O O O O O O O O O O O O O N Oo O LA O 06 O Lci 0) O W e- LA M Re Oo V- N N 1.: C) O d' N ti N O ti ti O co to f_ to co W C r Q% Q> > 0) O G M O QQQQQQQQ Z Z Z Z Z Z Z Z WO O 0 0) O N Q Q Q Q Q Q Q Q 0 = C V Z Z Z Z Z Z Z Z O EA d� C LL x E }+ W W d E J t W 4) > J CL L w C) 4) L IL 9 M L U. C- d 4.0 vV- M NmvLOcoticoQ J � L� M L M L M L M L M L M L M L M L Q♦' 0. _� is m ma�a�a�a�daam _ 0 W CD N��M M M� 0cncncncncncncncnZ d as as as ai as a� as 76``�g e e w O O O V) O to Co O N N N N N N N N co to tD co co co (o co OCIF) •++�0� to to N O N to () MMcMMe9eMt'MM 0)O0)OtA0)0)0) V ao r et le le Re d st a a V.:r w 619.4&6%49.49� 4ow 6% 4% j o N O O Co O O O O O to L0 to W) to ID to to O O O O O O O O ti +r�N� C t) G to C O O O r r r r r r r r N N N N N N N N v to IV Q) N g O M r V W r 60). 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O 'L 4) m �y m a = N d a. to a U. `o a ti ate) pz d C.a1 m VrNMV W W1-ao ww 0 0 m Ea �, aMMMMMMtoM d E` L` m N m m m as � taCD dL 3 aaaaaaaa zz E� wwi a d� 3�2 .2 .2 .22Lu �° 0 as 3 �" a' �°cncncncncncan)cncn City of Southlake, Texas STAFF REPORT January 28, 2000 CASE NO: ZA 99-120 PROJECT: Ordinance No. 480-323 /2"`' Readin / 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.) -7c - 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, "1. 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. 7C -), City of Southlake, Texas January 13, 2000; Approved (6-0) subject to Site Plan Review Summary No. 1, December 3, 1999, as per the following: • deleting Item #5 to allow vertical and horizontal articulation as shown; • modifying Item #6d, granting relief from constructing parking islands in the parallel parking spaces only; • on Item #8, granting relief on the following lighting standards for the stadium: allowing 30 foot candles instead of the required 20 foot candles and allowing white light instead of the yellow light and acknowledging the applicant's commitment to comply will all other provisions of the lighting ordinance; • on Item #9, accepting the applicant's decision to remove the 250 Future Bleachers from the west side, therefore bringing the existing required parking into compliance; • and with the following additional conditions: accepting the applicant's commitment to use lights rather than bells to announce class changes; • that Joint Use of the facilities be subject to City Council's decision; • accepting the applicant's commitment to move the southern parent loop driveway to the North to comply with the 250-foot spacing requirement and to better align with the Johnson's driveway across Kimball Avenue and reserving the right for the city to later require the construction of a "pork chop" in the southernmost drive (restricting the traffic movements) should circulation and safety concerns arise in the field; • acknowledging that the drainage will flow to F.M. 1709 and that the current runoff to the north will be reduced by 15%; • deleting the northern circulation road from the plan; • requiring the bufferyard on the West; • requiring the planting of as many required trees on the site as directed by the Landscape Administrator and then plant any "leftover" ones in the Kimball medians and any others at other school locations; • requiring that all construction traffic use the northernmost driveway; • acknowledging that the lights will be turned off at 10:00 p.m.; • acknowledging that the HVAC system will be screened from adjacent properties; • and acknowledging that a sanitary sewer connection will be made available in the northwest corner of the site and that neighboring properties may tie on at the neighbors' expense. 17c-3 City of Southlake, Texas COUNCIL ACTION: January 13, 2000• Approved (6-1) First Reading subject to P&Z's motion with the following modifications: • on Item #9 in the review summary, granting the applicant's request to reduce the parking spaces from the 398 as shown to 379 spaces to accommodate the construction of parking islands in the parking lots; • requiring the applicant to erect an eight -foot (8') double -sided fence along the west and south property lines; • stating that there be no restriction of joint use of the facilities; • requiring that the stadium lighting be turned off forty-five (45) minutes after game activities have concluded, but no later than 9:00 p.m.; • requiring that no stadium lights be used on Saturday or Sunday; • and reserving the right to restrict all stadium lighting after observing the Junior High light demonstration. STAFF COMMENTS: Attached is Site Plan Review Summary No. 1, dated December 3, 1999. NACommunity Development\WP-FILES\MEMO\99CASES\99-120ZS.doc -In-q 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? Pa, e. (of q RECQ DEC 0 81999 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 need 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 Avenuf C.S. Johnson, 495 South Kimball Ave Chin Po, 305 South Kimball Avenue 1-y : LOT 2 cp • tt .1 1 1 P F ICyCyyy.�l 4- - - - - - - - - - - - - - - - - - - - - - - - ------------------ U4 2E. --------- (� .I ; r co 0:) 0 x cf) (A > WOO. LOT 4 CD i I> C) m Z (n m 0 U) L4 ------------ .0 LOT}; �A .(;A LOT 5 LINZ TRACT 30 A529 620C-. X!M8ALL PARTNERSHIP VOL.' 13487, FG. 334 LGRTCT LOT 7 CT � - _ - _� Pa e 3� . TRACT 30. ABST.:529 ROBBY K.ARKEN16CRAY L K09/E4CE1 -*7 DENT�-`AL 620SE.TEXLS -;- ...................UTHLAKA092 VCL. 11195. P,; :126 LIATCT • r� , 911 %'& me I I I I Mt ., Recommen ed Medium Cuts 0� i . y H . m -. i 0 .. i l 11� rNi Q0 LOT 4 t 11 li.�,`�:�' .` , , •, 1t�,.� LA --------------- ------------ LOT ------------- hY WA .♦ , =� k t ' �rAN LCT y • r• KI.MOALL PARTNEIRSHIFCT 1 • i LOT 7 T Pa�e q TRACT ' ROW KAREN RAY K094CE • 620 S. KIWALL AVE. Dec-09-99 05:13P DEC 09 ' 99 1 a :17 FP FAR TX ADO ASL,►- @ 0 U.S Deponent ol1lomporrotbn Fedw Alm 01ft! UrAn December 9, 1999 City of Southlake Planning and Zoning Commission 1721 E. Southlake Blvd. Suite 100 Southlake, TX 76092 Dear Planning and Zoning Commission: 329 1747+ P.02 8172225999 TO 932917,17 P-92,/03 souinwasr A'aq'w+ Fort worm Tek4s 76; 93•C G0 AIWSSs tows -Ana. NO* MgnCo. 01cI4roMa Tona$ It has come to our attention the City of Southlake is currently considering rezoning and site plats for two schools proposed by the Carroll Independent School District (ISD). The specific actions are being considered at the Planning and Zoning Commission MCcting schctlulcd for December 9, 1999 and are as follows: Site Plant for Johnson Elementary School (ZA 99-109) pruposcd fur the Northcast comer 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 SouthIake 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/311.at Dallas/fort Worth International Airport. Specifically, the proposed Carroll ISD Middle/Intermediate School is approximately 2.5 miles from the Runway 13R threshold, while the proposed Johnson Elemcntary School is approximately 4.1 miles from the Runway 13R threshold. Both school sitcy will cxperieace routine and regular aircraft overflights by all types of aircraft and dill 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 Mliddie/lrttermeWate School is located adjacent to the 75 DNL noise contour, while the Johnson Elementary School is located in approximately the 72 DNL noise contour. PleW note that, per FAA Pant 150 recommendcd land use compatibility guidetine� (as duplicated in the City's zoning ordinance) the 75 DNL is the maximum exterior noise that is recommended to be mitigated for a tolerable interior noise environment_ COMMITMENT TO EXCELLENCE --OUR COMMITMENT TO YOU ED DEC 0 91999 Dec-09-99 05:13P 329 1747-r DEG 09 ' 99 13=18 FR FaH TN QDp a54i-650 81 r??5g8q TO 93?91747, P. 03'fs3 2 P.03 The FAA rccommends that communities consider aircraft noise impacts when making land use decisions. If communities detettuine that residential or school uses must be allowed in areas impacted by aircraft 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 all 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 require an outdoor to indoor noise level reduction to enhance the teaching/learning environment inside the buildings. Sincerely, Otis T. Welch Manager, Texas Airports Development Office cc* Ms. Karen Robertson, Manager (bol Noise Compatibility Office DFW International Airport P_0. Drawer 619428 DFW Airport, TX 75261-947A COMMITMENT TO EXCELLENCE —OUR COMMITMENT TO YOU — TOTS PFGE.03 F• Dec-09-99 05:20P 329 1747+ DEC-09-99 16.30 FRON:PUULIC AFFAIRS/NOISE OFC. I0.972 674 e544 1DFW`-Y it" P.Fwn DatIastPort Worth lnternaclonal Airport E«cv�i�t Diecsor Dc" ber 9, 1999 IVis. Ana Creighton, Chairman Planning & Zoning Commission City of Southlake 1721 E. SoU&Me Blvd., Suite 100 Southlake, Texas 76092 RE: Planning & Zoning Commission Agenda !tent Reference No. ZA-99-120 Dear Ms. Creighton: P.02 PACE 2i3 Please allow me to address an agenda item slated for the December 9, 1999 meeting of Southlakc's Planning & Zoning Commissions The agenda is to consider at zone change and site plan for Carroll ISD Middle:Tntem a-diate School to be located southwest of South Kimball Avenue and East Southlake Boulevard, Case No. Z.A-99-120- For reasons stated below, the Dallas/Fort Worth International Airport Board C'DEW i 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 southw•ost of the extend runway centerline for Runway 13Lf31R. approximately 2.5 ststute miles from the uvltil ead of this runway. The property is subject to routine and regular overflights by aircraft operating to and from DFW inte:ztational Airport. Due to this proximity, the. site's compatibility and approprieuness should be considered based on standards for land uses within the 75 DNL contour_ Tile Airport Board does not support the development of a school, or any other noise sensitirc land uses, at this kw proposed site. However, in the event the City det tomes the project and its location are in the Ch)'s best iuterest, the Anpon Board strongly recommends the following con�iaons of approval: 1. An avigation easement for the property be obtained nursing the DFW International Airport Board and the Cities of Dallas and Fort Worth using language to be provided by DFW. 2. The City require mandatory building shell noise reduction be incorporated into the building design, noted on the final building plans, and verified during the building inspection process. 3- The City require a minimum building shell desip of 40 NLR (Noise Level Reduction). C"heator values would afford additional sound aneatm ing properties to the school. Thank you for your consideration of this matter. Please contact me at your convenience shouldyou like to discuss our commcnts further. Sincere }•, Karcu L. Robertson Manager Noise Compatibility Office cc: Dr. Ted Gilhua, Mary Emins Karam -..ter. AdMiftiWWve OffWu s 3300 Eeu AuWd Dme t cbt oboe Dower 61%29 • DFW wirprt, Tern. 752Q-%28 : 972; its F000 OECD DEC 0 91999 -T7 City of Southlake, Texas Tract Map ZA99.120 0.5 0 0.5 1 Mies City of Southlake, Texas Surrounding Property Owners ZA99-120 Property Owner Zoning Land Use Designation 1. Southlake Land Ltd. I. `B-l" 2. Greenway - 1709/Eleven Partners 2. `B-l" 3. Southlake Plaza II Ltd Prtn 3. `B-l" 4. R. Teeter 4. "AG" 5. J. Miller 5. "SF -IA" 6. H. Carr 6. "SF -IA" 7. A. James 7. "SF -IA" 8. C. Po 8. "SF -IA" 9. T. Thompson 9. "SF -IA" 10. G. Thompson 10. "SF -IA" 11. C. Johnson 11. "SF-1 A" 12. J. Wang 12. "SF -IA" 13. D. Faglie 13. "SF -IA" 14. 620 S. Kimball Prtnshp Ltd. 14. "AG" 15. J. Petty 15. "AG" 16. D. Minder 16. "SF -IA" 17. J. Logan 17. "SF -IA" 18. G. Tuttle 18. "SF -IA" 19. G. Thayer 19. "SF -IA" 20. L. Faughn 20. "SF -IA" 21. C. Dorris 21. "SF -IA" 22. M. Mayfield 22. "SF -IA" NACommunity Development\WP-FILES\NOTICE\99Exhibits\99120ZSP.doc -IC,13 1. Office Commercial 2. Office Commercial 3. Office Commercial 4. Office Commercial 5. Retail Commercial 6. Retail Commercial 7. Retail Commercial 8. Low Density Residential 9. Low Density Residential 10. Low Density Residential 11. Low Density Residential 12. Low Density Residential 13. Low Density Residential 14. Medium Density Residential 15. Medium Density Residential 16. Low Density Residential 17. Low Density Residential 18. Low Density Residential 19. Low Density Residential 20. Low Density Residential 21. Low Density Residential 22. Low Density Residential DEC-08-1999 16:04 FROM TOTAL PROGRAM MGMT TO 4889370 P.02 Total Program Management, Inc. $60 W. Airport Frny. Suit* 101 Hurst, TX 76034 (917) 427.75W fax (817) 427.47US www.total-pm.com Austin, TX f prt Worth, TX Flousion, TX December 8, 1999 Community Development RE: Case Number ZA 99-120 — Site Plan Carroll ISD Middle/intermediate Schools Item 1 a: At the southeast corner of the Intermediate school the distance to the property line is 128-feet. This meets the required 4 to 1 slope setback given the two- story building's 32-foot height at this; point. The dashed line indication of the future classroom addition also shall be In compliance with the setback ordinance, since the planned 18 foot height (one-story) addition would require a 40' foot setback, which is provided by the plan Item 1 b: Annotations on drawings will be corrected Item 2. Will comply. Item 3. Height and Material of loading dock screen walls shall be labeled. Item 4. Will comply. Item 5. The buildings have a high degree of articulation. To comply with the ordinance in the strictest sense would affect the functional integrity of the floor plan. CISD respectfully requests variance to accept the articulation based on the submitted drawings. Item 6 a: Bufferyards will be labeled and shaded on the plan. Item 6 b: Bufferyard Note no. 1 will be corrected to reflect the scrubs between the building setback line and public R.O.W. will be planted at a minimum spacing of 30 inches on center. Item 6 c. Areas of required interior landscaping will be shown on the plan. A corrected interior landscape chart is attached and will be added to the plan. Item 6 d: The required landscaped parking islands will be provided for head -in parking only. We would request a variance'on the parallel parking, as it will infringe on circulation at peak pick-up and crop -off times. It is the owner's intention that these would be standing areawat these times. Item 7 a: Will comply Item 7 b: Parent loop drive will be moved on plan farther north to comply. Item 7 c: Will comply with City Staffs recommendation. Item 7 d: Will comply. At driveway intersection of 'Future Street' the parallel parking spaces to the west will be removed to allow for 100 feet of stack space on site. Item 8: Site lighting will comply. We request a variance on the football field lights. Two marquee style signs will be placed at the street. Size and heights to match Carroll Junior High's sign. '1C - I q ffA Q E G 0 81999 DEC-08-1999 16:05 FROM TOTAL PROGRAM MGMT TO 4889370 P.03 Item 8 cant.: A scoreboard sign shall be located ait the football field to face away from the south and west (residential) property dines, size shall be similar to Carroll Junior High. A public address system shall be provided at the football field with speakers mounted on the light poles. A tone generator shall be mounted on the west side of both buildings to alert students at the playino fields of class period changes. Item 9: The Owner advises that approximately 300 parking spaces are adequate to meet functional needs. The 398 spaces shown on the:plan represent the Owner's good faith effort to meet the City's 4 to 1 space formula. This combines the 800 seat capacity of the largest gymnasium with the 500 seat capacity of the football bleachers (800+500=1.300), divides that sum by 4 (1,300/4=325), then adds ane space for each of the 70 teaching stations on the combined two -building campus (3Z5;70=395). The Owner advises that spectator and school events will not be simultaneously scheduled at each school. The Owner respectfully requests that parking provided in excess of 300 spaces be regarded as an Owner preference rather than a requirement. Item 10: Will comply Item 11: Will comply Item 12: Will comply Item 13: Will comply Item 14: Will comply Item 15: Will comply Item 16; Will comply Item 17: Will comply Item 18: Will comply Fire Marshall's General Comments 1. Will comply 2. Will comply Fire Lane Comments 1. Will comply 2. Will comply 3. Will comply 4. Will comply llliw Total Program Management, Inc. DEC-08-1999 16:05 FROM TOTAL PROGRAM MGMT TO 4889370 P.04 IN General Comments 1-6 No response. 7. Will comply Easements 1. Will Comply. 2. Will Comply. 3. Will comply. Water Comments Sanitary Sewer Comments: No Response Drainage Comments 1. Will comply. Regards, Mark J Dani Is, AIA, CSI, CCCA Project Manager 10,108) otal Program 'wiftnagement, Inc. TOTAL P,04 Dec-08-99 04:22P Total Program Management. 972-671-8640 -1 C— 17 Dec-08-99 04:22P Total Program Management. 972-671-8640 P.04 N C 0 aAo:] '7C-IS City of Southiake, Texas SITE PLAN REVIEW SUMMARY Case No:: ZA'11-120 Review No: One Date of Review: 12/03/99 Project Nrie 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 1.1/15/99 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 Development Standards Applies Comments Corridor Overlay Regulations N Residential Adjacency Y See Comments No. 1-4 , Building Articulation Y See Comment 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 l . 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. s 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. (P&Z Action, 1113100: Delete and allow vertical and horizontal articulation as shown) 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. Correctthe'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 (3') 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 provided 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 =11500 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. (P&ZAction, 1/13/00: Granted relief from constructing parking islands in the parallel parking spaces only) City of Southiake, 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. (P&Z Action: Granted relief on the following lighting standards for the stadium: allowing 30 foot candles instead of the required 20 foot candles and allowing white light instead of the yellow light and acknowledging the applicant's commitment to comply will all other provisions of the lighting ordinance I 9. Based on information provided, 437 parking spaces are required for this phase of construction. The plan shows 398 spaces provided. (P&ZAction: Accepting the applicant's decision to remove the 250 Future Bleachers from the west side, therefore bringing the existing required parking into compliance; 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. -7Ci D-' -R-- City of Southiake, Texas Dimension the distance between buildings and distance from building to property lines the closet pr©perry lines, at 90°, from each building comer. { Show and label the boundary as proposed by the plat as well as existing tract boundary. Correct the Land Use Designations according to the approved 1998 Land Use Plan. Label the existing zoning of all adjacent properties. 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) P&ZAction, January 13, 2000: Approved (6-0) subject to Site Plan Review Summary No. 1, December 3, 1999, as per the following. • deleting Item #S to allow vertical and horizontal articulation as shown; • ` modifying Item #64 granting relieffrom constructing parking islands in the parallel parking spaces only; • on Item #8, granting relief on the following lighting standards for the stadium: allowing 30 foot candles instead of the° required 20 foot candles and allowing white light instead of the yellow light and acknowledging the .applicant's commitment to comply will all other provisions of the lighting ordinance; • on Item #9, accepting the applicant's decision to remove the 250 Future Bleachers from the west side, therefore bringing the existing required parking into compliance; and with the following additional conditions accepting the applicants commitment to use lights rather than bells to announce class changes; • that Joint Use of the facilities be subject to City Council 's decision; • accepting the applicant's commitment to move the southern parent loop driveway to the North to comply with the 250 foot spacing requirement and to better align with the Johnson's driveway across Kimball Avenue and reserving the right for the city to later require the construction of a `pork chop" in the southernmost drive (restricting the traffic movements) should circulation and safety concerns arise in the field; • acknowledging that the drainage will flow to F.M. 1709 and that the current runoff to the north will be reduced by 15%; •„ deleting the northern circulation road from the plan; • requiring the bufferyard on the West; • requiring. the planting of as many required trees on the site as directed by the Landscape Administrator and then plant any "leftover" ones in the Kimball medians and any others at other school locations; City of Southlake; Texas • requiring that all construction trqffia use the northernmost driveway; • acknowledging that the 'lights will be turned off at 10: 00 p. m.; * gckn6Wkdging that the HVAC system will be screened from adjacent properties; wledeng that at sanitary sewer connection will be made available in the northwest corner of Ate site d tha# neighboring properties may tie on at the neighbors' expense. * 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 constructionstandards 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 NACOMMMrrY DEVELOPMEMMWP-FILESIREV\99\99120SP1.DOC �i Articalatiea Evaluation No.1 P g.. l of 2 Case No. ZA 99-120 Date of Evaluation: 12/03/99 ElevationsforCISD Intermediate and Middle Schools QnterwtdWe eceived: , 11/�.5/99 School, South Building FrOmt�; Fast 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 -551; 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 8 601; Yes 5 4 -20% No Min. artic. length. 27 12 -56% No 49 33 -331 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 antic. offset 5 IQ -in. 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 9% No Min. artic. offset 5 8 60% Yes 5 1 -80% No Min. antic. length 16 41 1569 Yes 27 8 -70% No Articulation Evaluation Noa P9. 2 of 2 ++ Case No: ZA 99-120 Date of Evaluation:,12/03/99 Elevations for CISD Intermediate and Middle Schools Rec*ived: 11/15/99, Middle School, North Building Front -facing: East wall ht . 32 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Max. wall 96 115 201k No 96 198 106* Min. arti 5 5 0% Yes 5' 2 -60W Min. arti 27 15 -44%- No 50 8 -84t Rear - facing: West Wall ht . 32 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Max. wall 96 145 51t No 96 198 106t Min. arti 5 8 60t Yes 5 2 -60t Min. arti 27 12 -56t No 50 8 -841; Right -facing: Northwal1 ht . 32 Horizontal articulation Required Provided Delta Max. wall 96 95 -1% Min. arti 5 5 0% Min. arti 15 5 -67W Left - facing: South Wall ht . . 18 Horizontal articulation Required Provided Delta Max. wall 54 190 252t Min. arti 3 4 33% Min. anti 48 8 -83% c Okay? No No No Okay? No No No Vertical articulation Okay? Required Provided Delta Okay? Yes 96 146 52t No Yes 5 2 -60% No No 37 52 41%- Yes Vertical articulation Okay? Required Provided Delta Okay? No 54 119 120%- No Yes 3 15 400t Yes No 29 71 145t Yes ^� -�- City of Southiake, Texas TREE PRESERVATION ANALYSIS (Non -Residential Development) Case 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 andl 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 IT' 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 ?C+XV' 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 applicants 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 foundationas shown on the Site Plan * See attached Tree Preservation Analysis. BUILDING INSPECTIONS 7C-� # 7 City of Southlake, Texas �a * 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 Adinin strator or ifgradingis 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 Y �� - t •— x Ln .= 9iJii a. w p_ aUs ;687 `4 - a x'Z_ it. -11 - to i... i 1� n;A f. �� J z �: _j SAr r J C] sY ^ 3 X »F (Y j` 'tY..:A o a 0T.:; A 5 2 2 •Y S ::_ ilk qk ij1 i �jk i Eli Is ! , 9 6 I i i LIED LOW DEPISITY i ���•DI� RESIDENTIAL K 4 f�: i� I YE ADOM:OAKS ADDITION I I VUk UK 38K-129. PAGE 34 ' ry �, i 8.. ............ Mm O ' -r! ,� � ' fir✓, t .:_. ry.. ONf j � � I.,�l. t � A � U i, I !V Fc aar �a1-ret :ernrrn ' N01110 Y S7!VO ADAY it , !V13S 03NOZ Q tt _1VIlN301,S321 AII�N30 AOl am v z0 O-i Zi= U �N F � -i WO z o � a SOIL Q i zz 0 z zmo Fa WW p 1 - - a _ z asZ a 00 wo UZ- o z Y Z Z y x a o F x cy to w r w Iox r� 0 z w w NYa I.r V. 6cr � 4 � X.ix z \ J « Y Z 'ly J •-S=i a J o ^ 4; x J ocr a b'"7 d C3 c CT) z W cr Q, N Vo z ui StA LLI 0- I ci ............. -A Cl - - O ad i • - cr) Ld W rul Eon z ? sr�Y �s Ix13 Ll ll_ II- = 6 � R 3 rJ 3 'I, I, I, t - _J Ali { 1 I 3 a I 44. O I n L ,� I upamOpOyUJ ��.I. ''•I -( -.� �i I O •- e��ao aoo- �•`-aiatYi v-o A-- a a o I ( i y 111 u + stan.-.nor U CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-323 AN ORDINANCE AMENDING ORDINANCE NO. 4809 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 TRACTS 1, lA,1C, ID, 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; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\484323.DOC Page I C -309, WHEREAS, the hereinafter described property is currently zoned as "SF-20A" Single Family Residential District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WCOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-323.DOC Page 2 `1C-3( 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 WCOMMUNITY DEVELOPMEN nWP-FILES\ZBA\PENDING\480-323.DOC Page 3 -iC-3-7 ft amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts 1, IA, IC, ID, 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 subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-323.DOC Page 4 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 (W 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 WCOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-323.DOC Page 5 c-39 zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2000. WCOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-323.DOC Page 6 MAYOR ATTEST: CITY SECRETARY C- qo PASSED AND APPROVED on the 2nd reading the day of , 2000. APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: NACOMMUNITY DEVELOPMENMWP-FILES\ZBA\PENDING\480-323.DOC Page 7 MAYOR ATTEST: CITY SECRETARY Vic, — t 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 comer 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 comer 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 5/8 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''/2 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 114 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 % 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''/2 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 comer 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 314 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. RFr:D Nov ? 5 1999 NACOMMUNITY DEVELOPMENT\WP-FILMMA\PENDING\480-323.DOC Page 8 r v% -% ci I v a w EXHIBIT "B" NACOMMUNITY DEVELOPMENnWP-FILES\ZBA\PENDING\480-323.DOC Page 9 City of Southlake, Texas STAFF REPORT January 28, 2000 CASE NO: ZA 99-113 PROJECT: Revised Site Plan — Lots 1 & 2, Block 2, Gateway Plaza Addition STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Revised Site Plan for Lots 1 & 2, Block 2, Gateway Plaza Addition on property legally described as Lots 1 & 2, Block 2, Gateway Plaza Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 5365 & 5366, Plat Records, Tarrant County, Texas, and being approximately 4.35 acres. PURPOSE: Site Plan approval is required prior to issuance of a building permit. LOCATION: On the north side of East Southlake Boulevard (F.M. 1709) across from the intersection with Bank Street. OWNER: Wyndham Properties, Ltd. APPLICANT: O'Brien & Associates, Inc. CURRENT ZONING: "S-P-2" Generalized Site Plan District with limited "C-3" General Commercial District uses excluding the following uses: 22.2 (7) Conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses; 22.2 (16) Lodges, sororities and/or fraternities; 22.2 (17) Deleting the words "and care" but allowing "medical care facilities to include nursing and -cue homes, hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors; 22.2 (18) Mortuaries, funeral homes and undertakers; 22.2 (23) Plumbing and heating appliances, repair and installation services...; 21.2 (8) Business colleges or private schools for vocational training of office related careers, such as stenographers, executive secretaries, etc.; 21.2 (24) Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping; 18.2.A (29) Radio recording and television broadcasting offices and studios; and requiring that Building 13 to be contained in its own lot and to allow single story 0-1 uses only or a sit-down restaurant with table service within the same pavement envelope. City of Southlake, Texas LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Nine (9) RESPONSES: One (1) response was received from within the 200' notification area: • J. Michael Tate, D.D.S., 3101 East Parkway, Southlake, TX, undecided. See attached letter. (Received January 20, 2000.) P&Z ACTION: January 20, 2000; Approved (7-0) subject to Site Plan Review Summary No. 3, dated January 14, 2000, deleting Items #l.a (50' stacking depth on Driveway C3); #2.a (articulation); and #2.b (pitched roofs). STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated January 14, 2000. NACommunity Development\WP-FILES\MEMO\99CASES\99-113SP.doe JOHN MICHAEL TATE, D.D.S. STEVENS. BABER, D.D.S. 3101 E. Northwest Parkway, Suite A Southlake, Texas 76092 817/481-6364 January 20, 2000 City of Southlake Planning and Zoning Commission 1721 E. Southlake Blvd, Suite 100 Southlake, TX 76092 Reference No: ZA99 and ZA99-131 Dear Sir; I have no overall concerns with the general site plan except that the street design fails to show the second curb cut into our west parking lot off Gateway Drive. This curb cut was previously approved by the city. The developer suggested changing the curb cut to the west side of the parking lot, contingent upon an agreement with Lincoln/Kohl to give me 25 (twenty-five) common parking spaces adjacent to our west side. Lincoln/Kohl has not yet agreed to this. Therefore, the present site plan, as presented, is not accurate relative to drive configuration. The only other concern I have is that the landscaping design provide for replacement of as many as possible of the trees lost in the development. Sincerely, )J-Micbael Tate, D.D.S. RECP A N 2 1D-3 City of Southlake, Texas Tract Map ZA99-113 0.5 0 0.5 1 Mies City of Southlake, Texas Surrounding Property ZA99-113 Property Owner 1. Wyndham Properties, Ltd. 2. J. Tate 3. Wyndham Properties, Ltd. 4. State of Texas 5. State of Texas 6. KC Development Corp. 7. Gateway Properties JV 8. RAM Interests LP 9. R. Pack 10. R. Pack 11. S. Anderson 12. J. Stacy 13. State of Texas Owners Zoning Land Use Designation 1. "S-P-2" 1. "Mixed Use" 2. 640-1" 2. "Mixed Use" 3. "S-P-2" 3. "Mixed Use" 6. 66C-3" 6. "Retail Commercial" 7. 44C-3" 7. "Retail Commercial" 8. 44I-1" 8. "Retail Commercial" 9. 1-1" 9. "Retail Commercial" 10. "S-P-l" 10. "Retail Commercial" 11. 46I-1" 11. "Retail Commercial" 12. "I-1" 12. "Retail Commercial" NACommunity Development\WP-FILES\NOTICE\99Exhibits\99113SP.doc 1D-5 r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 #p ANUM03 UH3dOHd N oun ' Z g tl °AO LN3Rd0uaa V �B ac 'axv7Hsnos 1ly 3 ??E esi-88vZ 'oN 35ro pe... III' 4 �_ a svXpq� i2 ` cn , . _- lliiiw dalo if �q E dzvi xdm Zd _ �_ y .s if l; u � j p � III _ .► ,, �� �� t -- s t 1 �• 1 Jill, .♦` sr. L.r CL LU • • .. iO-N '� � i a�{'� .ran.• t�. !_, y 'i� o�M° r� � 3 • >> f LLJ 17 a Cl- (Iiw - Q 1. _j of i1° U) ! tll f t�t %OTMI Kit�l 4 _ �® tl -~_ ►; `' =j;'; =O E gill s! t i aj!it 11�HIH#Ifll H ti(fkl# 1, ' , 1 s' 'Sw ;.(HHfll�l4Ki411ffH `iii'1!�l!III�11, �'� , ---- TIIIHI�llllh ~{ �#�� � j- ,. ooa} rslullljlsll(s�! , ♦1.�,♦�,..N: _�IkllEll�NII�'� 1 ;. MH -IN Y�If9!• -- �, P11,161 � � `: .�.J`. _ �- �. `�,n �;- ♦ wajz17'- •Illf�� 1 .��.e - Ilk ♦ - "-. _� \ IitC ���♦♦ .y O{"O�♦ � '� � � .�' _ � � is ♦♦♦♦�. -�` r`� ♦ 1 .YM ; ram` � �� _ _ �. � ♦\ 1 : itr jf ♦\♦ Ii1r #ii� � �►!ri'� +� 1:.7, 1 ;i ♦ /I f� 1 t i` u SITE PLAN REVIEW RESPONSE Case #Za99-113 Review No. 3 Date of Review: 1/14/2000 Name: Site Plan for Gateway, Lots 1&2, Block 2 DEVELOPER COMMENTS 1.a. In order to accommodate the area required for the bank footprint an drive-thru, we are requesting a variance to allow 39' of stacking at driveway C3 instead of 50'. b. The off -site driveway for block 1 will be resubmitted with a mutual access agreement to allow access to Dr. Tate's parking lot. 2.a. We request a variance to allow the elevations as shown and deviate P-2' from the articulation ordinance. b. We request a variance to allow a combination of pitched and parapet roofs on the buildings under 6,000 sf to keep the design consistent with the main portion of Gateway Plaza. SITE PLAN REVIEW RESPONSE Case #Za99-131 Review No. 2 Date of Review: 1/14/2000 Name: Site Plan for Gateway, Lots 3, Block 2 We request a variance to allow a combination of pitched and parapet roofs on the buildings under 6,000 sf to keep the design consistent with the main portion of Gateway Plaza. 2. The off -site driveway for block 1 will be resubmitted with a mutual access agreement to allow access to Dr. Tate's parking lot. 10-1 s City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case ATo:' ZA-113 Review No: Three Date of Review: 1/14/2000 Project Name: Site Plan Gateway Plaza Addition, Lots 1 & 2, Block 2 `APPLICANT: ARCHITECT: Wyndham Properties Ltd. O'Brien & Associates, Inc. 751 E: Southlake Boulevard #130 5310 Harvest Hill Rd #136 Southlake, TX 76092 Dallas, TX 75230 Phone: (817) 329-4599 Phone : (972) 788-1010 Fax: Fax: (972) 788-4828 Attn: T. Wilkinson Attn: Lisa Leslie CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/5/2000 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 LISA SUDBURY AT (817) 481-5581, EXT. 862. General Development Standards Applies IComments Corridor Overlay Regulations Y See Comment No. 2 Residential Adjacency N NA Building Articulation Y See Comment No. 2 Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies with Previously Approved Site Plan Interior Landscape. Y Complies with Previously Approved Site Plan Driveways Y See Comment No. 1 Lighting Y Complies This review is limited to Lots 1 & 2, Block 2, only. A zoning change request and site plan approval for Lot 3, Block 2, is being considered as Case No. ZA99-131.Only one set of plans has been prepared. 1. The following changes are needed regarding driveways ingressing and egressing the site according to the Driveway Ordinance No. 634: a. Provide a minimum 50' of stacking as previously approved on the Concept/Site plans. It appears Driveway C3 does not comply, with approximately 39' of stacking. (Variance Requested) (P&ZAction, 1120100: Allow as shown.) 10 $ S City of Southlake, Texas Show the off -site driveways as previously approved. The off site driveway (C6) and Dr. t, Tate's driveway (Off Site) are shown incorrectly. A revised sito'plan may required to L. amend driveway locations. No off -site driveways may be considered with the plan. 2. The following changes are needed regarding elevations: a. Provide horizontal and vertical articulation meeting the requirements of Ordinance 480, Section 43.9.c. Le. on all facades visible from S.H. 114 and/or F.M. 1709. Compliance with the articulation requirements is as shown on the attached articulation evaluation chart. (Variance Requested) (P&ZAction, 1120100: Allow as shown) b. All buildings under 6,000 square, feet must be constructed with pitched roofs. This plan proposes two buildings (9 & 12) under 6,000 s.f. constructed with a combination of parapet and pitched roofs. (Variance Requested) (P&Z Action, 1120100: Allow as shown) (P&ZAction, January 20, 2000: Approve (7 — 0) subject to Site Plan Review Summary No. 3, dated January 14, 2000, and as noted above) Note: Due to the double frontage lots, dumpster locations are visible from both streets, however, it appears the dumpsters have been located to the defined rear and/or side of the buildings. * 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 this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone, requiring 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: Lisa Leslie, O'Brien & Associates, Inc. VIA FAX: ABOVE Terry Wilkinson, Wyndham Properties Ltd. VIA MAIL: ABOVE Robert Dozier, Lincoln Property Company VIA FAX: 214-877-9099 NACOMMMITY DEVELOPMENIIWP-FILES\REV\99\99113SP3.DOC 2 10 �.; City of Southiake, Texas ARTICULATION EVALUATION REVIEW SUMMARY base►.;-,A-113 Review No: Three Date of Review: 1/14/2000 Project Name: Site Plan — Gateway Plaza Addition, Lots 1 & 2, Block 2 BUILDING lUA Received: 1/52000 NORTH Wail ht. = 22 Horizontal articulation Vertical, articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 66 67 2% 66 67 2% Yes Min. artic. offset 3 4 33% Yes 3 6 100% Min. artic. length 17 24 41% Yes 17 24 41% Yes SOUTH - Wall ht. = 22 Horizontal articulation Vertical articulation Required Provided Delta Okay? , Required Provided Delta Okay? Max. wall length 66 55 -17% Yes 66 55 -17% Yes Min. artic. offset 3 3 0% Yes 3 2 -33% Min. artier length 14 . 12 -14% 14 12 -14% WEST lWall ht. = 23 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 69 35 -49% Yes 69 35 -49% Yes Min. artic. offset 3 5 67% Yes 3 1 -67% Yes Min, artic. length 9 24 167% Yes 9 24 167% EAST lWall ht. = 23 Horizontal articulation Vertical articulation Required Provided_ Delta Okay? Required Provided Delta Okay? Max. wall length 69 35 -49% Yes 69 35 49%o Yes Min. artic. offset 3 5 67% Yes 3 1 -67% Yes Min. antic. length 91 24 167% Yes 9 24 167% t City of Southlake, Texas ARTICULATION EVALUATION REVIEW -SUMMARY Review No: Three Date of Review: 1/14/2000 a 'ro,}ea Name: Site Plan - Gateway- Plaza, Addition, Lots 1 & 2, Block 2 BUILDIIVIG 9 Received: 1/5/2000 NORTH Wall ht. = 23 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 69 -28 -59% Yes 69 70 .1% Min. artic. offset 3 3 00/0 Yes 3 5 67% Yes Min. artic. length 7. 16 129% Yes 17 25 47% Yes SOUTH Wall ht. = 23, Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 69 53 -23% Yes 69 73 6% Min. artic. offset 3 3 00/0 Yes 3 5 67% Yes Min. artic. length 13 45 246% Yes 17 25 47% Yes WEST Wall ht. = 23 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 69 " 26 -62% Yes 69 45 -35% Yes Min. artic. Offset 3 3 0% Yes 3 5 67% Yes Min. antic: Length 7 19 171% Yes 11 24 118% Yes EAST Does not require articulation due to length of wall. %-U may:: ,Case No, , 99� 113 Review No. TwoResubmittal Dated: 12 — 9 - 99 Number of Pages: 1 Project Name: Block 2,'Gateway Plaza (Site Plan Resubmittal)) 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 - 29 - 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: 1. The applicant is proposing to place the plant material from all previously deleted bufferyards along Gateway Drive. Staff has discussed this item with the Landscape Architect and feels that it is the best location for the plant material to be relocated too. The East, 10'-B bufferyard on Lot 3, Block 2; is also an excellent area for any relocated bufferyard plant material to be placed. TREE PRESERVATION COMMENTS: G" * No comments. 1 D-12 BUILDING INSPECTIONS T: r f _m. add Kaci9av vma IVAUro art n "Moll OP6111", f11, ill', IM � UA aoa xvu RIU g a o 0 0 ❑- a ❑ a ❑ ❑ o o ❑ a( ❑ o ❑ ❑ o o ❑ ❑ ❑ ❑ ❑ I y �1 eIP nqs D �� yE - ' r ■ I ■ ICf-13 i ■ ■ �.It !N� ri R ar 6 Tq ta11 YO'tlb.:intl1F49�:'.\:.�\ W1K - QMfltlrl3h]eT> r E] C> ❑ TA. 0 ,O O 0P'O -0 ❑ O ❑ O O ❑ e O O O ❑ Aod"MALWOU iZ'IOOM a s oil i xoux QY PdY"IJ A*M91Y81E t ■ afi Vl tst &M aoa mvw =2 att un Jill fill ❑+❑"O ❑ ❑ ❑ ❑ ❑ ❑.❑ o a o ❑ in z�i N z z- w'. ■ ■ m� ta'gs ox ntno� �r�ac ri xacuaQv vzru AVAU va t r ! • xw" V an Yaa'xru Brie 0- 0", D d O : Q Q O O■ O a D D a 0 a O ■ • ■ ■ o ■ c, ca N J 01 ZIA a 4 w aG O"► �3 N O �Z ■ ■ ■ IS c ■ ■ 0:=a ❑❑ a s o -00o❑ � g�❑ 0 0 ❑ 0� 0 00 o ao x� "da"Ma v 1 A g t ' um" �i mvz vx am _ M _Ill, ! l k z 1itX�,L�H1iIH.1d10/ 5 r a E tiOt$aQY YZY'ti bY11aLYD'E•l � • ��- � i�� I3mg Ic jot Nod Nru at]s vn teat and tsru au: amAn a 0 0❑ 0 0 0 ; 'oTT n❑ o❑❑❑❑ 0❑❑ �z z — c Z I MI - --- loll a I 1 1 I. e 1 1 R 1 1 ■ ■ p', fl 0. 0 ., 0 ❑ O O O o O O O❑ ❑❑ e O❑❑ o il[1�AM LLudou ti'IOOiZtI z svYst 19 VIVMMGS is is� # S a � a aka V� r t =oo�t It un aoa xvu on M� � y� �I ill a rn uoy loa xvu &us MOM 0 0 0 ❑ o ❑ p o ❑ o o ❑ ❑ o e gio ❑ ❑ o ❑ •❑ o ❑ ❑ ❑ ❑ C I 111 . z� �-- OF <� za a� ■. ■ _ o �. c ■ G '1Q-Il zI a ■ ■ ari ez! a:w a: a �a ti ec�:ao-sa!!ssexr,!.+...00•,!w,.e - rac ir.:x=nv 0 00 a 0 0 a '13 �WdRO3 AMWORd 0039n z T-4 I-Sevz :ON a Jill '3xrI=OS Wo j �q=& rpu AvAu" *c .2 m Sm -a ,ll a yj Jill' I is XTU ums metw 8W STId UIS USLUMM 910 0 13 0 0 13 13 0 0 0 0 c G 131 0 1 0 C3 C3 0 10MM, M=Md MOOM T-46*z 'OT-6evz. :ON ago= ISTAG gas t pip It m Info I is swt UN KIVU 298 (MSL&= rl '94t a a I C1 C 0 0 0 cl 0 0 0 0 a 0 0 ;if 1D-A City of Southlake, Texas STAFF REPORT January 28, 2000 CASE NO: ZA 99-131 PROJECT: Ordinance No. 480-327 / First Reading / Rezoning and Site Plan - Lot 3, Block 2, Gateway Plaza Addition STAFF CONTACT: Karen Gandy, Interim Planning Director, 481-5581, ext. 743 Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Rezoning on property legally described as Lot 3, Block 2, Gateway Plaza Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 5365 & 5366, Plat Records, Tarrant County, Texas, and being approximately 1.15 acres. A Site Plan for Lot 3, Block 2, Gateway Plaza Addition will be considered with this request. PURPOSE: Site Plan approval is required prior to issuance of a building permit. LOCATION: On the north side of East Southlake Boulevard (F.M. 1709) across from the intersection with Bank Street. OWNER: Wyndham Properties, Ltd. APPLICANT: O'Brien & Associates, Inc. CURRENT ZONING: "S-P-2" Generalized Site Plan District with limited "C-3" General Commercial District uses excluding the following uses: 22.2 (7) Conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses; 22.2 (16) Lodges, sororities and/or fraternities; 22.2 (17) Deleting the words "and care" but allowing "medical care facilities to include nursing 2t;d care. homes, hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors; 22.2 (18) Mortuaries, funeral homes and undertakers; 22.2 (23) Plumbing and heating appliances, repair and installation services...; 21.2 (8) Business colleges or private schools for vocational training of office related careers, such as stenographers, executive secretaries, etc.; 21.2 (24) Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping; 18.2.A (29) Radio recording and television broadcasting offices and studios; and requiring that Building 13 to be City of Southlake, Texas contained in its own lot and to allow single story 0-1 uses only or a sit-down restaurant with table service within the same pavement ( envelope. REQUESTED ZONING: "S-P-1" Detailed Site Plan District with "0-1" Office District uses, a sit-down restaurant with table service, and retail use. LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Seven (7) RESPONSES: One (1) response was received from within the 200' notification area: • J. Michael Tate, D.D.S., 3101 East Parkway, Southlake, TX, undecided. See attached letter. (Received January 20, 2000.) P&Z ACTION: January 20, 2000; Approved (6-1) subject to Site Plan Review Summary No. 2, dated January 14, 2000, deleting Item #1 (pitched roof) and incorporating the color rendering presented tonight; modifying the requested zoning to read "S-P-l" Detailed Site Plan District with "0-1" Office District uses and sole retail use of interior design, fabric, and upholstery sales; and instructing the applicant to work on language with respect to restaurants and present that language to City Council as an alternative to the approved zoning. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated January 14, 2000. NACommunity Development\WP-FILES\MEMO\99CASES\99-131ZS.doc -76-2 SITE PLAN REVIEW RESPONSE Case #Za99-113 Review No. 3 Date of Review: 1/14/2000 Name: Site Plan for Gateway, Lots 1&2, Block 2 DEVELOPER COMMENTS La. In order to accommodate the area required for the bank footprint an drive-thru, we are requesting a variance to allow 39' of stacking at driveway C3 instead of 50'. b. The off -site driveway for block 1 will be resubmitted with a mutual access agreement to allow access to Dr. Tate's parking lot. 2.a. We request a variance to allow the elevations as shown and deviate 1'-2' from the articulation ordinance. b. We request a variance to allow a combination of pitched and parapet roofs on the buildings under 6,000 sf to keep the design consistent with the main portion of Gateway Plaza. SITE PLAN REVIEW RESPONSE Case #Za99-131 Review No. 2 Date of Review: 1/14/2000 Name: Site Plan for Gateway, Lots 3, Block 2 We request a variance to allow a combination of pitched and parapet roofs on the buildings under 6,000 sf to keep the design consistent with the main portion of Gateway Plaza. The off -site driveway for block 1 will be resubmitted with a mutual access agreement to allow access to Dr. Tate's parking lot. ` C- 3 JOHN MICHAEL TATE, D.D.S. STEVENS. BABER, D.D.S. 3101 E. Northwest Parkway, Suite A Southlake, Texas 76092 817/481-6364 January 20, 2000 City of Southlake Planning and Zoning Commission 1721 E. Southlake Blvd, Suite 100 Southlake, TX 76092 Reference No: ZA99 and ZA99-131 Sir; I have no overall concerns with the general site plan except that the street design fails to show the second curb cut into our west parking lot off Gateway Drive. This curb cut was previously approved by the city. The developer suggested changing the curb cut to the west side of the parking lot, contingent upon an agreement with Lincoln/Kohl to give me 25 (twenty-five) common parking spaces adjacent to our west side. Lincoln/Kohl has not yet agreed to this. Therefore, the present site plan, as presented, is not accurate relative to drive configuration. The only provide lost in other concern I for replacement the development. Sincerely, Micbael Tate, D.D.S. have is that the landscaping design of as many as possible of the trees -70_`f REC JAN " 0 2000, City of Southlake, Texas Tract Map r ZA99-131 -� �T-1 �— -- _ -z 0.5 0 0.5 1 Mles N W E S -7 E-S City of Southlake, Texas Surrounding Property ZA99-131 Owners Property Owner Zoning Land Use Designation 1. Wydham Properties, Ltd. 1. "S-P-2" l . Mixed Use 2. J. Tate 2. "0-1" 2. Mixed Use 3. State of Texas 4. Texas National Bank of Southlake 4. "C-3" 4. Retail Commercial 5. KC Development 5. "C-3" 5. Retail Commercial 6. Gateway Properties JV 6. "C-3" 6. Retail Commercial 7. RAM Interests LP 7. "I-l" 7. Retail Commercial 8. State of Texas 9. State of Texas 10. Wyndham Properties, Ltd. 8. "S-P-2" 8. Mixed Use NACommunity Development\WP-FILES\NOTICE\99Exhibits\9913 I ZSP.doc ❑ O' 0 000 O O❑ 0 00 O O iv g a ANUM00 UH3d0Hd N100NI1 '7' O :d0 M3/1d013A30 V PQIF 111 Z r-r R ss,-esvz VON asv3 had, _ Svxa.L 'zxv-lHlnoSEn dzd'I AdM 1. _ A�yy� V � �� r• �` Q I; 0 w' ,1.� -% %fir ' �J�i'• �y �' '�# * 2 I i ' � I ss s l '�� � � r , � 1� • � /Oat ', t s.� �3 oil Sr. Nkii got I kA ... 00 I; , ,1,p , Ili III I jit f s'ty w � 1 LU 7 �'t - ._ _�•� ��:���� ��,<�_-,11 1\ _` f 1 �� PRM- ^ i � �-,r •� �1 I J a Ir�tii; !1 iiI UN, f11f}It�i g® . -r,� , '`'' ► ; i���, 0 ���Irii� 19i'+N#tfl�iH++f#FIk#�I H j1 I W t ,; � a3��, ■ 1 '1 i 11' 1 'I !IIIIjII tl'Itl! � y,�� y�/IIIII�I�iI'ifllifFNIIIII"� • : � ! I 1 - o ; - / ' `I 11 1 ;j,Ilia lail�i�; CL 411 Hlllll} is 1 1•�i e? �!� /i �� I I � r° , ,te 5` �rV\\ '�il it / � •�t� ' ='=s I ; i �;r 5.�, 1 i� 1 ' , 1 ' :..•.. �._ u ._� �..� rL..+ .� _ r— ��� .�--. _� .J,� ____. ._. a _. .._� �...� City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case'No.: ZA 99-131 Review No: Two Date of Review: 1/14/2000 Project Name: Site'Plan } Gateway Plaza Addition, Lot 3, Block 2 APPLICANT: ARCHITECT: V+ndham Properties Ltd. O'Brien & Associates, Inc. 75I E. Southlake Boulevard #130 5310 Harvest Hill Rd #136 Southlake, TX 76092 - . Dallas, TX 75230 Phone: (817) 329-4599 Phone (972) 788-1010 Fax: Fax: (972) 788-4828 Attn. Terry Wilkinson Attn: Lisa Leslie CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/5/2000 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 LISA SUDBURY AT (817) 481-5581, EXT. 862. General Development Standards 'Applies Comments Corridor Overlay Regulations Y See Comment No. I Residential Adjacency N None Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways. Y See Comment No. 2 Lighting Y Complies `This review is limited to Lot 3, Block 2, only. A revised site plan for Lots 1 & 2, Block 2, is being considered as Case No. ZA99-113.Only one set of plans has been prepared. A zoning change is required on Lot 3, Block 2' due to the proposed retail use. The previously approved S-P-2 zoning limited this lot as follows: "Building 13 to be contained in its own lot and to allow single story 0-1 -uses only or sit-down restaurant with table service within the same pavement envelope". This rezoning removes Lot 3, Block 2, from the original S-P-2 zoning for Gateway Plaza. I . All buildings under 6,000 square feet must be constructed with pitched roofs. This plan proposes a building (13) under 6,000 s.f. constructed with a combination of parapet and pitched roofs. (Variance Requested) (P&ZAction, 1120100: Allow as shown.) 1 City of Southlake, Texas 2. The off -site driveway labeled as C6 and Dr. Tate's driveway (off-site)are not shown as permitted on°the previously, approved plans. A revised site plan of Block 1 and the=Tate properties will have to be processed to allow any driveway changes. (P&-Z Action, January 20, 2000: Approve (6 -1) subject to Site Plan Review Summary Na 2, dated January 14, �2000, incorporating the color rendering presented tonight, modifying the requested zoning to "read "S-P-1 " Detailed Site Plan District with "0-1 " Office District uses and sole retail use of interior design, fabric and upholstery sales, and instructing the applicant to work on language with respect to restaurants and present that to City Council as an alternative to the approved zoning, and as noted above) Note: Due to the double frontage lots, dumpster locations are visible from both streets, however, it appears the dumpsters have been located to the defined rear and/or side of the buildings.. * 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 D1FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning OrdinanceNo. 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 MLKSWOOR .ocalTommunity Development\WP-FILES\REv\99\99131sp2.doc Case No. 22 113 Review No. TwoResubmittal Dated: 12 — 9 - 99 Number of Pages: 1 _-Project Name: Block 2 Gateway'Plaza Site Plan Resubmittal Ctratact 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 29 - 99 . Comments designated with I 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: 1. The applicant is proposing to place the plant material from all previously deleted bufferyards along Gateway Drive. Staff has discussed this item with the Landscape Architect and`feels that it is the best location for the plant material to be relocated too. The East, 10'-B bufferyard on Lot 3, Block 2; is also an excellent area for any relocated bufferyard plant material to be placed. TREE PRESERVATION COMMENTS: * No comments. ■ ■ ow-(( nil H6{iiA�L"+G AI 19'W"r.tilSR'.RNl1uu/'X�W71�R�61 Ri13NYh3 .� o ❑ a ❑ ❑ ❑ ❑' o ❑ ❑ ❑ o ❑ . � ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ I LrYOW LUdOU MODNtI ,' �� IE[ 'iIt'K+VZ 'OK g■Ya !! g ��� i, Ihi �z j.D \O � �',YY'IiLLt10tt� tit szLOI lad Kru Lumail goo z GRIM" � R 0 9. a o o o o o o 13 a o ot i pJ W aI o a ■ • 1 _ 3 al11 b I o ■ ■ ■ ■ ■ n�" C61 ij :1[2{rznri Mt DO'f6iD:i3G5\i1WiD nluu+nL`.Iw�N-84i'.iiry1V.5(\N AwdRol "adoad gloobNwmmnl a T�-devz .0 a z 1-66vz ICT m MAU os oil as xwm It LN VOA a go" llv3U OWSOUROM 9 No a o 0 a a D D 0 a 0 I,Ixwos , M, . 4; " v MI. I. : :ao t�iaas�a r a 68YZ.'6TT-8aYZ =OAI S1 L "jxvI LLf10S �� t `s .p 96umv rzna arrsaa9 'C-i - 1 xma It mi .aod Kna aus ! � Mot!! 1l�ya �� , 1Go 9VI UVI Nod NRa RM GMITAU o ❑.a ❑ To ❑ ❑ ❑ ❑ ❑ ❑ o o r o 0 D. o o `o ❑ o'o ❑ ❑ , i?; N Jill CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-327 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 LOT 3,BLOCK 2, GATEWAY PLAZA ADDITION, AN ADDITION TO THE CITY OF RESTAURANT WITH TABLE SERVICE, AND RETAIL USE 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 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 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-327.DOC Page 1 buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "S-P-2" Generalized Site Plan District with limited "`C-3 General Commercial District uses as described in Ordinance No. 480-290 under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated 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, NACOMMUNITY DEVELOPMEN'nWP-FILES\ZBA\PENDING\480-327.DOC Page 2 v - L& WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-327.DOC Page 3 ��j�'1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Lot 3, Block 2, Gateway ;Plaza Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 5365 & 5366, Plat Records,Tarrant County, Texas, and being approximately-" 1 15 acres, and more fully and completely described in Exhibit "A" from "S-P-2" Generalized Site Plan District with limited "C-3" General Commercial District uses as: described in Ordinance No. 480-290 to "S-P-1 Detailed Site -Plan District with-" 0- 1 " Office District uses, a sit-down restaurant with table service, and retail use as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-327.DOC Page 4 -715r15 SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. N:\COMMUNITY DEVELOPMEIMWP-FILES\ZBA\PENDING\480-327.DOC Page 5 t��' 1 SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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 N:\COMMUNITY DEVELOPMENTWP-FILES\ZBA\PENDING\480-327.DOC Page 6 -1 e 40 as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2000. 5TY.1 o 7 ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-327.DOC Page 7 Lot 3, Block 2, G Texas, according County, Texas, aj EXHIBIT "A" iza Addition, an addition NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-327.DOC Page 8 ?6 —>->— e City of Southlake, Tarrant County, 5365 & 5366, ;'Plat Records, Tarrant EXHIBIT "B" ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ s ❑ ❑ ❑ ❑ ❑ s ❑ ❑ ❑ ❑ `�, 6 "ViRoo Juladoid M703mn 3 �g•';I x 'do 1N3nd073n3a r !�*Eg •_ p00 ii �7r"�l�E� ' If16S6YVZS'ElII'H667VYZ7NvZMflos �Q7hill, NouIQvY., y YJOl9C101104 NVld31IS liYl•Ndssy d.�1 ol ❑Y pl09 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑OO" ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ �9I�Irl�l I,EIII9hI �!!!!!t!! �7�I�IrICI 011!!!!II m!m!!II 066"9°�� [PRIM 0!l!!!!!! 91MM IN UM! !! 0g96��666 0916 i.l6 �111'1�LI ��alaLNgp �7��71»� ..... l oSs D, 1-4 • f }Ca \ 4 i� Y �y' U0 c yy N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-327.DOC Page 9 � 157 —}3 ■ EXHIBIT "C" This page reserved for the approved City Council motion. NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480.327.DOC Page 10 4 r City of Southlake, Texas STAFF REPORT January 28, 2000 CASE NO: ZA 99-114 PROJECT: Ordinance No. 480-322 / 2"d Reading / Rezoning - Carroll Meadows STAFF CONTACT: Karen Gandy, Interim Planning Director, 481-5581, ext. 743 REQUESTED ACTION: Rezoning on property legally described as Tract 2C situated in the Absolom H. Chivers Survey, Abstract No. 299, and being approximately 12.469 acres. PURPOSE: Zoning approval required prior to development. LOCATION: On the west side of North Carroll Avenue approximately 1175' south of East Dove Road. OWNER: 011ie Mae Thrailkill APPLICANT: K. M. Properties, Inc. CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF -IA" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Fourteen (14) RESPONSES: Two (2) responses were received from within the 200' notification area: • Verlin C. Martin, 1090 Primrose Lane, Southlake, TX, in favor. (Received November 29, 1999.) • Val Staley, 1030 E. Primrose Lane, Southlake, TX, opposed. "Such development would change the rural character of the neighborhood. Most residents have lived here 30 or more years, when Southlake was a rural community. Surely there is room in Southlake for a little bit of country amid all the housing developments!" (Received December 9, 1999.) P&Z ACTION: December 9, 1999; Approved (7-0) to table and to continue the Public Hearing to the January 6, 2000, Planning and Zoning Commission meeting. �H City of Southlake, Texas January 6, 2000; Approved (7-0). COUNCIL ACTION: January 18, 2000; Approved (7-0) First Reading on consent. STAFF COMMENTS: Please note that a change of zoning to the "SF -IA" Single Family Residential District does not require a Concept Plan Review by Staff. NACommunity Development\WP-FILES\MEMO\99CASES\99-114Z.doc 11 Sw t—LI I ------------ City of Southlake, Texas Tract rvbp ZA99-114 cip, PM S IV-3 City of Southlake, Texas Surrounding Property Owners ZA99-114 Property Owners Zonin Land Use Designation 1. L. Tate 1. "AG" 1. Low Density Residential 2. C. Richardson 2. "AG" 2. Low Density Residential 3. H. McGuire 3. "AG" 3. Low Density Residential 4. R. Bartholomew 4. "SF -IA" 4. Low Density Residential 5. D. Rockenbaugh 5. "AG" 5. Low Density Residential 6. D. Rockenbaugh 6. "AG" 6. Low Density Residential 7. A. Cercone 7. "AG" 7. Low Density Residential 8. W. Booker 8. "AG" 8. Low Density Residential 9. W. Booker 9. "AG" 9. Low Density Residential 10. V. Martin 10. "AG" 10. Low Density Residential 11. G. Roberts 11. "SF-20A" 11. Low Density Residential 12. G. Ragnarsson 12. "AG" 12. Low Density Residential 13. V. Staley 13. "AG" 13. Low Density Residential 14. R. Morganstean 14. "AG" 14. Low Density Residential 15. K. Mussing 15. "AG" 15. Low Density Residential \\SLKSV400I Local\Community Development\ArcView\Council Exhibits\02-01-OO.doc CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-322 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 TRACT 2C SITUATED IN THE ABSOLOM H. CHIVERS SURVEY, ABSTRACT NO.299, AND BEING APPROXIMATELY 12.469 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 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 DEVELOPMENT\WP-FILES\ZBA\PENDING\480-322.DOC Page 1 L h �1 -v WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-322.DOC Page 2 T 6 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 NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-322.DOC Page 3 1 F.1 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract 2C situated in the Absolom H. Chivers Survey, Abstract No. 299, and being approximately 12.469 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -IA" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration NACOMMUNITY DEVELOPMEI 7MWP-FILES\ZBA\PENDING\480-322.DOC Page 4 1 r 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 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-322.DOC Page 5 v zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2000. NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-322.DOC Page 6 `V,ID MAYOR ATTEST: CITY SECRETARY 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\480-322.DOC Page 7 `1F•11 EXHIBIT "A" BEGINNING at a 5/8" iron pin found in the west line of said Thrailkill tract for the southwest corner of a tract of land described in a deed to Lanny M. Tate and wife, Carolyn Kay Tate, recorded in Volume 6435, Page 944, Deed Records, Tarrant County, Texas, said pin lying by deed call, 377.6 varas South, 1280 feet North 89 degrees 14 minutes East and 297.4 feet, South 01 degrees 33 minutes East of the northwest corner of the A. H. Chivers Survey; THENCE EAST at 1,275.96 feet passing a 5/8" iron pin in the west line of North Carroll Avenue for the southeast corner of said Tate tract, in all, a total distance of 1,291.91 feet to the center of North Carroll Avenue and to the east line of said Thrailkill tract; THENCE South 00 degrees 47 minutes 47 seconds West a distance of 490.26 feet along North Carroll Avenue to the most easterly southeasterly comer of said Thrailkill tract; THENCE North 89 degrees 16 minutes 13 seconds West at 17.10 feet passing the existing west lie of North Carroll Avenue, in all, a total distance of 208.25 feet to a %" iron pin found for s southeast comer of said Thrailkill tract; THENCE South 00 degrees 16 minutes 58 seconds East a distance of 22.56 feet along an east line of said Thrailkill tract to a 5/8" iron pin found; THENCE North 89 degrees 15 minutes 25 seconds West a distance of 253.06 feet to a'/" iron pin found; THENCE North 89 degrees 08 minutes 50 seconds West a distance of 252.88 feet to a'/" iron pin found; THENCE North 89 degrees 04 minutes 25 seconds West a distance of 249.55 feet to 3/8" iron pin found; THENCE North 00 degree 10 minutes 41 seconds East a distance of 316.04 feet to a fence post for the northeast comer of a tract of land described in a deed to Robert J. Morganstean and wife, Margie D. Morganstean, recorded in Volume 7246, Page 1110, Deed Records, Tarrant County, Texas; THENCE North 89 degrees 25 minutes 43 seconds West a distance of 324.44 feet to a %" iron pin found in the west line of said Thrailkill tract for the northwest comer of said Morganstean tract; THENCE North 00 degree 35 minutes 42 seconds East a distance of 179.78 feet to the POINT OF BEGINNIG, said described tract containing 12.469 acres of land. N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-322.DOC Page 8 T-1z City of Southlake, Texas STAFF REPORT January 28, 2000 CASE NO: ZA 99-127 PROJECT: Resolution No. 00-14 / Specific Use Permit for a church / St. John's Missionary Baptist Church STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Specific Use Permit for a church per Zoning Ordinance No. 480, Section 45.1 (2) on property legally described as Lot 1, Block C, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-214, Page 60, Plat Records, Tarrant County, Texas, and being approximately 1.66 acres. A Concept Plan will be considered with this request. PURPOSE: Church uses may be permitted within the "I-1" Light Industrial district by SUP approval. LOCATION: 2805 Market Loop, Suite 300, being on the northeast corner of the intersection of Market Loop and Exchange Boulevard. OWNER: SLJ - Commerce -Exchange II, Ltd. APPLICANT: St. John's Missionary Baptist Church CURRENT ZONING: "I-1" Light Industrial District LAND USE CATEGORY: Industrial NO. NOTICES SENT: Seven (7) RESPONSES: One (1) response was received from within the 200' notification area: Richard J. Muller, 540 Commerce, Southlake, TX, in favor, "I am in favor of the request." (Received January 12, 2000.) One (1) response was received from outside the 200' notification area: • Karen L. Robertson, Manager, Noise Compatibility Office, DFW International Airport, 3200 East Airfield Drive, DFW Airport, TX, opposed. See attached letter. (Received January 20, 2000.) P&Z ACTION: January 20, 2000; Approved (7-0) subject to Specific Use Permit Plan Review Summary No. 2, dated January 14, 2000. STAFF COMMENTS: Attached is Specific Use Permit Plan Review Summary No. 2, dated January 14, 2000. NACommunity Development\WP-FILES\MEMO\99CASES\99-127SU.doc 1G -I ..-- -- ---- ••• -•.. �,i.,n.auut�sst a t}UPP 8VC$ ID-9725749645 Fw000� M� DallaciFors Worth International Airport January 20, 2000 Ms- Ann Creighton, Chairman Planning & Zoning Commission City of Southlake 1721 E. Southinke Blvd., Suite 100 Southlake, Texas 76092 RE: Planning & Zoning Commission Agenda item Reference No. ZA 99-127 Dear Ms. Creighton: PAGE 2/2 Please allow me to address an agenda item slated for the January 20 2000 meeting of Southlake's Planning & Zoning Commission. The agenda is to consider a Specific Use Permit for the St. John's Missionary Baptist Church to use an existing building located on the northeast comer of the .intersection of Market Loop and Exchange Boulevard, Case No. 7-A-99_127. For reasons stated below, the Dallas/Fort Worth International Airport Board (°DFW') onaows the proposed Specific Use Permit The property is situated within the DFW's 75 UNL noise contour according to the Airports Official Noise Contour. Being located only 2 statute miles from the end of Runway 13R/31 t_, the property is subject to routine overflights as low as 400 feet above ground over the proposed site. Further, since the building shell is compiete, it cannot be appropriately mitigated, exacerbating the oompatbility matter. The proposed use: Violates the 1988 Federal Settlement Agreement between the City of Southiake, Federal Aviation Administration, DFV1!Airport Board, and Airlines, Is Incompatible with the City'$ own Ordinance 479, Airport Compatible Land Use Zoning Ordinance; is incompatible with FAA Part 150 Noise Compatibility Guidelines. Any one of these facters alone is a masonable basis to deny the use permit. DFW Airport Board urges the City of &xMlake to assist the airport in reducing future noise problems by not approving the proposed Specific Use Permit. Thank you for your consideration. Sincerely, • . •r i�• E ' ra AdMkaamdi * O fem # 3200 F-V A.fr%W atrcx w Post O(ft= DWXt U" ,r DFw Ai"rt. Um 75261-9a2s . 9n!5'a�904 1W City of Southlake, Texas Tract Map r ZA%-127 0.5 0 0.5 1 Niles City of Southlake, Texas Surrounding Property ZA99-127 Owners Property Owner Zoning Land Use Designation 1. Muller-Holdergate Prtnshp Ltd. 1. "S-P-1" 1. Industrial 2. SLJ Commerce/Exchange Ltd. 2. "I-1" 2. Industrial 3. Pima Properties 3. "I-1" 3. Industrial 4. SLJ Commerce/Exchange Ltd. 4. "I-1" 4. Industrial 5. SLJ Commerce/Exchange Ltd. 5. "I-1" 5. Industrial 6. SLJ Commerce/Exchange Ltd. 6. "I-1" 6. Industrial 7. SLJ Commerce/Exchange Ltd. 7. "I-1" 7. Industrial 8. Market Loop Ltd. 8. 4I-1" 8. Industrial 9. L. Burchett 9. "I-1" 9. Industrial 10. J. Wang 10. "I-1" 10. Industrial qG .4 Dec-17-99 04:31P stjohn P.O1 ST. JOHN BAPTIST CHURCH rhpnind 1921 1701 W. Jefferson Street �;N�a :!' : ^:�.. Church: (214) 264-1483 Fax: (214) 264-9861 TX 75051 ' ` ' Grand Prairie, !�-. Oenny D. Davis, Pasu,r December 17, 1999 Southlakc City Council and Planning and Zoning Commission The St. Jolui Missionary Baptist Church, of 1701 W. Jefferson St. Grand Prairie, Texas, has received a tremendous amount of request for the establishment of a satellite worship center ill your are a. We have started a worship service which is currently meeting at the 1)FW Sheraton Hotel. This service takes place each Sunday at 5:00 p.m. We would like your approval to establish a worship center at 2805 Market Loop, Suite 300, Southlakc, Texas. Upon your approval our plans will consist of the following Sunday morning worship schedule: 9:00 am. a church school, 10:00 a.m. worship service, which will end at approximately 12:00 P.M. We also would like to offer a Tuesday evening Bible study between the hours of 7:00 p.m. until 9:00 p.m. Our primary ministry busiticss will be conducted Crom our main church in Grand Prairie. However, there is a possibility that we will place a receptionist in the Southlakc building Tuesday duu. Friday 10:00a.m. until 5:00 p.m. We prayerfully submit these plans for your approval. In Christiatt Service, i / re, Y Denn Davis, Senior Pastor �w Nat after the„fle'.ch, but uper the spirit.. (Rumuns 8: !.4) 1G 5 City of Southlake, Texas SPECIFIC USE PERMIT PLAN REVIEW SUMMARY ' Case No: ZA 99-127 Review No: Two Date of Review: 1/14/00 Project Name: Specific Use Permit — St. John's Missionary Baptist Church, Lot 1, Block C, Commerce Business Park APPLICANT: St. John's Missionary Baptist Church 1701 West Jefferson Grand Prairie, TX 75101 Phone: (972) 264-1483 Fax: (972)-264-9861 Attn: Rev. D. Davis ENGINEER: B. C. I. 4700 S. Edgewood Terrace Fort Worth, TX 76119 Phone: (817) 536-6050 Fax: (817) 536-8750 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/20/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KEN BAKER (817) 481-5581, EXT. 753 General Development Standards Applies Comments Corridor Overlay Regulations N NA Residential Adjacency N NA Building Articulation N NA Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y Complies Lighting Y Applies only to any new lighting added to site All buildings and improvements shown are existing. This Concept Plan has been submitted solely for the purpose of reviewing this Specific Use Permit request. No new construction is proposed by this plan. Up to 100% of the parking spaces required for a church may be used jointly with other uses, within 300' of the building, which do not normally have the same hours of operation. In any cases where the required parking spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned. This agreement must be approved as to form by the City Attorney and shall be filed with the application for a building permit or certificate of occupancy. 1 %.6 City of Southlake, Texas P&ZAction, January 20, 2000: Approved (7-0) subject to Specific Use Permit Plan Review Summary No. 2, dated January 14, 2000. * Subject property is located within the Airport Overlay District. The "Ldn" (Yearly Day -Night Average Sound Level in decibels) from aircraft landing is 75. The applicant should consider measures through design and construction that would be incorporated to achieve a noise level reduction of 35 decibels. * Denotes informational comment cc: Rev. Denny Davis, St. John's Missionary Baptist Church VIA FAX: ABOVE B.C.I. VIA FAX: ABOVE John Dorety, SLJ-Commerce-Excange II VIA FAX: 817-481-4070 MUSV4001\LOCAL\COMMUMTY DEVELOPMENMWP-FILES\REV\99\99127SUP2.DOC 2 w O - - - ------------ 4 01 im �G�B 01110 II conlama 14 R. 6.0In. x 11 B. 0.0In. 16 R, &0In. x 11 IL 6.0 in. Beth 7ft. xBIL oe 13fLx12ft. II � t II 7M1.xa M Mukn Loop, Ste 300 Sale 1:8 . -�1 M Z O G ME �j cwo G- Q JIM A c J Resolution No.00-14 Page I RESOLUTION NO.00-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A CHURCH ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK C, COMMERCE BUSINESS RECORDS, TARRANT 'COUNTY, TEXAS, AND BEING APPROXIMATELY 1.66 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for a church has been requested by a person or corporation having a proprietary interest in the property zoned as "I-1" LightIndustrial District; and, WHEREAS, in accordance with the requirements of Section 45.1 (2) of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for a church on the property being legally described as Lot 1, Block C CommerceBusiness Park, an addition to the City of Southlake, Tarrant County, NACOMMUNITY DEVELOPMENIIWP- FILES\ZBA\PENDING\00-14. DOC Resolution No.00-14 Page 2 Texas, according to the plat recorded in Volume 388-214, Page 60, Plat Records, Tarrant County, Texas, and being approximately 1.66 acres, more fully and completely described in Exhibit "A", and as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions, if any, shall be applicable to the granting of this Specific Use Permit: 1. 2. 3. 4. 5. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF 92000. CITY OF SOUTHLAKE BY: ATTEST: Sandra L. LeGrand City Secretary Rick Stacy, Mayor NACOMMUNITY DEVELOPMENT\WP- FILEWBA\PENDING\00-14.DOC I Resolution No.00-14 Page 5 EXHIBIT "B" V V W w m Yl t0 ICI �Y =J~Y�Wi r O � a _ J rt6o rximZJbWgry�]5 �`WJ WONQart1 O yTw �-OCR' 3Z m1 I I I 1 I I ,Ells ill I S I 1 I x till 1 Bill I I I I I���111 a e6 E I I I i I � Sci I I y ( j i ' I I ci N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\00-14.DOC 10 Resolution No. OO-14 Page 3 City Attorney City of Southlake, Texas NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\00-14.DOC IG 12 Resolution No.00-14 Page 4 EXHIBIT "A" NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\00-14.DOC 1G, 0 — City of Southlake, Texas STAFF REPORT January 28, 2000 CASE NO: ZA 99-137 PROJECT: Revised Site Plan — Block 3, Southlake Town Square STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Revised Site Plan for Block 3, Southlake Town Square, on property legally described as Block 3, Southlake Town Square, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 4892 & 4893, Plat Records, Tarrant County, Texas, and being approximately 5.220 acres. PURPOSE: Due to proposed floor increase and resulting building change a Revised Site Plan is required. LOCATION: On the north side of Civic Place approximately 700' east of North Carroll Avenue. OWNER: Southlake Venture West, L.P. APPLICANT: Cooper & Stebbins, L.P. CURRENT ZONING: "NR-PUD" Non-residential Planned Unit Development to include "C- 3" General Commercial District uses. LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Two (2) RESPONSES: None P&Z ACTION: January 20, 2000; Approved (7-0) subject to Site Plan Review Summary No. 2, dated January 14, 2000, deleting Item #3 (articulation) and accepting the articulation as shown on the submittal. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated January 14, 2000. \\SLKSV4001\Loca1\Community Development\WP-FILES\MEMO\99CASES\99-137SP.doc Eh City of Southlake, Texas Tract Map ZA99-137 ff, 0.5 0 0.5 1 Wiles N v,-ivj City of Southlake, Texas Surrounding Property Owners ZA99-137 Property Owner Zonin Land Use Designation 1. Southlake Venture West 1. "NR-PUD" 1. Mixed Use 2. Southlake Venture West 2. "NR-PUD" 2. Mixed Use 3. C. Peterka 3. "NR-PUD" 3. Mixed Use 4. Southlake Venture West 4. "NR-PUD" 4. Mixed Use 5. Southlake Venture West 5. "NR-PUD" 5. Mixed Use 6. Southlake Venture West 6. "NR-PUD" 6. Mixed Use \\SLKSV4001\Local\Community Development\WP-FILES\NOTICE\99Exhibits\99137SP.doc 14-3 0 i o �_ i3 s# y� uyWy�� ii yydal ¢yy� '1 ui�- ��•QLE f i'Yy N W"�� • SOr�':SY? 1ZM__i �Zyp,�i KK •:� �:����M''s V QQ x !! _ �t? �i�? �ii• Wzai b R tl ;I I 1'aa�ggg$� RR k gg b �f I � ilk! E� IH-4 a _n w u) 0 w O cr Q J Cn O w oc 0- COOPER & STEBBINS Cooper & Stebbins, LE,1256 Main Street, Suite 240 Southlake, Texas 76092 Telephone (817) 329-8400 Facsimile (817) 251-8717 January 20, 2000 Mr. Dennis Killough Senior Planner 1721 E. Southlake Blvd., Suite 100 Southlake, TX 76092 Re: Revised Site Plan Review No. Two Dated 1/14/00 Case No. 2A 99-137 Block 3, Southlake Town Square Dear Dennis: Thank you for your review to Cooper & Stebbins, L.P.'s application for approval of a Revised Site Plan for Block 3 of Southlake Town Square. Our comments are as follows (organized in the order raised in your Review): 1. Agreed. Please note that Council approved a Landscape Plan for Block 3 as part of the original Phase I Site Plan submittal. We believe that the plan submitted herewith is consistent with the Landscape Plan as originally approved. We therefore respectfully request approval of the Landscape Plan as submitted. 2. We have delivered to you under separate cover a draft plat revision for your review. We have added a new (additional) easement for franchise utilities and do not propose to abandon the existing easement. Gas line utilities will go into the new easement. Electric, cable, and phone utilities will remain in the existing easement. We will obtain a written agreement from Texas Utilities to relocate or abandon existing lines for any work undertaken prior to approval and filing of the Revised Plat, and in any event would not commence any work inconsistent with the original Phase I Site Plan until obtaining approval of the Revised Site Plan. 1 W) 3. We believe that the building elevations as submitted comply with the approved P.U.D. articulation requirements and that they are consistent' with existing Town Square architecture now in place. We therefore respectfully request approval as submitted. Please do not hesitate to contact myself or Brian Stebbins should you have any questions regarding the above. Sincerely, Frank L. Bliss Executive Vice President cc: Brian Stebbins Jeff Jones Mike Murray Jeff Williams U-6 City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 99-137 Review No: Two Date of Review: 1/14/00 Project Name: Revised Site Plan — Block 3, Southlake Town Square, Phase I APPLICANT: ARCHITECT: Cooper & Stebbins, L.P. Graham Associates, Inc. 256 Main Street, Ste 240 616 Six Flags Drive, Suite 400 Southlake, TX 76092 Arlington, TX 76011 Phone: (817) 329-8.400 Phone: (817) 640-8535 Fax: (817) 251=8717 Attn: Frank Bliss Fax: (817) 633-5240 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/11/00 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 Development Standards Applies Comments Corridor Overlay Regulations Y Residential Adjacency N Building Articulation Y See Comment No. 3 Masonry Standards Y Complies Impervious Coverage N Bufferyards Y None required Interior Landscape Y See Comment No. 1 Driveways Y Complies with approved previously approved plans. * No specific review or approval is intended for the Site Plan Index Map. It has been provided for informational purposes only. 1. Landscape plan is subject to City Council approval. 2. Proposed building encroaches existing easements. A Plat Revision must be processed and approved, abandoning and relocating easements prior to issuance of a building permit for this revised plan. Approval of franchise utility companies will be required on the face of the plat. 3. Provide vertical and horizontal articulation in compliance the development regulations for the P.U.D. Compliance with articulation requirements are as shown on the attached evaluation chart. (P&ZAction, 1120100: Delete and accept as shown) ` 9-1 P & ZAction, January 20, 2000: Approved (7 — 0) subject to Site Plan Review Summary No. 2, dated Jdnuwy 14, 2000, and as rioted above. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit for this revised plan a Plat Revision 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. * Please be aware that any change of tenant/owners with a request for a new C.O. requires compliance with all parking regulations and that all fire lanes comply with the Fire Department's requirements. * Denotes Informational Comment cc: Cooper and Stebbins - Frank Bliss VIA FAX: ABOVE Graham & Assoc. Jeff Williams VIA FAX: (817) 633-5240 Beck Architecture Mike Murray VIA FAX: (214) 522-8537 L:ICOMDEv\wP-FILESUREW SPLAN-I . WPD 10 Articnlation Evaluation No.Z Case. -No. ZA 99-137 Date of Evaluation: 1/14/00 i Elevations for ' Southlake. Town Sq. Bldg. 3C 'eceived: 1/li/00 I Rear - facing: North wall ht . _ 35 Horizontal articulation Vertical articulation Required Providedi Delta Okay? Required Provided Delta Okay? Max. wall length 10S 155 48% No 105 66 -37$ Yes Min. artic. offset, 5 30 S00% Yes s 3 -40% No Min. artic. length 27 18 -331 No 10 23 130% Yes Front - facing ` South lWall ht . -1 34 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length, 102 263 158% No 102 113 lit No Min. artic. offset. 5 85 1600% Yes 5 4 -204 No Min. artic. length 26 40 54% Yes 26 20 -23% No Right - facing: East wail ht. 34 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 102 85 -17%-1 Yes 102 85 -17% Yes `in. artic. offsed s 7 40% Yes{ 5 7� 40% Yes in. antic. length 21 18 -14%- No 21 18 -14% No Left - facing: West' wall ht . = 34 Horizontal articulation Vertical articulation Required Providedl Delta Okay? Required Provided Delta Okay? Max. wall length. 102 871 -15% Yesl 102 87 -15I Yes Min. antic. offseq 5 10 100% Yesl 5 10 100* Yes Min. artic. lengt 22 221 C Yes 22, 22 0% Yes A u T iv, gilt ICI Alh Ii is U ;D z z rn pp I tu 'n x WO YLL ir. c Ij i HUM il� �� � •!ii■I ' :;I Nis oil IONIC ISE IN �m ilm ■�t���rr,■ Ili f''� � .' i„ I`�I �'7 '■■;mil �w: ` IM01 L;�:. a .•ems I ,�z :. NEI 1�1 ism r■ i �Am 1=! 'Aim, 1111111110 !fir■ � mill 1■, Jim ua _ '■1 1®' u.m� ,® �■� III ■rI, I■ � it I�� G IsNMI le■■1 illol ISM :MR NMI IIlrrrl I■ '�, � _ i I'� ■ ■ ■■i �- a�i 1® nwl 1 Li IL■_� ■1 1■ �i wwi � I iwr � �■i 1® '■eI Am 1■I 1■ CD �;� �' I Q�Q ?i Q�q?I ��Z I QkR�) pQ k��l O � ( �F I�I ISf'I.�■rl3i I ! I tY� �RI I�Id� I � 4 I•�l WWyW� NWWf 1WWu' QWy�::a I11 JUi it: V � � - Z� dig s#{- w Ida i ISIM. n' w � ��y ��� �6c n;� � d�Ae��SI ►a�� ig � R � � Z � � � s t C U g W N OCC w 0 8 ,!', i ryas as i E 4,L. I MA .Y. wr 14 wq I! �j ♦ ds Opp . 11� NIII,��, ��� iVIM 11111 111/2 a.. �i< �47 W �Wy Y-•. MyW� YWI T� yW�.g aY j Fwit.. i al!y��igC`^• wZ5yti- LL2 LLZSkfZ �.ti;aA±?s)? '1iAiii. m7F? iP�i? wE?I iw:°.. �w�.�i ri j 3R iA • �'� z Jg ~ 8 OPI g g ve _Y yyt N ®o s ; - s' a e .i- 0 j / s ,It II1WN City of Southlake, Texas MEMORANDUM January 24, 2000 TO: Billy Campbell, City Manager FROM: Karen Gandy, Zoning Administrator, ext. 743 Art Wright, Zoning Assistant, ext. 828 SUBJECT: Second Reading, Ordinance No. 480-II, Non -Residential Carports and Parking Garages Action Requested: Consideration of second reading of Ordinance No. 480-II regarding provisions for carports and multi -level parking garages on non-residential properties. Note that only one change was made to the draft that the Council reviewed during first reading: in the General Criteria section, a provision was added requiring that no vehicle be parked in a parking structure for more than 72 consecutive hours. Background Information: City Council requested that staff prepare regulations for non-residential carports and parking garages as a result of several recent requests for covered parking in development projects. Presently, there are no specific development regulations regarding carports and covered parking in Comprehensive Zoning Ordinance No. 480, as amended. A 120-day moratorium was enacted to allow sufficient time for the Planning and Zoning Commission and the City Council to study, discuss, review and take appropriate action on this matter. The moratorium was due to expire on December 29, but was extended to February 2, 2000 due to the cancellation of the second regular Council meeting this month. Legal Reviews: A draft of this ordinance has been reviewed by the City Attorney. The current draft reflects any recommended revisions. Financial Considerations: Not applicable. Alternatives: May recommend such changes or add conditions to the ordinance as deemed appropriate. Supporting Documents: Proposed Ordinance No. 480-II \\SLKSV4001\LOCAL\COMMUNITY DEVELOPMENMWP-FILES\ZBA\PENDING\DRAFr ORDINANCES\480-11 MEM04.DOC City of Southlake, Texas Consideration of Ordinance No. 480-II, Carports and Parking Garages Karen Gandy, Zoning Administrator January 24, 2000 Page 2 Staff Recommendation: Consider ordinance as approved (7-0) by the Planning and Zoning Commission on November 18, 1999 and the changes recommended during the Joint Work Session of the Council and Commission on December 2, 1999. These recommendations are shown in bold and italics in the current draft ordinance. Specifically, these include: 1) the creation of another SUP (separating carports and multi -level parking garages) and eliminating the option of carports in the 0-2 and commercial districts; 2) the addition of the requirement that the square footage of parking structure footprints shall count toward lot coverage, impervious coverage and required interior landscape area; 3) the limitation of height of attached carports to 20 feet; 4) the option to allow more than 4 spaces under a carport if the structure is not visible from a public R.O.W. nor from a single family property; and 5) the addition of "or similar" building materials, but specifically excluding cement and concrete tilt wall or similar materials. Council Action: On January 4, 2000, Council tabled on consent (6-0) this amendment to January 18, 2000. On January 18, 2000, Council approved on consent (7-0) the first reading of this amendment. \\SLKSWOOMLOCAL\COMMUNITY DEVELOPMENnWP-FILES\ZBA\PENDING\DRAFT ORDINANCESA80-II MEMO4MOC CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-II AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING l.lilCYVl(1 J ;. LiliL. �"LLn 1ru lrLiict�Vrn7 r vi4 i\vtr- RESIDENTIAL PROPERTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the City has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the City; and WHEREAS, the City Council has determined that it is appropriate and in the best interest of the City to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Section 4, "Definitions" of Ordinance No. 480, as amended, is hereby amended by adding \\SLKSV4001\LOCAL\COMMUNI7Y DEVELOPMENTWP-FILES\ZBA\PENDING\DRAFFORDINANCM480.10 MOAMOC (Draft 10, 1/24/00) Page 1 T-3 the following new definitions thereto: GARAGE, MULTI -LEVEL attached to or detached from and being used primarily fc provided for in this ordinanc SECTION 2. Section 45.1 of Ordinance No. 480, as amended, is hereby amended by adding paragraphs (41) and (42) to read as follows: "4'1. Carports for non-residential property, subject to the CS, 0-1, requirements set forth in Section 45,12 of this ordinance, Imo; B`-1, B-2,'1-1,1-2 and S-P-1, S-P- 2 and PUD districts with CS, 0-1, B-1 B-2, I-1, and I-2 uses. SITE PLAN REQUIRED 42 Muni -level ;parking garages for non-residential CS, ©-'1, 4-2,-1, C-2, C-3, C 4, HC property, subject to the requirements set forth in Section B-1, B-2, l-1, I-2,S-P-'1, S-P-2 and 45.12 of this ordinance. PUD SITE PLAN REQUIRED SECTION 3. Section 45 of Ordinance No. 480, as amended, is hereby amended by adding Section 45.12, to read as follows: "45.12 SPECIFIC In addition to the underlying zoning ,district regulations and any other \\SLKSV4001\LOCAL\COMMUNITYDEVELOPMENTWP-FILES\ZBA\PENDING\DRAFTORDINANCESA80-Im10AMOC (Draft10, 1/24/00) Page 2 -7 q General Criteria 1) No parking structure shall be located closer to the front building lint than the principal structure on the property. 2) No parking structure shall encroach into a designated bufferyard . 6) j4 motor vehicle may he parked in a parking structure for no more than seventy-two (72) consecutive hours. Development Regulations for Non -Residential Carports Detached Carports: No detached carport shall exceed one story or fourteen (14) feet in height. The height of a detached carport shall be measured from the finished grade to the highest paint of the roof. 2) Structure Design: Roof: The roof of detached carport shall be pitched \\SLKSV4001\LOCAL\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\DRAFTORDINANCES\480-ImIOA.DOC (Draft 10, 1/24/00) Page 3 T- J e � .. ; of the principal building - carport shall be.,constructe4 and with the .same matey principal building. Maximum Number of Structures: There shall be no more, than one (1), carport, I attached or detached, per lot. Articulation: Any exterior facade shall comply with Section 43.13.d Pawing: No carport shall be erected over any parking space not constructed of an all-weather surface. 1) Height:1n all districts, multi -level parking garages shall conform to height restrictions for the underlying zoning districts. Height shall be measured from grade. \\SLKSVa001\LOCAL\COMMUNI9Y DEVELOPME I' WP-FILES\ZBA\PENDING\DRAFT ORDINANCESW80-I1])10A.D0C (Draft 10, 1/24/00) Page 4 -'% T 1 .•F' —(P 2) Structure Design: 3) Commercial Uses: ny wall, exposed structural 11 be constructed of the same or sim Ems: A minimum of twenty (20) feet shall be provided between an egress control gate and either he inside edge of a sidewalk' or the inside of the -ight-of-way to minimize conflicts between exiting level parking garages may contain commercial Aich are reasonably related to the principal )catedon the lot with the parking garage. No anal parking shall be required for such \\SLKSWOOI\LOCAL\COMMUNITY DEVELOPMENI�WP-FILES\ZBA\PENDING\DRAFr ORDINANCES\480-I1])10A.DOC (Draft 10, 1/24/00) Page 5 SECTION 4. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. 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 7. 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 parking structures or land use which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, \\SLKSV4001\LOCAL\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\DRAFT ORDINANCESW80-IID10A.D0C (Draft 10, 1/24/00) Page 6 T - r0 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 8. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 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 or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its date of passage and publication as required by law, and shall apply to any project for which an application for site plan approval for the construction of a carport or multi -level parking garage is filed after the effective date of this ordinance, and it is so ordained. NSLKSV4001\L0CAL\C0MMUNITYDEVELOPMFNTI WP-FILES\ZBA\PENDING\DRAFrORDINANCESA80-Im10AMOC (Draft 10, 1/24/00) Page 7 -7�_� PASSED AND APPROVED on the 1st reading the MAYOR ATTEST: day of , 2000. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY \ASLKSWOOMLOCAUCOMMUNITY DEVELOPMENT\WP-FILES\ZBAIPENDING\DRAFrORDINANCFSW80-IIDIOAMOC (Draft 10, 1/24/00) Page 8 City of Southlake, Texas STAFF REPORT January 28, 2000 CASE NO: ZA 99-122 PROJECT: Ordinance No. 480-324 / 2"`' Reading / Rezoning - Tract 2C3, Obediah W. Knight Survey, Abstract No. 899 STAFF CONTACT: Karen Gandy, Interim Planning Director, 481-5581, ext. 743 REQUESTED ACTION: Rezoning on property legally described as Tract 2C3 situated in the Obediah W. Knight Survey, Abstract No. 899, and being approximately 3.561 acres. PURPOSE: Zoning approval required prior to development. LOCATION: 219 Lilac Lane being on the south side of Lilac Lane approximately 200' east of Pine Drive. OWNER/APPLICANT: Sherry Berman CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF -IA" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Fifteen (15) RESPONSES: None P&Z ACTION: January 6, 2000; Approved (7-0). COUNCIL ACTION: January 18, 2000; Approved (7-0) First Reading on consent. STAFF COMMENTS: Please note that a change of zoning to the "SF -IA" Single Family Residential District does not require a Concept Plan Review by Staff. NACommunity Development\WP-FILES\MEMO\99CASES\99-122Z.doc -73-1 I City of Southlake, Texas �-A LLJ Tract Map ZA99-122 Ej tT b, F T,,,7 o� d-A 71j I �,.TT7 ��4 tA All T�, , Iv, -TT- LH 71,1 7 11�/�rL_ 1 i�1 7 T T1 7' A, LE V 0.5 0 0.5 1 Wiles ILI] City of Southlake, Texas Surrounding Property ZA99-122 Owners Property Owner Zoning Land Use Designation 1. S. Talley 1. "SF -IA" I. Low Density Residential 2. W. Ryon 2. "SF -IA" 2. Low Density Residential 3. B. Williams 3. "SF -IA" 3. Low Density Residential 4. J. Fultner 4. "AG" 4. Low Density Residential 5. R. Ramirez 5. "AG" 5. Low Density Residential 6. R. Reitig 6. "R-PUD" 6. Medium Density Residential 7. K. Meyer 7. "R-PUD" 7. Medium Density Residential 8. G. Weber 8. "R-PUD" 8. Medium Density Residential 9. J. Krause 9. "R-PUD" 9. Medium Density Residential 10. J. Welch 10. "R-PUD" 10. Medium Density Residential 11. B. Cepak 11. "R-PUD" 11. Medium Density Residential 12. R. Humm 12. "R-PUD" 12. Medium Density Residential 13. R. Matz 13. "AG" 13. Low Density Residential 14. J. Rudduce 14. "SF -IA" 14. Low Density Residential 15. J. Rudduce 15. "SF -IA" 15. Low Density Residential \\SLKSV4001\Local\Community Development\WP-FILES\NOTICE\99Exhibits\99122Z.doc 17J-3 Andy Berman 817-461-0179 01/06/00 OS:1SP P.001 To: Planning & Zoning From: Sherry Berman Re: Property on Lilac Lane I am sorry that 1 could not be here tonight. I have spoken to Michael Boutte, Lori Fawell and Art Wright. Hopefully this letter will answer all your questions. My husband I currently live with our two children in Timberlake's subdivision. I am originally from Dallas and my husband is originally from Massachusetts. We love Southlake and we plan on staying here at least until our children (ages 5 and 10 now) graduate from high school. Some of you may know me as I am currently chairing the Parks and Recreation Board. We bought 3 1/2 acres from Virginia Carlyle. We would like to build a home that is approximately 5500 square feet. We plan on putting two horses on the property. There are currently two horses and a cow on the property now, but Virginia should be out of the home in the next two weeks. We don't have a particular time frame on this; we would like to build sometime in the next year We want to take it slow, make sure we find the right builder and make sure all of our needs are being met in this home (if that is possible). There is currently a home on the property with a carport. This home is approximately 1500 square feet. We are hoping to rent out the- property for at least 6 months. Until we lind the builder and architect, we arc not exactly sure of our time frame. We understand there is an ordinance saying there cannot be two houses on the property at the same time. The only reason there might be a problem with this would be because our home sold and we moved into the currqt home on the property until our new home is completed. We 1TV OPO lR ►j" the building of our new home with the sale of our existing home so that )yC can move from the home in Timberlake's to the newly constructed home on Lilac. If we anticipate a problem, we will approach the Board of Adjustments for a variance. We will fence the property with a white split rail to keep the homes in. The barn will stay intact although the fiVade will change to match the home. We arc looking to do a home in an Austin hill country style home with a big wrap around porch. It will be brick and austin stone. The new home will sit approximately half way back on the property. If you have any questions, you many reach me at 329-2970 or on my mobile at 706-6061. I hope this answers all your questions Thank you, 13- 4 WD J AN 0 6 ZON CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-324 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 TRACT 2C3 SITUATED IN THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899, AND BEING APPROXIMATELY 3.561 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 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 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-324.DOC Page 1 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-324.DOC Page 2 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 N:\COMMUNITY DEVELOPMEN RWP-FILES\ZBA\PENDING\480-324.DOC Page 3 ru-• I amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract 2C3 situated in the O.W. Knight Survey, Abstract No. 899, and being approximately 3.561 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -IA" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-324.DOC Page 4 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\480-324.DOC Page 5 rff q zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2000. IU,I:�` S)U, ATTEST: CITY SECRETARY NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-324.DOC Page 6 Tj lV Flo Im PASSED AND APPROVED on the 2nd reading the day of , 2000. APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-324.DOC Page 7 I MAYOR ATTEST: CITY SECRETARY EXHIBIT "A" STATE OF TEXAS COUNTY OF TARRANT THAT WHEREAS, Andrew L. Berman and Sherry Berman are the owners of a tract in the 0. W. Knight Survey, Abstract No. 899, situated in the City of Southlake, Tarrant County, Texas, and being the tract described in a deed recorded in Volume 14027, Page 105, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 3/6" iron found at the Southwest corner of the herein described tract, said point being the monunented Southeast corner of Lot 6, of O.W. Knight Additton No. 899, as shown on a plat of record in Cabinet A, Slide 3621, Plat Records, Tarrant County, Texas; THENCE N. 00-08'-05" W. at 796.63 feet passing a capped iron found for the,Norkheast corner of Lot 5 of said .O. W. Knight Addition and continuing in ai.l 827.54 feet to a point in the center of lilac Lane; THKVCK S. 890-20'-11" F.. 122.32 feet along the center of said Lilac Lane to a point in same for corner; :HENCE South at 30.0 feet passing a �" iron set in the Southerly line of Lilac Lane and continuing in all 219.00 feet along the West line of a tract described in Volume 9424, Page 600, Deed Records, Tarrant County, Texas to a I" iron found at the Southwest corner of same; THENCE N. 890-56'-39" E. alon the South line of the last referenced tract 90.31 feet to a " iron found at the Southeast corner of same in the FnmL line of a tract: described in Volume 12615, Page 200, Deed Records, Tarrant County, Texas; THENCE South (base -bearing recorded in Volume 11561, Page 495) 606.95 feet to a 3/8" iron found at the Southeast corner of the herein described tract; THENCE S. 890-55'-42"W. 23.0.69 feet to the POINT OF BEGINNING and containing 3.561 acres. NACOMMUNITY DEVELOPMENMWP-FILES\ZBA\PENDING\480-324.DOC Page 8 1J-�z City of Southlake, Texas STAFF REPORT January 28, 2000 CASE NO: ZA 99-138 PROJECT: Ordinance No. 480-326 / 2nd Reading / Rezoning - Tract 20, R.D. Price Survey, Abstract No. 992 STAFF CONTACT: Karen Gandy, Interim Planning Director, 481-5581, ext. 743 REQUESTED ACTION: Rezoning on property legally described as Tract 20 situated in the R.D. Price Survey, Abstract 992, and being approximately 2 acres. PURPOSE: Zoning approval required prior to development. LOCATION: 4001 T. W. King Road being on the east side of T. W. King Road approximately 1,200' south of West Bob Jones Road. OWNER: Linnia Johnson APPLICANT: Linnie McAdams CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-1B" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Four (4) RESPONSES: Two (2) responses were received from within the 200' notification area: • William E. Lamoreaux, 6967 Blackwood Drive, Dallas, TX, in favor. (Received January 4, 2000.) • Southlake/Solana, Ltd., 2108 Hurd Drive, Suite 200, Irving, TX, in favor. (Received January 6, 2000.) P&Z ACTION: January 6, 2000; Approved (6-1). COUNCIL ACTION: January 18, 2000; Approved (7-0) First Reading on consent. STAFF COMMENTS: Please note that a change of zoning to the "SF-1B" Single Family Residential District does not require a Concept Plan Review by Staff. NACommunity Development\WP-FILES\MEMO\99CASES\99-138Z.doc I M City of Southlake, Texas — Tract Map V j 0 0 r:� "A �IZ4; 0.5 0 0.5 1 Mies N E «" City of Southlake, Texas Surrounding Property ZA99-138 Property Owner Owners Zoning Land Use Designation 1. Southlake- Solana Ltd. 1. "AG" 1. Low Density Residential 2. Southlake- Solana Ltd. 2. "AG" 2. Low Density Residential 3. W. Lamoreaux 3. "AG" 3. Low Density Residential 4. W. Lamoreaux 4. "AG" 4. Low Density Residential 5. R. Savage 5. "AG" 5. Low Density Residential 6. City of Southlake 6. "CS" 6. Public/Semi-Public N:\Community Development\WP-FILES\NOTICE\99Exhibits\99138Z.doc A-3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-326 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 TRACT 20 SITUATED IN THE R. D. PRICE SURVEY, ABSTRACT 992, AND BEING APPROXIMATELY 2 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-111" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 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 WCOMMUNITY DEVELOPMEN nWP-FILES\ZBA\PENDING\480-326.DOC Page I 1K-q WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WCOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\4W326.DOC Page 2 1k b 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 WCOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-326.DOC Page 3 16 �f , W amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract 20 situated in the R. D. Price Survey, Abstract 992, and being approximately 2 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1B" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-326.DOC Page 4 10 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\480-326.DOC Page 5 0 zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY NACOMMUNITY DEVELOPMENnWP-FILES\ZBA\PENDING\480-326.DOC Page 6 1 k-q PASSED AND APPROVED on the 2nd reading the day of , 2000. APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-326.DOC Page 7 IK-lb MAYOR ATTEST: CITY SECRETARY EXHIBIT "A" have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said Linn 0. Johnson a a her separate property and estate of the County`Of Lenton , State of Texas all that certain `Zot,'x4ract or parcel of land, out Of the R.D.-Price survey of 160 acres in Denton County,Teras, and being a portion of that certain land coatreyed by J.D.Jones and wife to June Jones by deed ruary 28th 1981 and of record' in Yol. 251 Page 39 of the yrde of Denton County,Teaas and better described as follows,, z ffis'gInning 165 feet east of the south West corner of said tract of`Isad convsged to June Jones as aferesaid; said beginning corner °be fag:'-- athe seater Of a read; . Onceeast with the southboundary Line of said tract above stem oned conveyed to June Jones as aforesaid 420 feet for corner; Thence north 210 feet for corner; Thence west parallel with the south boundary line of said June Jones tract aforesaid 420 feet to center of said road; Thence south with the center of said road 210 feet to the ;J;ace of beginning and containing two acres of land,a portion of which is included in said roast. NACOMMUNITY DEVELOPMEN nWP-FILES\ZBA\PENDING\480-326.DOC Page 8 R-II City of Southlake, Texas MEMORANDUM January 28, 2000 TO: Billy Campbell, City Manager FROM: Karen Gandy, Zoning Administrator, ext. 743 Art Wright, Zoning Assistant, ext. 828 SUBJECT: First Reading, Ordinance No. 480-HH, Outside Storage and Screening Amendments Action Requested: Consideration of first reading of proposed Ordinance No. 480-HH regarding provisions for outside storage and screening. Background Information: Ordinance No. 480-HH deletes Section 38, "Outside Storage," establishes a new provision in Section 45, "Specific Use Permits" that outside storage be permitted only when granted a specific use permit by the City Council, establishes new regulations for outside storage in Section 45 and revises Section 39, "Screening," addressing some inconsistencies. Provisions regarding outside storage include the following: 1) outside storage may be allowed only with a Specific Use Permit; 2) all outside storage areas shall be screened by a minimum 8' screening wall, except for areas of display and sales of living plant materials and storage areas located on industrially zoned properties having no residential adjacency; 3) outside storage is an accessory use to a principal use; 4) storage must comply with the required setbacks for the principal structures on the lot; 5) storage must be located at the rear or side of the building, but cannot be placed between the principal building and any adjacent public street, noted otherwise in the ordinance. Council Action: On January 18, 2000, Council discussed the ordinance and tabled the first reading (5-2) due to the following unresolved issues: 1) whether or not to allow display of sales items (e.g., vending machines, ice machines, Christmas trees, etc.) and charitable sales events in front of principal buildings; C ATEMP\480-HHMEMO4. DOC I City of Southlake, Texas Consideration of Ordinance No. 480-HH, Outside Storage and Screening Karen Gandy, Zoning Administrator January 28, 2000 Page 2 2) whether or not these displayed items should include living plant materials; 3) whether or not these displayed items should be screened with a wall constructed of masonry or similar materials; 4) whether or not this ordinance would prevent the flea market from operating; and 5) what is the appropriate way to bring existing outside storage / display users into compliance with these new regulations. Staff Recommendation: Although all points of view may not be agreed upon and incorporated into this ordinance revision, I feel that new outside storage provisions must be adopted now to achieve urban design objectives along the corridors and to lessen the impacts of outside storage on adjacent neighborhoods and adjoining properties. I further recommend that existing outside storage uses be given one year after the effective date of this ordinance in which to comply with the new standards. Alternatives: The Council may recommend such changes or conditions to the ordinance as they deem appropriate. Joint Council / Commission Work Session: In December, 1999, the Council and Commission met in work session on this issue. following are the changes discussed during the joint work session: 1) adding the 0-1 and 0-2 districts to the list of district which may apply for the outside storage SUP; 2) adding the requirement of a screening wall for accessory uses permitted to be displayed in front of the principal building; 3) clarifying the provision that chainlink fencing with slats are only permitted screening devices for properties within the I-1 and I-2 districts not having residential adjacency; and C: \TEMP\480-HHMEMO4. DOC 1 t City of Southlake, Texas 4) clarifying the provision that where an existing screening wall or fence Consideration of Ordinance No. 480-HH, Outside Storage and Screening Karen Gandy, Zoning Administrator January 28, 2000 Page 3 constructed by a residential property owner and used to satisfy a nonresidential screening requirement) is destroyed by more than 50% of its value then it is the responsibility of the nonresidential property owner to construct a new screening wall or fence to the current standards. P&Z Action: On January 6, 2000, the Planning and Zoning Commission recommended approval (7-0) of Ordinance No. 480-HH with the following changes / recommendations: 1) striking the following language per my request from Page 7, Section 39.3, for non-residential uses going into a residential district: 2) instructing staff to look into the possibility of implementing this ordinance on existing uses with some type of amortization period and giving them time to comply; and 3) adding a provision for propane refill bottles being placed behind screening walls in front of the principal building (under General Criteria). Financial Considerations: Not applicable. Legal Review: The city attorney's office have not reviewed the current draft, but will do so prior to second reading when they receive clear direction from the Council on the "retrofitting" provision. Debra Drayovitch's comments were incorporated into the previous draft. Additions were shown in bold/double underline and deletions were shown in b sail. C:\TEMP\480-HHMEM04. DOC City of Southlake, Texas Supporting Documents: Ordinance No. 480-HH (redlined/strikeout and clean versions of Draft 12). C:\TEMP\480-HHMEM04.DO-C t CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-HH AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; ADDING ENTIRETY; ..REVISING SECTION39, "SCREENING;" PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, the City has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the City; and WHEREAS, the City Council has determined that it is appropriate and in the best interest of the City to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: C:\TEMP\480-HH12.D0C (Draft 12 dated 01124100) Page 1 i SECTION 1. Section 34.1, "Accessory Uses" of Ordinance No. 480, as amended, is hereby amended by adding the following accessory use thereto: "cc.,' SECTION 2. CS, C-1, C-2, C73, C-4, S-P-1,S-P-2 and PUD" Section 45.1 (27), "Specific Use Permits" of Ordinance No. 480, as amended, is hereby amended by revising the following provision thereto: "27. Outside storage, subject to the requirements of CS, C-1 C-2, C-3; C-4 B-1, B-2, I-1 Section 45.11 I-2, S-P-1, S-P-2, HC, PUD" SECTION 3. Section 45.1 (29), "Specific Use Permits" of Ordinance No. 480, as amended, is hereby deleted in its entirety. SECTION 4. Section 38, Outside Storage, of Ordinance No. 480, as amended, is hereby deleted in its entirety, and said Section 38 shall be reserved for future expansion. C:\TEMP\480-HHI2.DOC (Draft 12 dated 01124100) Page 2 SECTION 5. I [A Section 45, "Specific Use Permits," of Ordinance No. 480, as amended, is hereby amended by adding the following new Section 45.11, to read as follows: "45.11 SPECIFIC REQUIREMEN DISTRICTS a. General Criteria 1. Outside storage shallbe permitted only as an accessory use to the principal use established on the lot or tract of land. 2. Outside storage areas` shall observe all setback :requirements for the principal buildings on the lot or tract of land. 3. No outside storage areas shall building on the lot or tract of lat and any adjacent public street, t and sold through outside stor firewood, prepackaged ice, venc outside for sale beginning one December 31) and charitable s organizations provided that the days at any one location. The C( display and sale of 'living pl building and any public right-( and maintained mi a safe and or( the area of living plant materk wrought iron fence panels an located forward of the principal nor between the principal building pt for uses traditionally displayed -; such as, newspapers, bundled machines, Christmas trees (stored ek before Thanksgiving through s events sponsored by non-profit nt not exceed five (5) consecutive cil may also consider allowing the material between' the principal vay provided the area is arranged y manner. If the Council requires to be enclosed, a combination of aasonry materials similar to the 4. All areas of outside storage must be constructed of an all-weather surface material and shall be exclusive of any required parking. 5. Outside storage by transient salespersons is prohibited. 6. Outside <storage shall comply with the screening and bufferyard requirements set forth in Sections 39.2 and 42, respectively, of this ordinance. 7. Materials stored outside, excluding vehicles, trailers, and mobile CATEMP\480-HH12.D0C (Draft 12 dated 01124100) Page 3 1 achinery or equipment, shall be stacked no higher than one`(1) fool ;low the top of the screening device. b. Additional, Screeninu Criteria For all properties with non-residential uses, except those properties zoned I -I and.I=2 which have no residential adjacency, the following shall apply: 1. Outside .storage. screening (except for areas of ;display and sales of living plant materials) shall be accomplished by the construction of a minimum eight (8), foot wall of masonry, wood, wrought iron, or a combination of these materials 2. The screening wall shall meet the articulation requirements set forth to the principal `building at a later date. C. In granting any specific use permit for outside storage, the City Council may impose such conditions as it deems necessary to ensure that such storage is not visible from adjacent.public rights -of -way and neighboring properties in order to mitigate the potential adverse impact of outside storage upon the neighboring properties, and any other reasonable conditions." SECTION 6. Section 39.2, "Screening Standards," is hereby amended by revising paragraph "e," and adding new paragraphs "g" and "h" to read as follows: "e. A screening device shall be at least 'six (6), feet in height, but not more than eight(8) feet in height unless otherwise specifically permitted or required by this ordinance, or; unless approved as a variance by theCity Council ' in its consideration of a concept plan, development plan, site planor,a specific use permit or unless otherwise approved by the Board of Adjustment. The height of a screening, device shall be the vertical distance between the ground, and the f All mandatory or permissive screening shall be erected and maintained so as not to interfere with or obstruct the view of traffic or constitute a traffic hazard on any public or private street, alley or driveway. g. A chain link fence with slat inserts shall constitute an acceptable screening device only for properties zoned 1-1 and I-2'which are not located adjacent to a residentially zoned lot, tract or lot having an occupied residential dwelling, C:\TEMP\480-HH12.DOC (Draft 10, dated 12122199) Page BA-6 h. and are not located adjacent to street rights -of -way. SECTION 7. Section 39.3, "Residential Districts," is hereby amended by revising paragraph "c" and by adding paragraph "d" to read as follows: "c. Non-residential uses in a residential district shall be screened from view of any adjacent residentially zoned lot or tract or lot having an occupied residential dwelling by a screening device located along the side and rear property lines of such non-residential use to a height of eight (8) feet. d. Where a screening wall or fence is erected between any residential subdivision and any thoroughfare, the following requirements shall apply: (1) No new, fence or screening wall'(which is parallel to, perpendicular to approximately, parallel to, or approximately perpendicular to an existing subdivision screening wall or fence) erected after the effective date of this ordinance shall" be erected to a height which exceed the height of the (W subdivision screening wall or fence. (2) Where'a developer or homeowners' association of an existing subdivision constructs a,wrought iron orother similar non -opaque fence adjacent to any thoroughfare, no screening wall or fence shall be erected after the effective date of this ordinance within the required side or rear yard which is parallel to such, wrought iron or similar non=opaque fence. (3) No existing screening wall or fence shall be repaired, extended or modified unless such repairs, extensions, or modifications are done in a manner consistent With the color, material, or character of the existing screening wall or fence, and any such extension occurs along the entire length of such screening wall or fence; including where such screening walls or fences may be interrupted by streets, alleys, or other access ways." SECTION 8. Section 39.4, "Non -Residential Uses," is hereby amended by changing the title to read "Non - Residential Districts," and by amending paragraph 39.4.b to read as follows: "b. Where a non-residential use abuts a residentially zoned lot or tract or lot having an occupied residential dwelling, a screening device shall be erected along the CATEMP\480-HHI2.DOC (Draft 10, dated 12122199) Page 5 ga- side and rear property lines abutting said residential lot or dwelling to a height of eight (8) feet. Where the district boundary dividing a non-residential district from a residential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the non-residential use, the said parking lot or parking area facing the residential lot shall be suitably screened to a height of not less than three and one-half (3 %2) feet. A variance to this section,'may be approved by the City Council during its review of any concept plan, development plan, or site plan; requiring review by the Planning and Zoning Commissionrand approval by the City Council; or by the Board of Adjustment for all other concept plans, development plans, or site plans. All screening devices shall be properly maintained in perpetuity by the owner of property with:non-residential uses. Failure of the owner to maintain -the screening device shall constitute a violation' of this ordinance." SECTION 9. Section 39.4, "Non -Residential Uses," is hereby amended by deleting paragraph "d," by creating a new paragraph "d," and by revising paragraph "e" to read as follows: "d. Where a non-residential use abuts an existing residential screening wall or fence and a written agreement is executed between the developer and residential property owner, it shall be deemedthe intent of this ordinance to allow the residential screening wall or fence to satisfy that portion of Section 394.b. above (relating to side and rear yard screening) as long as said screening device is maintained in good repair. Should the screening device be destroyed by more than 50% of its fair market value at, the time of destruction, then the owner of the nonresidential property shall construct a new screening wall or fence which meets the requirements of, Section 39.4b. e. Off-street loading areas shall be adequately screened from view of any residentially zoned lot or tract or lot having an occupied residential dwelling or of any other adjacent land use." SECTION 10. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 11. It is hereby declared to be the intention of the City Council that the phrases, clauses, C:\TEMP\480-HH12.DOC (Draft 10, dated 12122199) Page 6 gA-ID sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 12. 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 13. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 14. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. C:\TEMP\484HH12.D0C (Draft 10, dated 12122199) Page 7 9 "-1 l SECTION 15. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 16. This ordinance shall be in full force and effect from and after its date of passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the MAYOR ATTEST: day of , 2000. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2000. MAYOR ATTEST: C:\TEMP\480-HH12.DOC (Draft 10, dated 12122199) Page 8 8A- ►Z CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CATEMM480-HH12.DOC (Draft 10, dated 12122199) Page 9 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-HH AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; ADDING ENTIRETY; REVISING SECTION39, "SCREENING;" PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, the City has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the City; and WHEREAS, the City Council has determined that it is appropriate and in the best interest of the City to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 1 CATEMP\480-HHI2LINED.DOC (Draft 11 dated 01114100 Page 1 R -14 • a (W SECTION 1. Section 34.1, "Accessory Uses" of Ordinance No. 480, as amended, is hereby amended by adding the following accessory use thereto: CS, C-1, C-2, C-3,.C-4 S-P-1,S-P-2, and PUD" SECTION 2. Section 45.1 (27), "Specific Use Permits" of Ordinance No. 480, as amended, is hereby amended by revising the following provision thereto: "27. Outside storage, subject to the requirements of I CS, C-1 C-2, C`-3, C-4, 13-1, B-2, I-1, Section-4- 45.11. 1-2, S-P-1, S-P-2, HC, PUD" In granting a specific use permit for any outside storage, the City Council is authorized to re uire specialized buffering, screening, design and signage requirements and other conditions to ensure .that: the outdoor storage,, display and sale is totally compatible with the specific site and all surrounding land uses. SECTION 3. Section 45.1 (29), "Specific Use Permits" of Ordinance No. 480, as amended, is hereby deleted in its entirety: 2 CATEMR480•HHI2LINED.DOC (Draft 11 dated 01114100 Page 2 SECTION 4. Section 38, Outside Storage, of Ordinance No. 480, as amended, is hereby deleted in its entirety, and said Section 38 shall be reserved for future expansion. 3 C:\TEMP\480-HHI2LINED.DOC (Draft 11 dated 01114100 Page 3 8kk 4 • SECTION 5. Section 45, "Specific Use Permits," of Ordinance No. 480, as amended, is hereby amended by adding the following new Section 45.11, to read as follows: "45.I 1 SPECIFIC REQUIREMENTS FOR OUTSIDE STORAGE IN NON-RESIDENTIAL DISTRICTS 4 CATEMP\480-HHI2LINED.DOC (Draft 11 dated 01114100 Page 4 SA-11 1A [A 3.` 4. All areas of outside storage must be constructed of an all-weather surface material and shall be' exclusive of any required parking. 5. Outside storage, by transient salespersons is prohibited. 6. Outside storage shall comply with the screening and`bufferyard requirements set forth in Sections 39.2 and 42, respectively, of this ordinance., 7. Materials stored outside, excludingvehicles, trailers, and mobile _ 5 C:\TEMP\480-HHI2LINED.DOC (Draft 11 dated 01114100 Page 5 8p ank unery, or equ: w the top of 1 b. Additional Screening Criteria 1` 2. stacked no higr ':ice. SECTION 6. Section 39.2, "Screening Standards," is hereby amended by revising paragraph "e," and adding new paragraphs "g" and "h" to read as follows: "e. ` A screening, device shall be at least six (6) feet in height, but: not more than eight (8) feet in height unless otherwise specifically permitted or required by this ordinance, or unless approved as a variance or. by the City Council in dm4 Iits consideration of a concept plan, development plan, site plan or a specific use permit or unless otherwise approved by the Board of Adjustment.'' The height of a screening device shall be the vertical distance between the ground and the top; of the device. f. All, mandatory or permissive screening shall be erected and maintained so as not to interfere with or obstruct the view of traffic or constitute a traffic hazard on any public or private street, alley or driveway. g. A chain link fence with slat inserts shall yet constitute an acceptable screening device only for properties zoned M and I-2 *A4@a; which are not located C:%TEMP1480-HHI2LINED.D0C (Draft 10, dated 12122199) Page 6 p_ Iq h. SECTION 7. Section 39.3, "Residential Districts," is hereby amended by revising paragraph "c" and by adding paragraph "d" to read as follows: "c. Non-residential uses in a residential district shall be screened from view of any adjacent residentially zoned lot or tract or lot having an occupied residential dwelling by a screening device located along the side and rear property lines of such non-residential use to a height of eight (8) feet. SaW d. Where a screening wall or fence is erected between any residential (1) No new fence or screening wall(which is parallel to, perpendicular to approximately parallel to, or approximately perpendicular' to an existing subdivision screening wall or fence) erected after the effective date of this ordinance shall be W a height aA exceeds the height of the subdivision screening wall or fence. (2) Where a developer or, homeowners' association of an existing subdivision constructs a wrought iron or other similar non' -opaque fence adjacent to any thoroughfare, no screening wall or fence shall be erected after the effective date of this ordinance within the required side or rear yard which is parallel to such wrought iron or similar non -opaque fence. (3) No existing screening wall or fence: shall' be repaired, extended or modified unless such repairs, extensions, or modifications are done in.a manner consistent with the color, material, or character of the existing screening wall or fence, and any such extension occurs along the entire length of such screening wall or fence, including where such screening walls or .fences may, be interrupted by streets, alleys, or other access MOT1T11► ., (` Section 39.4, "Non -Residential Uses," is hereby amended by changing the title to read "Non - Residential Districts," and by amending paragraph 39.4.b to read as follows: C:\TEMP\480-HHIMINED.DOC (Draft 10, dated 12122199) Page 7 U 20 • I • "b. Where a non-residential use abuts a residentially zoned lot or tract or lot having an occupied residential dwelling, a screening device shall be erected along the side and rear property lines abutting said residential lot or dwelling to a height of eight (8) feet. Where the district boundary dividing a non-residential district from a residential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the non-residential use, the said parking lot or parking area facing the residential lot shall be suitably screened to a height of not less than three and one-half (3 I/2) feet. A variance to this section may be approved by the City, Council during its review of any concept plan, development plan, or site plan requiring review by the Planning and Zoning;, Commission and approval by the City Council, or by the Board of Adjustment: for- all other concept plans; development plans, or site plans. SECTION 9. Section 39.4, "Non -Residential Uses," is hereby amended by deleting paragraph "d," by creating a new paragraph "d," and by revising paragraph "e" to read as follows: d. Where a non-resid( a written ag property owner, it and rep Shoulc ,nan construc Section 39.4b.. -eening buts an:exis is exec, ;med the inte ;fy that porti ig as said scr tion, then the v screening residentialscreening wall or fence and d between the developer and residential of this ordinance to allow the residential of Section 39.4.b. above `(relating,to side ung device is maintained in good repair. more than: 50% of its fair market value F owner of the nonresidential property !nce which meets the requirements of e. Off-street loading areas shall be adequately screened from view of any residentially zoned Iot or tract or lot having an occupied residential "dwelling " or of any other adjacent land use." SECTION 10. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, C:\TEMP\480-HHI2LINED.DOC (Draft 10, dated 12122199) Page 8 S n _21 Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances in which event the conflictingprovisions p sions of such ordinances are hereby repealed. SECTION 11. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 12. 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 13. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 14. C:\TEMP\480-HHIMINED.DOC (Draft 10, dated 12122199) n n'„n Page 9g N GJ4/ a � • The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 15. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 16. This ordinance shall be in full force and effect from and after its date of 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: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2000. C:\TEMP\480-HHI2LINED.DOC (Draft 10, dated 12122199) �A,7Q Page 10 11 (� f IU : t ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C:\TEMP\480-HHI2LINED.DOC (Draft 10, dated 12122199) w .1 Page 11 N lO CASE NO: ZA 99-108 STAFF CONTACT: City of Southlake, Texas STAFF REPORT January 28, 2000 PROJECT: Rezoning and Concept Plan - St. Martin -in -the - Fields Episcopal Church Dennis Killough, Senior Planner, 481-5581, ext. 787 Attached is a letter from the applicant requesting for this item to be tabled to the February 15, 2000, City Council meeting. NACommunity Development\WP-FILES\MEMO\99CASES\99-108ZC.TBL.doc f s � January 27, 2000 Lisa R. Sudbury Planner City of Southlake 1721 E. Southlake Blvd. Southlake, Texas 76092 Re: St. Martin -In -The -Field Episcopal Church 223 Pearson Lane Southlake, Texas Dear Ms. Sudbury: Please accept this letter as our request that the Zoning Case # ZA 99-108 for the above referenced project be tabled to the February 15, 2000 City Council. This request is to allow time to prepare for the meeting. Thank you for your consideration in this matter and if you should have any questions please do not hesitate to contact me. Sincerely, v - Samuel T. Jones, ASLA GSBS Batenhorst Inc City of Southlake, Texas STAFF REPORT January 28, 2000 CASE NO: ZA 99-124 PROJECT: Ordinance No. 480-329 / First Reading / Rezoning and Site Plan - Radiology Associates of Tarrant County STAFF CONTACT: Karen Gandy, Interim Planning Director, 481-5581, ext. 743 Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Rezoning on property legally described as a portion of Tract 5D2 situated in the Obediah W. Knight Survey, Abstract No. 899, and being approximately 1.126 acres. A Site Plan for Radiology Associates of Tarrant County will be considered with this request. PURPOSE: Site Plan approval is required prior to issuance of a building permit. LOCATION: On the south side of East Southlake Boulevard (F. M. 1709) approximately 225' west of Byron Nelson Parkway. OWNER: Westerra - Timarron, L.P. APPLICANT: Southlake Imaging, L.L.C. CURRENT ZONING: "R-PUD" Residential Planned Unit Development District, being P.U.D. No. 1, Timarron. REQUESTED ZONING: "S-P-1" Detailed Site Plan District with "O-l" Office District uses and the "C-2" Local Retail Commercial District use of health service facilities LAND USE CATEGORY: Office Commercial NO. NOTICES SENT: Six (6) RESPONSES: One (1) response was received from within the 200' notification area: • Robert Stevenson, 2113 Taxco, Carrollton, TX, in favor. (Received January 14, 2000.) P&Z ACTION: January 20, 2000; Approved (7-0) subject to Site Plan Review Summary No. 3, dated January 14, 2000, deleting Item #1 but noting that the applicant will try to move the building back as far south as possible without encroaching into the southernmost bufferyard and City of Southlake, Texas existing trees; deleting Item #2.a (minimum driveway spacing), and deleting Item #3 (parking). STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated January 14, 2000. NACommunity Development\WP-FILES\MEMO\99CASES\99-124ZS.doc s City of Southlake, Texas Tract Map ZA99-124 low 1111�11 �� � � { -- -- } l� OD 77 r L C- ------- T _ . l-�� 1 _ - �� I T --- �L�-'� - W K� -- 1 � IylL� �7�, F] 1 I� T-T ILL - - Zz 10 1 fir,-� �� ��,, �'I, T -� Cl- J 0.5 0 0.5 1 Wiles a City of Southlake, Texas Surrounding Property Owners ZA99-124 Property Owner Zoning Land Use Designation 1. R. Stevenson 1. "AG" 1. Office Commercial 2. J. Holt 2. "C-2" 2. Office Commercial 3. Southern Home Realty Inc. 3. 44C-2" 3. Office Commercial 4. Southern Home Realty Inc. 4. 440-1" 4. Office Commercial 5. J. Richards 5. "R-PUD" 5. Office Commercial 6. Westerra Timarron LP 6. "R-PUD" 6. Office Commercial 7. City of Southlake 7. "CS" 7. Public/Semi-Public 8. J. Richards 8. "AG" 8. Office Commercial \\SLKSV4001\Local\Community Development\WP-FILES\NOTICE\99Exhibits\99124ZSP.doc �C.4 HEALTHCARE ENVIRONMENT DESIGN I ARCHITECTt RE i'NC:?NEFi2iNG TTER1UR5 January 5, 2000 Ms. Lisa Sudbury, Planner City of Southlake 667 North Carroll Avenue Southlake, TX 76092 Re: Case No. ZA99-124 Southlake Imaging Center HED Project No. 00245 Dear Ms. Sudbury: Per the Site Plan Review Summary No. 2 received on December 29, we request the following items for variance approval: As stated on SP1.0, we request to reduce the required 50'-0" building setback line to 30'-0". By incorporating the lesser building setback line, we are able to provide all parking at the rear of the facility, shielded from street view, and we are also able to increase the landscaped buffer yard from 20'-0" to 30'-0"at the front of the lot. 2. Our second variance request, per SP1.0 is to allow full ingress and egress at the drive along the west property line. The current requirement states that full ingress and egress is only allowed no closer than 500'-0" to the intersection of Byron Nelson Parkway and Southlake Boulevard. We show a deficiency of this requirement by 132 ft. The allowance of this drive enables full access from both east and westbound traffic along Southlake Boulevard to not only our property, but also those adjacent to us. 3. The third request is a variance to the Medical Office parking requirement of 150 SF/space to 200 SF/space. See attached client data regarding patient and staff in Owner letter. Should there be further questions, please call. Sincerely cot!r TT010320.doc/ek Attachments cc: Mr. Mike Hale, HED Ms. Tammy Testa, HED REMD JAN 0 5 2000 '6� Fl_' SIRLE-r. 5A-i_'i2, L�a.[.��- T�--. - iil'; U;4 Kul-'_i , 1 `00o13-500, E.\x (274i 870-4414 Q4. `^ -- -- - -- V VV F'Hlh V1J Vliw VV IV-Cl IU•r%CIaIQIQYX M550VId1CS Oi(Je1V444 �w RArq )i--A Gr l' 7 A It I Jnutrary S, 2000 i DOnniS Killough City of Sotithl►Ilte 1721 E. Southlake Blvd, cite 100 Soull►li►l:e, TX 76092 ' R j Dear Oennis: i At the retpest of n[1r ►nrc ►itet t, . have compiled certain statistical information related to other imaging .,enters owned and operated by Radiology Associatesof Tarrant County. i We appreciate the assistb 1.1ce ytlu have provided in ol►taiuink the occessary approvals which will allow 1.6d plogy Associates t11" I'►rrr,►nl: County to becom a part of,your community. If there is additional inrormation nr.etled, please don,t hesitate to contact me. Sincerely, 41'y n-1-1 li;lliott � CE10 REC'DJAN 052000 816 W Caunon St - F-,r[ `I tali TX 76104 • 817.321.0300 Fax 817.321.b444 www. ratc_com I I at, r1l.0 NV. vlo viiv�) vv io•ci LU•rcaaioiogy Hssociales 61(-JeW444 I Radiology AssocizIes o•f Tarrant County Imaging Con ti?r St 3tistics Pvrnl Six ,Southlake tVenu>z Raga t ul2n 1Ecciastad}I I Square Footage 12,230 i 11,353 2,330 6,000 i lEmpioyees Ist Shift 45 20 3 17 2nd Shift 4 0 2 0 Parking Spaces ! 65 Common lot 22 T Patients Per Hour 12 6 1.5 8 I of equipment by modality: MRI 1 1 1 1 CT 1 1 0 1, Bono Scan 1 1 0 1 X•Ray/Fluoro 3 2 0 1 Mammography 3 1 0 1 Ultrasound 3 1 0 1 Bone Vensitornetry 1 1 0 1 ffCD J�N 0 5 2000 r ' City of Southlake, Texas SITE .PLAN REVIEW SUMMARY : Case No..: ZA 99-124 Review No: Three Date of Review: 1/14/2000 Project Name: Site Plan - Radiology Associates of Tarrant County, Lot 2, Block 61 Timairon Addition APPLICANT: ARCHITECT: Southlake Imaging LLC Healthcare Environment Design 816 W. Cannon Street 2625 Elm Street, Suite 212 Ft. Worth, TX 76104 Dallas, TX 75226 Phone: (817) 321-0312 Phone: (214) 820-2872 Fax: (817) 321-0354 Attn: Lynn Elliott Fax: (214) 820-4414 Attn Jean Hester CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/51 OOO 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 LISA SUDBURY AT (817) 481-5581, EXT. 862. Generat Development StandardsApplies Comments Corridor Overlay Regulations Y See Comment No. 1. Residential Adjacency N None Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y See Comment No. 2 Lighting Y Complies 1. The zoning and subdivision ordinances require a minimum 50' setback along F. M. 1709. The applicant is requesting to decrease this setback to 30'. (Variance Requested) (P&ZAction, 1120100: Allow building line as shown, but noting that the applicant will try to move the building back as far as possible without encroaching into the southernmost bufferyard and existing trees.) 2. The following changes are needed regarding driveways ingressing and egressing the site according to the Driveway Ordinance No. 634: a. Provide the minimum driveway spacings. The northern driveway should be 500' from the Byron Nelson intersection. This plan proposes 368', a deficiency of 132'. (Variance Requested) (P&ZAction, 1120100: Allow driveway spacing as shown) - 1 %A z City of Southlake, Texas b. Provide the distance to the nearest right-of-way intersection, and /or centerline of off -site driveway along F.M. 1709, west of the proposed driveway. 3. Provide parking per Ordinance 480, Section 35.6.b.6.b. The applicant proposes a reduction to the parking requirements per the following chart. (Variance Requested) (P&ZAction, 1/20/00: Allow parking as shown.) Required 8 spaces for 1st 1,000 s.f. plus 1 space per 150 s.f. of medical office space = 44 Proposed 8 spaces for 1 st 1,000 s.f. plus 1 space per 200 s.f. of medical office space = 35 (P&Z Action, January 20, 2000: Approved (7 — 0) subject to Site Plan Review Summary No. 3, *dated January 14, 2000, as noted above) * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a 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. * A letter of permission from the adjacent property owner(s) must be obtained prior to issuance of a building permit for the construction of the off -site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * Denotes Informational Comment cc: Lynn Elliott, Southlake Imaging LLC VIA: FAX ABOVE Healthcare Environment Designs VIA: FAX ABOVE Terry Wilkinson, Nelson Southlake Blvd. J.V. VIA: FAX 817-488-2420 Steve Yetts, Westerra-Timarron, L.P. VIA FAX: 972-529-5540 MUSV4001\LOCAL\COMMUNITY DEVELOPMENT\WP-FILES\REV\99\99124SP3.DOC 2 r (Residential Subdivision Development) Case: 99-124 Date of Review: 12 - 22 - 9 Number of Pages: 1 Project Name: Radiology Associates of Tarrant County (Rezoning / Site Plan) Resubmittal OWNER: PREPARED BY: Westerra — Timarron L.P. Southlake Imaging LLC 6900 W. Virginia Parkway, Suite 206 816 W. Cannon Street' McKinney, TX 75070 Fort Worth, TX 76104 Phone: (817) 481-0135 Phone: (817) 321-0312 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 did submit a Tree Survey. It did not quite meet the requirements of the Tree Ordinance but it is satisfactory for the development. 2. The protected trees farthest South and East. of the applicant's property are approximately seven feet from the Southeast corner of the property and on the adjoining lot. They are approximately nineteen (19) feet from the proposed access drive. Their critical root zone area more than likely will be effected by the access drive but it is difficult to determine how much. They will definitely be effected by the installation of the water lines on the North side ,of the access drive. The tree further to the North will also be effected by the installation of the water lines. * All trenching shall be designed to avoid trenching across the critical root zone of any protected tree. The placement of underground services is encouraged to be located outside of the critical root zone area of protected trees. * 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 buildingencroachment. BUILD TIONS 10 BUILDING INSPECTIONS �' City of Southiake, Texas * Allrequirements and regulations of the Tree Preservation Ordinance 585-A,' apply to the entirety of this lot. Pleasebe aware of the penalties of not applying the tree preservation protection methods required by the Tree Preservation Ordinance 585-A. o, N • O Q 7 NN-m1►M wa a"I'm folioaartaarw, wa�.war.aa•rw�a�r�w waw Was slew • �w • aramarw araau�raw. aaonaawa a =sn.aaaaaoar1•m 01 LN 1 !0 SIVINIM A9WMM fill IM v ^_ 10 Nil 5 (�3nvd ataa►�►•too) ro. ' (AVAA ao wors •ob) f - • i n«.»L Vc1 N0512N NONAS HIrOG w 1« .J07K r IOaI•ar ; lei IL lei - e r ; Z A � I gC-t2 • T rl c II � I 1 1 I JO'ri[ 9 �K I "�pIII ee �Ilj bI II � _ L? I III g +� Fr [ � g r.nssaoH tom' II pt 1 �II N 3 0 I 1 (I e :1 I IT= xomroua 10ts, --A — --- ------- "I" it I it Nair an 000ep Will �� iii MAM CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-329 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 THE WESTERN PORTION OF TA27 = ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R-PUD" RESIDENTIAL TO "S-P-1" COII<IWItCIAL DISTRICT USE OF HEALTH SERVICE FACILITIES 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 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 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-329.DOC Page I SC4 to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "R-PUD" Residential Planned Unit Development District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated 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 NACOMMUNITY DEVELOPMENnWP-FILES\ZBA\PENDING\480-329.DOC Page 2 view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-329.DOC Page 3 gC- ig SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being the western portion of Tract 5D2 situated in the Obediah W. Knight Survey, Abstract No. S99, and being, approximately 1127 acres, and more fully and completely described in Exhibit "A" from "R=PUD Residential. Planned Unit Development District to "S-P-1 " .Detailed . Site Plan District .with " O-1" Office District uses, and the "C-2" Local Retail Commercial District use of health service facilities as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit «C .15 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-329.DOC Page 4 Low and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-329.DOC Page 5 6C.20 fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. WCOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-329.DOC Page 6 yf1 •� I PASSED AND APPROVED on the 1st reading the MAYOR ATTEST: day of , 2000. CITY SECRETARY 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: NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-329.DOC w.2 L Page 7 (LA EXHIBIT "A" PROPERTY DESCRIPTION BEING A 1.127 ACRE TRACT OF LAND SITUATED IN THE O.W. KN; GHT SURVEY, ABSTRACT NO. 899, TARRANT COUNTY, TEXAS AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED N DEED TO TLVIARRON LAND COX"ORATION, RECORDED N VOLUME 12291, PAGE 1038, DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T.). SAID 1.127 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR CORNER IN THE SOUTH RIGHT-OF-WAY (R.O.W.) LINE OF SOUTHLAKE BOULEVARD (A VARIABLE WIDTH R.O.W.), SAID PONT BEING S 89°45'29" W A DISTANCE OF 300.09 FEET FROM A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR THE NTERSECTION OF THE SOUTH R.O.W. LINE OF SAID SOUTHLAKE BOULEVARD AND THE WEST R.O.W. LINE OF BYRON NELSON PARKWAY, (90' R.O.W.), RECORDED IN CABINET A, SLIDE 3445, OF THE PLAT RECORDS OJ' TARRANT COUNTY, TEXAS (P.R.T.C.T.); THENCE OVER AND ACROSS SAID TIMARRON LAND CORPORATION TRACT, THE FOLLOWING TWO COURSES AND DISTANCES: S 85 040'06 E, A DISTANCE OF 74.82 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR CORNER; S 00010'09" W, A DISTANCE OF 294.04 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR CORNER IN THE NORTH LrNE OF LOT 1, BLOCK 1, CITY OF SOUTHLAKE MUNICIPAL COMPLEX, RECORDED IN CABINET A, SLIDE 3675, P.R.T.C.T.; THENCE S 89045'29" W, ALONG THE NORTH LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 163.64 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR CORNER IN THE EAST LINE OF THE REMAINDER OF A TRACT OF LAND DESCRIBED IN DEED TO J.W. RICHARDS, RECORDED N VOLUME 4735, PAGE 129, D.R.T.C.T.; THENCE N 00005'28" W, ALONG THE EAST LINE OF SAID RICHARDS REMAINDER TRACT, A DISTANCE OF 300.00 FEET TO 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR CORNER IN THE SOUTH R.O.W. LINE OF SAID SOUTHLAKE BOULEVARD; THENCE N-89045'29" E, ALONG THE SOUTH R.O.W. LINE OF SAID SOUTHLAKE BOULEVARD, A DISTANCE OF 90.38 FEET TO THE POINT OF BEGINNING, AND y�Ipo CONTAINING 1.127 ACRES OF LAND, MORE OR LESS. F H:'JOBITINLARR0N\96207901`.SDATA`I.079BY008.FNS •UARY S. VEDRQ ... ,sJ 4934 •0Q' N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-329.DOC Page 8 oc .% EXHIBIT "B" i � 7 Nar0J7ri Ns D �m gig 4 a o� I: e s i yyyy N0rlm 1 2wor A§ NW/iOrA 2Y91_ t t 1 SOUTH 5YRON NEL50N PARKYVAYt t A 1 (90' RI6NT OF Y/AY) R t#� 1 (GONLRETE PAVEMENT) y GAB A. 5L0. 3444 / 5"5 — — —.—. — gg -T----- r -r-i-- --------- 7E ------------------- --r-{ -------------------- ----- ---- t it (■C 11 ¢fE , tl a �� 17 li i i!t ii i 11 1 1 i '1 �i 1j o >• ,' t} ®� ! � � ri �n wr I{r I�IIryI�-'T IT'IT�'�-I� I�''� ww��r ��IH6ALTICAl6 ENYMRL@Aun�t9i,o�et r�wA350CU118 0f,�.J1�11AMw`CO. O�ESI� !F iiBB Bi It,.l ao-�+t r It,q es�«u L a O GT1 N O O NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-329.DOC Page 9 4 V%' EXHIBIT "C" This page reserved for the approved City Council motion. N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-329.DOC Page 10 BC-26 City of Southlake, Texas STAFF REPORT January 28, 2000 CASE NO: ZA 99-128 PROJECT: Ordinance No. 480-328 / First Reading / Rezoning and Site Plan - Countryside Bible Church STAFF CONTACT: Karen Gandy, Interim Planning Director, 481-5581, ext. 743 Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Rezoning on property legally described as Lot 2, Block A, Ravenaux Village, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-213, Page 31, Plat Records, Tarrant County, Texas; a portion of Lot 2R2, Block B, Ravenaux Village, an addition to the City of Southlake, Tarrant Country, Texas, according to the plat recorded in Cabinet A, Slide 2120, Plat Records, Tarrant County, Texas; Tracts 6G2 and 6H situated in the Thomas M. Hood Survey, Abstract No. 706; a portion of Countryside Court right-of-way; and being approximately 13.791 acres. A Site Plan for Countryside Bible Church will be considered with this request. PURPOSE: The church is adding additional land to their existing site which does not have appropriate zoning, and is proposing future additions to the site. Appropriate Zoning and Site Plan approval is required prior to issuance of a building permit. LOCATION: On Countryside Court approximately 560' west of North White Chapel Boulevard. OWNERS: Countryside Bible Church, Integrity Development, Inc., and Oliver Billingsley APPLICANT: Countryside Bible Church CURRENT ZONING: "AG" Agricultural District, "CS" Community Service District and "S- P-2" Generalized Site Plan District with "CS" Community Service District uses REQUESTED ZONING: "CS" Community Service District AMENDED ZONING REQUEST: "S-P-1" Detailed Site Plan District with "CS" Community Service District uses (see applicant's attached letter) VD—( f — City of Southlake, Texas LAND USE CATEGORY: Public/Semi-Public; Office Commercial; and Retail Commercial NO. NOTICES SENT: Seventeen (17) RESPONSES: Eight (8) responses were received from inside the 200' notification area: • K. Wayne Lee, 3220 W Southlake Boulevard C, Southlake, TX, in favor. (Received January 12, 2000.) • Catherine Karas, 385 Ravenaux Drive, Southlake, TX, undecided, "Would prefer a split -rail fence instead of an 8 ft. fence. How is the drainage issue being addressed? How is the hammerhead area going to be finished so traffic doesn't cut through the neighborhood?" (Received January 14, 2000.) • Michael G. Dunn, Administrator Countryside Bible Church, 250 Countryside Court, Southlake, TX, in favor, "We desire to consolidate all of our land into one lot and use our land to expand our facilities to accommodate the growing number of people attending our services." (Received January 14, 2000.) • Gary and Elizabeth Fawks, 330 Ravenaux Drive, Southlake, TX, in favor. See attached letter. (Received January 20, 2000.) • John H. Larson, 335 Ravenaux, Southlake, TX, in favor. See attached letter. (Received January 20, 2000.) • James Hacek, Board of Director, Treasurer, Integrity Development, Inc. 700 Gateshead Court, Southlake, TX, Southlake, TX, in favor. (Received January 20, 2000.) • W. L. Oliver, 1515 Ravenaux Court, Southlake, TX, undecided. See attached letter. (Received January 20, 2000.) • Ruth Petersen, Business Manager, Edwin L. Cole Ministries, 251 Countryside Court, Southlake, TX, in favor, "Asset to the neighborhood." (Received January 26, 2000.) P&Z ACTION: January 20, 2000; Approved (6-0-1) subject to Site Plan Review Summary No. 3, dated January 14, 2000, accepting the applicant's request to amend his zoning request to "S-P-1" Detailed Site Plan District with "CS" Community Service District uses and deferring the 8' screening requirement until Phase II. STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 3, dated January 28, 2000. \\SLKSV4001\Loca1\Community Development\WP-FILES\MEMO\99CASES\99-128ZS.doc i 04/0,8/1994, 10:48 8174216623 COUNTRYSIDE BIBLE CH PAGE 01 To. Fax number: cc: From: Date: Fax Transmission No. of pages incl. this one: Dennis Killough - Senior Planner 817-488-9370 Voice: Mike Dunn Tuesday, January 25, 2000 If you do not receive all pages, please contact: (w Subject: Special Instructions: Countryside Bible Church' 250 Countryside Court Southlake, TX 76092 1421-6623 Dear Dennis, In order to give us more flexibility with the City code requirements for buffer yards on our property l am requesting that our property be re -zoned as S-P-1 (Generalized Site Plan District) with CS (Community Service District) uses. Specifically, we would like to delay the 8' screening requirement along the west boundary of our property south of Ravenaux, until Phase I1 of our proposed site plan. Furthermore, neither the church nor our neighbors are in favor of any We of solid wooden fence but would prefer a wooden -rail fence to block vehicle traffic between Ravenaux Place and our church property. In the Lord's Service, Mike Dunn, Countryside Bible Church 0D-3 J AN 5 000 Gary & Elizabeth Fawks 3 3 0 Ravenaux Drive Southlake, Texas 76092 817-424-1999 Karen Gandv Zoning Administrator City of Southlake January 20,2000 Ms. Gandy, We are writing in support of the rezoning and concept plan for Countryside Bible Church with the comments below. We have met with the church and reviewed their plans and believe that we all agree on the following: 1. The ordinance requires and the concept plan shows an eight foot fence or dense evergreen planting along the residential property line. We would support waving that requirement and allowing instead a more open fence such as a split rail fence. We are very concerned that the plantings and fence structure around the turnaround to be constructed at the end of Ravenaux be substantial enough to prevent vehicular traffic from "jumping the curb" to access the parking lot and eventually SH 114. Lighting - we have discussed with the church our concern that the parking lot lighting be as directional as possible to minimize the impact and spill over on the residential properties. Additionally we have requested that the parking lot lights on the new lots closest to the residential property lines be on a timer to turn off at 9 or 10 p.m. The church indicated to us that they do not typically have evening programs and as such this should not present a hardship to them. We have also requested that the lights on the parking lot adjacent to the residential property line be as "state of the art" as possible, so as to further mitigate the lighting impact on the adjacent property, We have found the church to be a good neighbor, we are pleased with the plan they have presented and look forward to their continued growth. Sincerely, Gary Fawks Sp-q OECD .JAN 2 Q 2000 JAN.20.400 i2:37PM NO.2769 P. 2 Planning & Zoning City of Southlake 667 North Carroll Avenue Southlake, TX 76092 RE: ZA99-128, Countryside Bible Church Dear Sirs. 335 Ravenaux Southlake, TX 76092 January 20, 2000 My property is adjacent to the subject lot, being located on the west boundary and south of Ravenaux Drive. If approved, my property will have more linear footage adjacent to the Church's property than any other SF -IA lot in the neighborhood. I am in favor of the request; however, there are several concerns I wish to bring to the P&Z's attention. In the notice that was sent, there was a paragraph referencing S-P-I zoning with 0-1 and C-2 uses. Dennis Killough of the P&Z staff informed me that this paragraph was a clerical error and that the zoning request is only for CS. So my comments are predicated on that correction. The proposed plan includes the addition of a hammerhead turn at the and of Ravenaux Drive. This corrects a deficiency in the City's streets and is a welcome addition. Currently, traffic frequently uses my private driveway to turn around and the larger vehicles sometimes leave tracks on my lawn. I look forward to the addition of the hammerhead in Phase I of the Church's construction. In a January 17s' SPIN meeting for this site plan, we discussed the addition of tall plantings on the east side of the hammerhead to screen the view of the proposed parking lot from Ravenaux. Also discussed was fencing around the hammerhead to prevent traffic from jumping from the dead end to the parking lot as a means of accessing highway 114. As long as the traffic and screening issues are adequately addressed by the Church, I am amenable to any combination of fencing and plantings they wish to install. These should be done in Phase I of the construction. The SPIN meeting also discussed having the parking lot lighting be highly directional lighting that points downward onto the parking areas so that adjacent residential lots are not lit. Also discussed were the use of timers to reduce the times the lights are on, especially in the areas of parking near residential lots. If both of these measures are undertaken, that is acceptable. Initially, I was concerned with drainage coming from the parking lot areas on the south west corner of the site plan. After a conversation with Angela Turner of the City Engineering Staff', my only concern is that the City drainage requirements be strictly enforced and completed, in Phase I of the development. REM JAN 2 0 2000 e p-S JAgr. 20. 2 0,0 0 12 : 37P14 110. 2769 P. 3 There are two requirements, the buffer yard on the west boundary and the fencing requirement, that concern me. The site plan requirements include a 10 foot class C buffer yard. Also there is a requirement to have an 8 foot fence or dense planting to screen the CS site from residential. The rules are that these have to be put in place with Phase I of the Church's construction. The Church has a debt free policy, so the construction is expected to take place in two phases. The parking area on the south west comer is expected not to be completed until Phase II. My concern stems from the fact that my east property line is an old fence line that has a considerable stand of trees on or adjacent to it. These provide adequate screening for Phase I of construction. Also, they help to hold a berm in place that diverts drainage from the site towards Ravenaux Drive where it enters existing storm sewers. To impact these existing trees and brush during Phase I of construction could adversely impact my property. It would also provide unnecessary screening as Phase 11 would not yet be built. I believe the best course of action is to defer the buffer yard and fencing requirements for the west property line from Revenaux Drive south until Phase 11 of construction. At that time, the effectiveness of the drainage plan put in place during phase I can be determined. Looking towards the future, either a future owner or myself may decide to one day thin out the brush or trees along that property line, so the fencing and buffer yard may still be needed. However, at the present time, deferring these requirements to Phase it allows the Church to defer the cost of what will be unnecessary screening and fencing for facilities not yet built. In closing, I am in favor of the proposed site plan as the development will enhance the neighborhood. Deferral of the buffer yard and fencing requirements until Phase II is desirable. Sincerely, John H. Larson LLAY- 4L f^ f/ �� /v Lt% i.J%6cL✓ v t- 44 �A o� C 1,ti', C a Gz ✓ / S �� J- ��.✓L1 i�tt ��t?2.: l -�-fl"C�•"�j / r`t `�� tV".n lt'-L^C-`t-L�� w Cf1J1 �yj� ��n .��r_ .:.✓t�. i (iDi �i.S/ / L �..t �iy�- tq.r �-i C,v'TIr, v -tw �, j CA , c � &ceiueLi{{{ 0# P-tIl 1 IaD'7 City of Southlake, Texas Tract Map ZA99-128 0.5 0 0.5 1 Pfiiles N W E S 8 D-8 City of Southlake, Texas Surrounding Property Owners ZA99-128 Property Owners Zoning Land Use Designation 1. S. Taylor 1. "SF-20A" 1. Medium Density Residential 2. A. Adamcik 2. "SF-20A" 2. Medium Density Residential 3. City of Southlake 3. "AG" 3. Office Commercial 4. State of Texas 4. "AG" 4. Retail Commercial 5. State of Texas 5. "AG" 5. Retail Commercial 6. D/FW-White Chapel Road Ltd. 6. "AG" 6. Retail Commercial 7. L. Wayne 7. "C-1" 7. Retail Commercial 8. L. Wayne 8. "0-1" 8. Office Commercial 9. Edwin L. Cole Ministries 9. "S-P-1" 9. Office Commercial 10. Integrity Development Inc., etal. 10. "S-P-2" 10. Office Commercial 11. S. Richardson 11. "SF -IA" 11. Low Density Residential 12. M. Stevens 12. "SF -IA" 12. Low Density Residential 13. B. Passmore 13. "SF -IA" 13. Low Density Residential 14. D. Karas 14. "SF -IA" 14. Low Density Residential 15. J. Larson 15. "SF -IA" 15. Low Density Residential 16. G. Fawks 16. "SF -IA" 16. Low Density Residential 17. L. Oliver 17. "SF -IA" 17. Low Density Residential 18. V. Tucker 18. "SF -IA" 18. 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E II m ids I �0J w809 I^ / Wawa / - " �� �I \I rA/{`O_ ° rrc \\ - ------- -- -- IIIfAl w \ / �b o -+- / I _ __ W --S g � g n^ a� __-_____-- -- t59 -SIP ` a ° " I u n .G .0-,09 ,o-AC .0-,oS A -At .0-,05 .°-,s I 21 O Yl tz vc ° cr til ml i m° 3:20 d ioi gi F I / nu "ff L — — — — — — = 7NN53 Boymyr O/11nan ,SI ,6L'10t M,60 0 N .)P ¢ A wW 2<UI - "- I Q-Jii� �:grv"S a Gam" 'YX .�E�� J €.N.a :orca j Jwo� gig"<"< �l N SD -1 d LL L.L. W U Z 0 U 0 CC a_ Cl- r/n D 0 ui L.L. 04/Q1/1994. 06:14 8174216623 COUNTRYSIDE BIBLE CH PAGE 01 To: Fax number: cc: From: Date: Fax Transmission No. of pages incl. this one: Dennis Killough - Senior Planner 817-488-9370 Voice: Mike Dunn Tuesday, January 18, 2000 If you do not receive all pages, please contact: Countryside Bible Church /817-421-6623 (w Subject: Schedule of Services Special Instructions: Dear Dermis, Men we talked last week, you mentioned mat the City needed a list of our weekly schedule to aid in Mesa plan approval process. Hera is our weekly schedule. Sunday Moming Services 9:00 AM - 10.15 AM 10:30 AM - 11:45 AM Sunday Evening Servives 6:00 PM - 7.30 PM Tuesday Night 81W Studies 7:00 PM - 9:00 PM Wedhesday Night Bible Studies 7:00 PM - 9.00 PM Thursday Moming OlUe Study 9.00 AM - 11.30 AM Thursday Evening BUS Study 7.00 PM - 9:00 PM If you need further information from us, please let me know. We Dunn, Administrator Countryside We Church FECD JAN 18 2000 OD -II City of Southiake, Texas SITE PLAN REVIEW VIEW SUMMARY Case No.., ZA 99-128 Revised Review No: Three Dataof Review: 1/28/00 Project Name: Zoning and Site Plan - Countryside Bible Church, Lot 2R, Block A, E2r� i Village APPLICANT: ARCHITECT: Countryside Bible Church Loose Architects 250 Countryside Court 201 E. Abram, Suite 720 Southlake, TX 76092 Arlington, TX 76010 Phone: (817).488 5381 Phone: (817) 277-1740 Fax: (817) 421-6623 Attn: Mike Dunn Fax: (817) 277-1777 Attu: 1ir�a �*�Slto�ring CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON inno 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 Development Standards Applies Comments Corridor Overlay Regulations Y Complies Residential Adjacency Y Complies Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies ` Driveways --Y Complies Lighting Y - Indicated to Comply * The original requested zoning change for this property was "CS" Community Service District. The applicant has amended their request to "S-P-1" Detailed Site Plan District, with "CS" Community Service District Uses. l . Provide a grading plan which shows existing grades and the proposed finished grade of the site, with contour intervals not exceeding two (2) feet. ' Spot elevations must be shown at all critical points, including but not limited to edges of pavement, curb returns, building comers,.drainage paths, etc. Include directional flow arrows in all flow lines, and label all existing drainage structures labeled with size, type and flow line elevation. Also show centerline of any water courses and existing drainage easements. Plan must meet the requirements of Public Works Department. Note the benchmark used for the topographical information. This should correspond ILto a City approved benchmark. OD 1 I Z-- 1 r m,► City of Southlake, Texas 2. 8' solid screening (solid fence or dense evergreen plant material) is required along the entire west property line. (P & ZAction, 1120100: Defer until Phase Two Construction) P&Z'Acdon, January 20, 2000: Approved (6-0-1) subject to Site Plan Review Summary No:.3 Oated January 14, 2000, accepting the applicant's request to amend his zoning request to "S-P-1 " Detuileal'Site Plan District with "CS" Community Service District uses and deferring the 8' screening requirement until Phase Il. * Although the traffic thresholds for this site exceed the minimum criteria, which would require a full traffic impact analysis, the City Engineer has waived the requirement. * Existing pavement/parking along the east encroach the adjacent lot and required 5' type `A' bufferyard required along the east. The plan has noted that this is to be removed. * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 65% for the "CS Zoning District. The impervious coverage area percentage of this is approximately 53% at final build out. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All new buildings or additions to existing buildings which would result in a floor area over 6000 sf must have automatic fire sprinkler systems meeting the requirements of the Fire Department. * 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. * Buildings which do not have elevation plans and improvements not shown will require approval of a revised site plan prior to issuance of a building permit. * Denotes Informational Comment cc: Mike Dunn, Countryside Bible Church; Loose Architects; John Levitt, VIA FAX NACommunity Development\WP-FILES\REV\99\99128ZSP3R.doc 2 B D-13 City of Southlake, Texas Case N6.':'"-128 Review No. One Dated: 12 — 9 - 99 Number of Pages: 1 Project Name: Countryside Bible Church (Rezoning/Site Plan) Contact: Keith Martin, Land scape Administrator Phone:(817) 481-5581, x 848 Fax-.. $I7) 421-2175 The following comments are based on the review of plans received on I 29 99 Comments designated with a --(#) symbol may be. incorporated into the formal review to be cons defd 04ifther the Planning and Zoning Commission or City Council. Other items will not be addressedt ,. - t the P&Z or City Council. It is the applicant's responsibility to contact the department representatioi shown above and make modifications as required by the comment. LANDSCAPE COMMENTS: * New construction greater in size than 30% of the existing building or greater than 5,000 square feet shall require compliance with the Landscape Ordinance 544-A as it applies to the entire square footage of the existing building and proposed addition. * The interior landscaping may be broken down in phases as shown on the Site,Plan but a separate chart must be included showing the entire required and provided interior landscaping for the entire development. SUMMARY CHART - INTERIOR LANDSCAPE Landscape % of Area in Canopy -Trees Accent Shrubs Ground Cover Seasonal Area Front or Side Trees Color Ft. Required: 20,290 75% 41 81 507 3,044 406 Provided:1 23,451 75% 40 80 490 2,931 392 *Note any credits used in calculations: a. Other Comments: 1. Total amounts provided as calculated from chart on submitted Site Plan. TREE PRESERVATION COMMENTS: * As far as I can determine only one (1) protected trees will be removed for the construction of the Worship Building. It's location is not shown on the Site Plan. BUILDING INSPECTIONS A- _ - HIM w.: :•-w ••••� ■vxxt •u.Nnoo .Lmvi v . •9xvZsu.not �� ■ •aana ��o��gaaasao� 8 _ JLJLYAsa� >p•T w�a� ra.rr arvyrm . rravr xrv+nwPsrr i _ r----------------Its ,1•I ' 1 - rm-rrrm-m�-h-rrm '• � j �. � � ✓'ter ..i � � 4I 1 1 1 � � L .•..Y141 I AIL) 1LLLLll111.J_L!J tlLULUJI "lad 11ll.�1 1.j7111L11-1.1 I LL I I1 I i f.:� I I n ' + ' ar9 5 ----------- "'------------ --------------------------- ---------'v s---- ' PY rb;= a . �107 s i i I ivxam 'A"noo ZKVWUV41 'aV-txanos •a01JaA�%iMO,O�°� co we'u+ aw.o.ra T1-= i� — — — — — — — — — — — I i I � ` �fTTTfTTTil1Tt`1 ul 1 U r _mn a i tt tit ! _____ ---------------------- as O A y:- CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-328 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 LOT 2; BLOCK A, RAVENAUX TRACT NO. 706; A AND BEING APPROXIMATELY 13.791 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"" FROM "AG" AGRICULTURAL DISTRICT, "CS COMMUNITY SERVICE DISTRICT AND "S-P-2 GENERALIZED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH 46CS99 COMMUNITY SERVICE DISTRICT USES 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 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. N:\COMMUNITY DEVELOPMENnWP-FILES\ZBA\PENDING\480-328.DOC Page 1 WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District, "CS" Community Service District and "S-P-2" Generalized Site Plan District with "CS" Community Service District uses under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated 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 NACOMMUNITY DEVELOPMENTIWP-FILES\ZBA\PENDING\480-328.DOC Page 2 parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-328.DOC Page 3 4 4 tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Lot 2, Block A, Ravenaux Village, an addition to the City of Southlake Tarrant County, Texas; according to the plat recorded in Volume 388-213, Page 31, Plat Records, Tarrant County, Texas; a portion of Lot 2R2, Block B, Ravenaux Village, an addition to the City of Southlake, Tarrant Country, Texas, accordina to the plat :recorded in Cabinet A, Slide 2120, Plat Records, Tarrant Abstract No. 706; a portion of Countryside Court right-of-way; and being approximately 13.791 acres, and more fully and completely described in Exhibit "A" from "AG"Agricultural District, "CS" Community Service District and "S-P- 2 Generalized' Site Plan District with "CS" Community Service District uses to "S-P-1" Detailed Site Plan District,,, with "CS" Community Service` District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." 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. WCOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-328.DOC Page 4 • That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-328.DOC Page 5 8p-�-3 SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-328. DOC Page 6 s D- ay . a 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: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2000. N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-328.DOC Page 7 MAYOR ATTEST: CITY SECRETARY gD-as APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-328.DOC Page 8 r EXHIBIT "A" DEDICATI6N STATE OF TEXAS j COUNTY OF TARRANT THAT WHEREAS, Countryside Bible Church, acting through its duly authorized agent,. Larry Snyder, is the owner of Lot 2, Block A, of Ravenaux Village, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388- 213, Page 31, Plat Records, Tarrant County, Texas. as described in a deed recorded in Volume 10541, Page 2246, Deed Records, Tarrant County, Texas,; a tract in the Thomas Hood Survey Abstract No. 706, as described in a deed recorded in volume1389p,Page 63, Deed Records, Tarrant County, Texas,; and a portion of Lot 2R2,Block B,of said Ravenaux Village as shown on a plat recorded in Cabinet A, Slide 2120, Plat Records, Tarrant County, Texas, as described in a deed of record in Volume , Page , Deed Records, Tarrant County, Texas, being described herein together with a portion of Countryside Court vacated by this plat,by metes and bounds as follows; BEGINNING ata 1/2" iron found at the Southeast corner of Lot 2, Block 1, above referenced, in the North line of Country- side Court, said point being the Southwest corner of Lot 1, Block A, of Ravenaux Village; THENCE S. 660-04'-53" W. 110.00 feet along the Northerly line of said Countryside Court to a 1/2" iron found in same at the PC of a curve to the right having a radius of 224.35 feet, and whose long chord bears S. 830-17'-07" W. 132.72 feet; THENCE with the arc of said curve and said Northerly line a distance of 134.73 feet to a 1/2" iron set in same , at the beginning of a cul-de-sac whose center bears N. 830-15'-44" W. 60.00 feet; THENCE with the perimeter of said cul-de-sac, being a curve to the left, 214.63 feet to a 1/2"iron set for corner; THENCE S. 890-31'-42" W. 462.83 feet to a 1/2" iron set for corner in the west line of Lot 2R2, Block B, above referenced; THENCE N. 00-28'-17 " W. along the west line of said LOt 2R2, being the east line of Lot 1, BLock 1, of Burnet Acres addition as shown on a plat recorded in Volume 388-154, Page 64, and continuing along the east line of a tract described in a deed of record in Volume 7289, Page 1388, Deed Records, Tarrant County, Texas, in all 172.87 feet to a 1/2" iron found at the Southeast oorner of Ravenaux Place Addition to the City of Southlake, as shown on a plat recorded in Volume 388-217, Page 75, Plat Records,Tarrant County, Texas. THENCE N. 00-09'-00" W. along the east line of said addition to 679.79 feet to a 1/2" iron found at the Northwest corner of same, said point being the Southwest corner of a tract described in a deed recorded in Volume 13245, Page 330. Deed Records, Tarrant County, Texas; THENCE S. 880-24'-28" E. 482.63 feet along the south line of the last referenced tract to a 5/8" iron found at the Southeast corner of same; THENCE N. 20-12'-10" E. 74.97 feet along the east line of the last referenced tract to a concrete monument found in the Southerly right-of-way line of Northwest Parkway West, ( State Highway No. 114 ); THENCE Southeasterly with said Southerly right-of-way line,being a cu'veto the left having a radius of 5749.58 feet, and whose long chord bears S.550-24'-26" E. 271.61 feet a distance of 271.63 feet to a 5/8" iron found in same for corner; THENCE S. 1n-01'-34" W. 427.89 feet along the west line of a tract described in a deed recorded in Volume 10192, Page 1045, Deed Records, Tarrant County, Texas, to a 1/2" iron found at the Southwest corner of same, said point being the Northwest corner of Lot 1, Block A, above referenced; ((''''jj�� 1[� (� THENCE S. 230-54'-27" E. 280.55 feet along the West line of saidl� N':� 1J 9 9 Lot I. to the POINT OF AF.GINNING and containing 13.791 ac's. N:\COMMUNITY DEVELOPMENT�WP-FILES\ZBA\PENDING\480-328.DOC Page 9 BD-Y7 r- EXHIBIT "B" �3- R al �+; R$36'',,.n �%111111'Ai�//iI1J 1 bll I>11�• �, ,� ' ti ' � IIIIIiIEIII 1 1131 111111 1 C IID+�, IN NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-328.DOC Page 10 tM EXHIBIT "C" This page reserved for the approved City Council motion WCOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-328.DOC Page 11 I' i City of Southlake, Texas STAFF REPORT January 28, 2000 CASE NO: ZA 99-129 PROJECT: Plat Revision - Lot 2R, Block A, and Lot MR, Block B, Ravenaux Village STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Plat Revision of proposed Lot 2R, Block A, & 2R2R, Block B, Ravenaux Village on property legally described as Lot 2, Block A, Ravenaux Village, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-213, Page 31, Plat Records, Tarrant County, Texas; Lot 2R2, Block B, Ravenaux Village, an addition to the City of Southlake, Tarrant Country, Texas, according to the plat recorded in Cabinet A, Slide 2120, Plat Records, Tarrant County, Texas; Tracts 6G2 and 6H situated in the Thomas M. Hood Survey, Abstract No. 706; a portion of Countryside Court right-of-way; and being approximately 19.799 acres. PURPOSE: Plat is required to reflect changes in ownership and plat before issuance of a building permit. LOCATION: On Countryside Court approximately 560' west of North White Chapel Boulevard. OWNERS: Countryside Bible Church; Integrity Development, Inc.; and Oliver Billingsley APPLICANT: Countryside Bible Church CURRENT ZONING: "AG" Agricultural District and "S-P-2" Generalized Site Plan District with "CS" Community Service District uses LAND USE CATEGORY: Public/Semi-Public; Office Commercial; and Retail Commercial NO. NOTICES SENT: Four (4) RESPONSES: Four (4) responses were received from inside the 200' notification area: • K. Wayne Lee, 3220 W Southlake Boulevard C, Southlake, TX, in favor. (Received January 12, 2000.) MI City of Southlake, Texas • Michael G. Dunn, Administrator — Countryside Bible Church, 250 Countryside Court, Southlake, TX, in favor, "We desire to consolidate all of our land into one lot and use our land to expand our facilities to accommodate the growing number of people attending our services." (Received January 14, 2000.) • James Hacek, Board of Director, Treasurer, Integrity Development, Inc. 700 Gateshead Court, Southlake, TX, Southlake, TX, in favor. (Received January 20, 2000.) • Ruth Petersen, Business Manager, Edwin L. Cole Ministries, 251 Countryside Court, Southlake, TX, in favor, "Asset to the neighborhood." (Received January 26, 2000.) P&Z ACTION: January 20, 2000; Approved (6-0-1) subject to Plat Review Summary No. 2, dated January 14, 2000, deleting Item #4 (minimum 60' right- of-way). STAFF COMMENTS: Attached is Plat Review Summary No. 2, January 14, 2000. NACommunity Development\WP-FILES\MEMO\99CASES\99-129PR.doc U61 City of Southlake, Texas Tract Map ZA99-129 0.5 0 0.5 1 Mies N W E City of Southlake, Texas Surrounding Property Owners r ZA99-129 Property Owners Zonin Land Use Designation 1. L. Wayne 1. 99C-1" 1. Retail Commercial 2. L. Wayne 2. "0-1" 2. Office Commercial 3. Edwin L. Cole Ministries 3. "S-P-1" 3. Office Commercial NACommunity Development\WP-FILES\NOTICE\99Exhibits\99129PR.doc 6914 January 16, 2000 City of southlake Community Development Att'n; Lisa Sudbury Re; Plat Revision -Lot 2R, Block A, and Lot MR, Block B Ravenaux Village; ZA 99-129 The comments ors Plat Review No. Two dated 1-14-2000 have been, or will be addressed priar'to submittal of final plat. RECD JAN 18 2000 SURVEYINli CO., INC. P«+ vw ;�,"ce: ilia-o2sa MIM1 t17 281-5411 if V J I.; I eE3M, if it l ME- t !21j, if! pp.- 7 1 i! « I 8.--. -ii jig if.; �j -, -* J 7 0 FRU a 86-W (A 4 —J X z < 0 x FJ LJ N LLI z Owl O Zwe -J I ZIS o z o < V) j CL 0 ME I � � vwx•wf tv . . woes • .+s• riot o� as: I�;t , D goal is o. ` ' �f a a l all, a o t ! E last .._ ai .• .. fc.os „tf ovv � z b w 1 >o•K •�[fcas• I —J -crij . I' ti j s>b aer Mom:•/ �.: oar ravrvwnro 8 X)019 zq, Sim - Y X3011 11 1 s101 3W11A XnYN3AYS iVid JYNld Y - h� V Q Y a i eO =Q . i! ,Ex �y E a i I _—-----__fi fit • t.Of ---_ F._ 0E-1 Case No: ZA 99-129 City of Southlake, Texas LAT REVIEW SUMMARY Review No: Two Date of Review: 1/14/2000 Project Name: Plat Revision - Lot 2R, Block A, and Lot MR, Block B, Ravenaux Village, being a revision of Lot 2, Block A, and Lot 2R2, Block B, Ravenaux Village, and being 19.799 acres out of the T.M. Hood Survey, Abstract No. 706 APPLICANT: Countryside Bible Church 250 Countryside Court Southlake, TX 76092 Phone: (817) 488-5381 Fax: (817) 421-6623 Attn: Mike Dunn SURVEYOR: Ward Surveying Co., Inc. P.O. Box 820253 Fort Worth, TX 76182-0253 Phone: (817) 281-5411 Fax: (817) 838-7093 Attn Waymon Ward CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/13/2000 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 LISA SUDBURY AT (817) 481-5581, EXT. 862. Owner of Lot 2R2, Block B should be aware that a revised Concept Plan or Site Plan and possible zoning change will be required prior to the issuance of a building permit. The following changes are needed regarding the ownership certifications, legal descriptions and dedications: a. Provide the deed record volume and page for current owner(s) in the preamble prior to filing. b. Provide a lien holder's ratification and notary acknowledgment on the plat (See attached). If there are no liens, add a statement to the end of the dedication "There are no liens against this property." 2. The following changes are needed regarding easements: a. Correctly label the utility easement along the north side of Lot 10, T. M. Hood as 5' (10' on Lots 9R1 & 2). b. Label and dimension the easement adjacent to Lot 1, in the southeast comer of Lot 2R. Label the easements on the adjoining Lot 1. C. Provide necessary easements for proposed sewer extension d. Provide a Common Access Easement from the west end of Countryside Court along the south line of Lot 2R, Block A in compliance with the driveway as approved on the associated site plan. 3. Label and dimension the right-of-way and centerline for S.H. 114. n n 1 City of Southlake, Texas 4. Current subdivision regulations require a minimum 60' right-of-way for non-residential "local" streets. The existing right-of-way width is 56', the required width at the time of approval of the original plat. (P& ZAction, 1120100: Delete and allow the 56' right-of-way) 5. An original Tax Certificate from the Tarrant County Tax Office showing that all taxes due have been paid is required prior to filing this plat. P&ZAction, January 20, 2000: Approved (6-0-1) subject to Plat Review Summary No. 2, dated January 14, 2000, deleting Item #4 (minimum 60' right-of-way). Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x I V or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, park dedication requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact fees. * Denotes Informational Comment cc: Mike Dunn, Countryside Bible Church Waymon Ward, Ward Surveying Co., Inc. \\SLKSV400I\Loca1\Community Development\WP-FILES\REV\99\99129pr2.doc VIA FAX: ABOVE VIA FAX: ABOVE 2 3 ti l 041= R . i is It -is. Is _ li }Af S111!_ iiif a : tic-sii : ei;i 3ta i S sill r; ig=s_•1 s _Y,=}. .Srlg t3 i j'ir-_'a;s �•r�= r 1. S E}!«t F=.1eS�aa • r�;;S it _ _} if ta If I + t��? �t•�s 1� it=.�;4 s !-i ,�•t i =-_" 3 xMal�; ells:, _ :1lit s:4 1= .ssi t' t if•l�t.�cil-Iris 4, i{ tj sg-Li jjja 1] � II}F r'}��a '} 1jii?t:�i�aee41{� ;.32i ., ::: _rt:r y X X rQ a= a N . � G ' N % of m I s 9� t�5 ! ! sit . is s j{ ft �E�. _ rS2r t- jj ®11 City of Southlake, Texas MEMORANDUM January 28, 2000 To: Billy Campbell, City Manager From: Ron Harper, Director of Public Works, extension 779 Subject: Alternative Alignments for Parkwood Drive Action Requested: Determine which of the alternative alignments or actions City Council wishes to take regarding Parkwood Drive. Background Information: At the January 4, 2000 City Council meeting, the Planning Department presented several alternatives to the current Parkwood Drive layout and alignment. Staff has provided a pro and con analysis of the alternatives presented to date. These are attached for review and action. Financial Considerations: None. Citizen Input/ Board Review: None. Legal Review: The attorneys will prepare any required documents. Alternatives: As presented in the attachments. Supporting Documents: Options A through E Staff Recommendation: Please place on City Council Agenda for February 1, 2000 for Council consideration and action. �, P.E. erector of Public Works 1 OA-1 Analysis of Parkwood Drive Alignment Alternatives Option A - This option would continue the existing layout of Parkwood Drive. Pros: Cons: • Provides two means of access for Senior Center • Provides two means of access for French Square • Provides additional access from F.M. 1709 to Byron Nelson • Provides additional access from F.M. 1709 to Byron Nelson • Provides potential for cut -through traffic adjacent to residential neighborhood • Provides potential increased traffic adjacent to Senior Center • Does not fulfill legal obligation to Richards property 10A-2 Analysis of Parkwood Drive Alignment Alternatives Option B - This option would abandon a portion of Parkwood between existing end (at Senior Center) and a point approximately 350 feet south of F.M. 1709, and would extend the existing common access easement along the north property line of the City to the west. Pros: Cons: 24 • Eliminates potential of cut -through traffic • Provides access to Richards property • Provides access to French Square • Still provides ability to bypass Byron Nelson/F.M. 1709 intersection • Limits access to Senior Center • Does not provide flexibility of alternate traffic flows 1OA-4 Analysis of Parkwood Drive Alignment Alternatives Option C - This option would extend Parkwood past the Senior Center parking lot. The right-of-way off of F.M. 1709 would be abandoned. Pros: Cons: • Eliminate potential of cut -through traffic • Forces all traffic into French Square to access along Parkwood from Byron Nelson 1GA-6 Analysis of Parkwood Drive Alignment Alternatives Option D - This option would end Parkwood at the entrance to the Senior Center and would extend a new road south from F.M. 1709 to a cul-de-sac in the area of the Senior Center parking lot. Pros: Cons: • Direct access to the Senior Center could be achieved from two directions • Potential for cut -through exists; however, speed bump in parking lot would dissuade this option 10A-8 F. k : n � ' x 1J �h 4• • x � ' s � a J � '� f +fit a gays +$7 3 S .�._ tmhbt fjF ,� - {' 1, y- _ j Volk J 1, ' w1:✓8w� �. .............�,n.v-.� •� ( Analysis of Parkwood Drive Alignment Alternatives Option E - This option would keep the southern portion of Parkwood open to the northern portion of the City property and create either a road or common access easement from Parkwood to Byron Nelson along the south of the Richards property. A portion of Parkwood from F.M. 1709 to the south would be abandoned. Pros: Cons: 0 (4w, • Dual access in the form of a "loop" off of Byron Nelson would be created • . There would be little potential for cut -through traffic from F.M. 1709 to Byron Nelson • Make access to French Square difficult 10A-10 rL N zj "WAN NWM-- 7� U lei City of Southlake, Texas MEMORANDUM January 28, 2000 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (x757) SUBJECT: Authorize the Mayor to enter into a Scope of Services Agreement with Call A Ride of Southlake, Inc. (CARS) Action Requested: City Council consideration of a scope of services agreement with Call A Ride of Southlake (CARS) to provide transportation services to disabled and senior citizens of Southlake. Background Information: Based on information from the survey conducted by the United Way - Northeast Senior Issues Committee, the Senior Advisory Commission formed a Transportation subcommittee in June of 1998 to study the need for senior transportation. A survey of active seniors in Southlake, and of services offered in neighboring cities was initiated. In October 1998, Dick Johnston presented a proposal for the Commission to study. Members of the Transportation subcommittee met with the Executive Directors of both Care Corps and Northeast Transportation Services (NETS), and expressed their concern to the Senior Advisory Commission that those service agencies could not meet the needs the committee hoped to address. At the April 13, 1999 meeting, the Senior Advisory Commission voted to present Mr. Johnston's proposal for a transportation service to City Council for consideration. On June 8, 1999 the Senior Advisory Commission met with Councilmembers Debra Edmondson and Ronnie Kendall and Community Services staff to discuss the concept. The consensus of the seniors present was that a separate non-profit organization be formed to recruit, train and schedule volunteers to provide transportation to those in need. The non-profit organization could contract with the City, as well as pursue other sources of funding such as corporate sponsors and grants. The topic was discussed with City Council at its June budget retreat. Some concern was raised as to the extent of the need for the services, and the level of City support being requested. A transportation survey was conducted by Public Information Officer James Kunke, of all senior citizen registered voters in Southlake. Approximately one thousand surveys were mailed, and 142 responses received. The results of the survey are included as an attachment to this memo. ion •s Billy Campbell, City Manager January 28, 2000 Page 2 Call A Ride of Southlake, Inc. (CARS) was organized as a non-profit corporation in November, 1999, and a board of directors established. Since then, CARS has established its operating policies, recruited and trained volunteer drivers, and established a dispatch service. CARS began offering transportation services in January, 2000. Financial Considerations: The proposed agreement calls for quarterly payments for services rendered at a maximum amount of $7,500 per quarter. The approved FY 1999-2000 Community Services division budget has $83,500 allocated for community services, of which $43,500 has been approved by City Council to other requesting organizations. If payments are approved each quarter to CARS, the total amount expended this fiscal year will amount to $22,500. Citizen Input/ Board Review: The Senior Advisory Commission supported the concept of a senior transportation service, having discussed the issue at several meetings, and voting at its April 13, 1999 meeting, to make a formal proposal to City Council. Councilmembers Edmondson and Kendall attended the June 8, 1999 Senior Advisory Committee meeting to discuss the concept. Legal Review: The City Attorney has reviewed the scope of services agreement. Alternatives: • Changes in funding amount as determined by City Council. • Denial of scope of services agreement with Call A Ride of Southlake Supporting Documents: Supporting documents include: • Agreement Between City of Southlake and Call A Ride of Southlake, Inc. • Response to Senior Citizen Transportation Survey • CARS Business Plan and Plan of Operation • CARS By-laws • CARS Finance Summary • CARS Operation Manual • CARS Users List and Drivers List Staff Recommendation: Place on the February 1, 2000 City Council agenda, consideration of scope of services agreement with Call A Ride of Southlake, Inc. (CARS). /0j&4W ;L M AGREEMENT BETWEEN CITY OF SOUTHLAKE AND CALL A RIDE OF SOUTHLAKE, INC. THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "City"), and Call A Ride of Southlake, Inc., a non-profit corporation of Texas, acting by and through its duly authorized Chairman (hereinafter referred to as "CARS"), an organization which has qualified for exemption from taxation under Section 501(c)3 of the Internal Revenue Code. WHEREAS, the purpose of CARS is to provide non -emergency transportation to senior citizens and disabled persons ("qualified persons"); and WHEREAS, City and CARS desire to enter into an Agreement whereby CARS will provide free non -emergency transportation to qualified residents of the Southlake Community and participants in programs offered by the Southlake Senior Activity Center; NOW, THEREFORE, KNOWN BY ALL THESE PRESENT: That City and CARS, in consideration of the mutual undertakings hereunder set forth, do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES A. CARS shall provide the following services: (1) CARS will provide on -call transportation for qualified persons of the City as follows: (a) Disabled individuals (of any age) or senior citizens (over the age of 55 years) and, (b) are residents of Southlake, or active participants in the Southlake Senior Activity Center programs who reside within the CARS operating area, and, (c) whose physical condition permits them to be transported by the drivers and vehicles available. (2) CARS will provide transportation to the persons identified in Section A. (1) above: (a) to and from non -emergency medical appointments, dental appointments, and health care providers located within a 25 mile radius of the Southlake Senior Activity Center; (b) for personal need, including necessary essentials, i.e., to and from the grocery store, drug store, bank, personal grooming, social activities, etc., located N:\COMMUNITY SERVICES\99 SERVICE AGREEMENTS\CARSSOS99.DOC Page 1 /00 dp 3 within a seven (7) mile radius of the Southlake Senior Activity Center. 14" (3) CARS shall not be obligated to transport disabled individuals for whom CARS is unable to provide safe transportation. (4) CARS shall operate solely in accordance with its bylaws as follows: (a) Volunteer drivers who use their own vehicles shall provide the transportation services. CARS shall recruit, qualify, and train these drivers. (b) Transportation services will be provided Monday through Friday during the hours between 8:00 AM and 5:00 PM, or by special arrangement. (c) Transportation normally will be scheduled at least 24 hours prior to departure. (4) CARS will maintain detailed records of qualified persons served, trip destinations and mileage driven, driver and other qualifications, revenues received, and cost and expenses incurred. B. CITY shall provide the following services: (1) City agrees to publicize the services of CARS within selected current City mailings, on the City's Cable Television Channel and other means at the discretion of the City. (2) City shall name a staff contact person to serve as a liaison between City and CARS. SECTION 2 GOVERNANCE A. CARS shall be solely governed by its board of directors, who shall meet in accordance with the bylaws. The time, date, place and agenda of these board meetings shall be the responsibility of CARS. B. CARS agrees to provide City a membership seat on the CARS Board of Directors, and shall forward a copy of the agenda for each meeting of the Board of Directors to the City. SECTION 3 PAYMENT FOR SERVICES City agrees to pay to CARS a maximum sum of Seventy-five Hundred Dollars ($7,500) quarterly for the services provided by CARS as herein described. At the end of each quarter, CARS shall submit documented expenses and ridership reports together with its request for payment. Payment for services will be upon receipt of such documents and approval by the City. The first payment under this Agreement shall be made for the period ending March 31, 2000. NACOMMUNITY SERVICES\99 SERVICE AGREEMENTS\CARSSOS99.DOC Page 2 14e SECTION 4 REPORTING A. CARS shall generate and provide to the City quarterly reports which shall include ridership information showing the number of riders and the types of trips. City shall have access to CARS operational records and all budget reports, during normal business hours. B. CARS shall provide the City information, if requested, necessary to conduct an annual performance evaluation including, but not limited to the following: (1) Ridership audits including response time; (2) On -time analysis; and (3) Customer satisfaction survey. SECTION 5 INSURANCE AND INDEMNIFICATION A. CARS shall provide City proof of automobile liability insurance coverage with minimum aggregate coverage of $1,000,000, with City as an additional named insured. B. CARS AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT ACT OR OMISSION OF CARS, ITS OFFICERS, EMPLOYEES AND AGENTS, IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. SECTION 6 INDEPENDENT CONTRACTOR In performing the services hereunder, CARS is acting as an independent contractor, and City shall have no power to direct or supervise its activities in carrying out its responsibilities under this Agreement. NXOMMUNITY SERVICES\99 SERVICE AGREEMENTS\CARSSOS99.DOC Page 3 140es.Sm M SECTION 7 TERM OF AGREEMENT This Agreement shall be in full force and effect from February 1, 2000 through September 30, 2000. Notwithstanding any provision herein to the contrary, either party may terminate this contract upon 45 days written notice to the other. Upon termination, CARS may cease transportation services, and City shall make a payment to CARS for all amounts owing for services rendered to the date of termination. This Agreement sets forth all the agreements between the parties and no modification shall be effective unless reduced to writing and signed by the party to be changed therewith. This document may be executed in duplicate originals. IN WITNESS WHEREOF the City and CARS have executed this agreement as of this day of .2000. CALL A RIDE OF SOUTHLAKE Dick Johnston, President ATTEST: Notary Public in and for the State of Texas Type/Printed Name of Notary Public My Commission Expires: CITY OF SOUTHLAKE Rick Stacy, Mayor ATTEST: City Secretary . N:\COMMUNITY SERVICES\99 SERVICE AGREEMENTS\CARSSOS99.DOC Page 4 Response to Senior Citizen Transportation Survey Approximately, 1000 surveys concerning senior citizen transportation were mailed to senior citizens who were also registered voters. Of the 1,000 surveys mailed there were 142 viable responses. The break down of the responses is: Would you currently use senior transportation if one were available? YES-28 NO-115 NO RESPONSE-0 Do you anticipate that within the next five years you would use this service? YES-44 NO-88 NO RESPONSE- 11 If either answer is yes, how often would you expect to use such a service? 26-MORE THAN ONCE PER WEEK 20-ONCE OR TWICE PER MONTH 27-ONCE PER WEEK 0-LESS THAN ONCE PER MONTH For what purposes might you use a senior transportation service? 71-Medical Appointments 68- Senior Activity Center Events 58-Shopping 15-City Council or Other Meetings 2-Employment 37-City Festivals 23-Other Recreation 14-Other Some of the responses for "other" given were banking, church, when too old to drive, airport, and other unspecified reasons. Would you be willing to pay a nominal fee for each trip? YES-108 NO-6 NO RESPONSE-28 Questions were raised on this question concerning what is a nominal fee. Do you support the city's participation in a senior transportation service? YES-123 NO-8 NO RESPONSE- 11 Some of the respondents indicated that they wanted the service to be privately provided. Others said they would support the service dependent upon its cost. Others wanted it to be funded through already existing revenue and did not want to pay extra taxes for the service. A couple of residents took the time to write letters concerning their views on this issue. Copies of the letters are attached. 144edw 7 11 r Juno e-mail printed Sat, 4 Sep 1999 13:35:48 , page 1 From: mer-arg Full -Name: MERRILL D STACY i ro: mer-arg@juno.com Subject: Sept.4,99 Senior Transportation Plan X-Status: Unsent Mr Kunke , Roy and I are returning the questionaires as you requested. It is important to us that you not think we don't- consider this a good program We are fortunate enough at this time to be able to take care of our own transportation . However , who knows what will happen to anyone in the next five years..... We also are blessed with having our family living in Southlake , and would likely never need this transportation. However, I feel quite sure there are many citizens in Southlake who do not have family available, due to work schedules or distance and would consider this type of service very helpful. (4� If our circumstances were different I would be delighted to pay a nominal fee for transportation to the doctor or the grocery store and / or outings that might also be provided with this type of service.......... If the City of Southlake can afford to put this type fo service in motion , we would think it would be a great thing to do for those who do now or may come to a point in life that they would need it ........ Thank you for your consideration for the Seniors of our community Sincerely , . J Me mll and Roy Stacy 320 N Shady Oaks .Dr Southlake, TX 76092 6151 481 - 3257 /060 ? Call A Ride of Southlake, Inc. A Transportation Service for Senior Citizens and Disabled Persons Year 1 - 1/1/2000 to 12/31/2000 Recruit Volunteer Drivers and Staff Persons. Drivers will provide information on the type and capacity of their vehicle, insurance coverage, and whether or not they can handle wheel chairs. The Staff Persons will receive telephoned requests from Qualified Users for transportation and dispatch those requests to Volunteer Drivers who will provide the service. - Senior Citizens and Disabled will be encourage to use the CARS service through advertising and notices in the print media and having speakers appearing before groups of citizens, i.e., Senior Citizen Organizations, Rotary Club, Lions Club, Southlake Womens Club, Southlake Newcomers Club, Chamber of Commerce, etc., with a program presentation. We will keep detailed statistics covering the number of rides requested, number of rides and riders transported, type of transportation provided, i.e., medical, dental, business, social, personal care, etc. We will keep detailed records on revenues received from all sources and the expenditures made to carry our the program. We will write Policy and Operation Guides for CARS and Job Descriptions for the officers and committee chairpersons to help ensure that quality service is provided at all times. When requirements justify, perhaps by 4/1/2000 we will hire a contract person to oversee the program, initially probably half days or two and one half days per week. Once we have fine tuned our operations, we will consider expanding the program to include nearby Northeast Tarrant County/Denton County Cities, i.e., Roanoke, Trophy Club, Keller, Westlake, Grapevine, and Colleyville. Expansion would not come before July 2000 and only with Volunteer Drivers and Stipends from any city included in the program. The main office for operations will remain in Southlake. Once we have a strong base of Users, we will consider adding one or two vans to our program which will be equipped for transportation of Users in wheel chairs. These vans would be leased or owned and will be maintained by CARS. We estimate CARS will transport 1400 Users - Seniors and Disabled - covering 30,800 miles in the initial year of operation. Year 2 - 1/1/2001 to 12/31/2001 New Directors will be added to the Board of Directors replacing those whose terms expire. New Officers will be elected to operate CARS. The CARS program will continue to transport Users in Volunteer Vehicles driven by Volunteer Drivers. 1046 0 Id If ridership justifies, we will add CARS owned vehicles to the program which will require garages and additional rent and contract labor, gas, oil, and maintenance. If nearby cities desire to be included in the program, we will modify and /or amend the Bylaws, Policy and Procedure Guides, etc., to accommodate these changes. We will always look for ways to improve the program, to add efficiency and to make participation in the program as attractive as possible to both Users and Volunteers. We estimate CARS will double its initial year in the number of Users transported and miles driven. BUDGETS Year 2000 2001 Anticipated Revenue $40, 000 $60,000 Anticipated Expense and Raising $2,000 $2,000 Contract Labor $18,000 $24,000 Rent and Utilities $6,000 $9,000 Telephone $2,000 $2,200 ostage and Copying $1,200 $1,300 Printing $500 $600 Supplies $1,000 $1,200 Insurance $5,000 $5,000 Volunteer Recognition $800 $1,900 Publicity $1,500 $1,600 Miscellaneous* $2,000 $11,200 Total $40,000 $60,000 * Includes reserve for Handicapped Equipped Vehicle lease or purchase. PLAN OF OPERATION - CALL A RIDE OF SOUTHLAKE, INC. Call A Ride of Southlake, Inc,. (CARS), a not for profit corporation has been established in Southlake, TX. It's purpose is to provide free non -emergency transportation to Southlake area seniors and disabled citizens for medical, dental, social, business, shopping and personal needs. The program is offered Monday through Friday to City of Southlake seniors and disabled residents and those area senior citizens who are active in the Southlake Senior Activity Center programs. CARS will transport within a twenty-five (25) mile radius of Southlake for medical purposes and within a seven (7) mile radius of Southlake for purposes other than medical as listed above. CARS has elected a Board of Directors and Officers, approved By -Laws and established the years $40,000 Operating Budget for the initial year 2000. Office space has been rented at 181 Grand Ave., Suite 209 in Southlake Town Square and telephone service being installed. The goal is to transport "users" beginning in January 2000. Individuals, business organizations, charitable groups and the City of Southlake are being solicited for donations to make this program become a reality. The transportation for users will be on a no fee basis with donation envelopes available for those able and wishing to donate to CARS. CARS is a Volunteer dependent program. Volunteer Drivers with sedans, vans and hopefully wheelchair lift equipped vehicles who are willing to furnish, maintain and provide gas and oil will make up the core of the organizations drivers. Commitments to drive will be in half (1/2) day units. All volunteers, office support and drivers, will need to fill out a Volunteer Application form. A driving record review for drivers is required. We want to encourage senior citizens to be more active in the various recreation and social functions offered in Southlake and near by areas . CARS can do the driving for safer and less stressful transportation. Senior citizens and disabled who need or desire to utilize CARS will complete an application and interview. A User will be required to make transportation arrangements by calling CARS at least twenty-four (24) hours in advance. A Volunteer dispatcher will make arrangements with the Volunteer Drivers to contact the User for 1404F 0 /02W pick up and transport arrangements to the destination requested. Depending on the time frame (1/2 day units), the same Volunteer Driver may or may not pick up and return the User to their home. Volunteer Driver time and travel records (trip logs), will be maintained for record purposes If a User has a special handling need, such as a wheelchair equipped van, and it is not available in the Volunteer fleet, the User will be referred to Northeast Transportation System (NETS). This will be necessary until a wheelchair equipped van can be obtained by CARS - possibly in the year 2001 or 2002. R. F. (Dick) Johnston 817/421-4227 Chairman of the Board Call A Ride of Southlake, Inc. 4P CARS Call A Ride of Southlake, Inc. BYLAWS ARTICLE I NAME AND ADDRESS: The Corporation shall be. known as Call A Ride of Southlake, Inc. (CARS) 181 Grand' Avenue, Suite 209 Southlake, Texas 76092 ARTICLE II MISSION: CARS is a voluntary service Corporation providing non - emergency transportation to Senior Citizens, Disabled Persons and. other qualified individuals in and around Southlake, Texas. ARTICLE III SPONSORSHIP: CARS Sponsors will include any' interested religious organization governmental body, civicgroup., business, charity or individual that wishes. to participate and/or is willing to provide the Corporation annual financial support. ARTICLE Iv BOARD OF DIRECTORS: The CARS Board of Directors shall determine and enforce all policies and procedures. Any change in policy or procedure must be voted on and passed by 'simple majority of the Board members present at a properly scheduled Board meeting, notice of which having been published -at least ten (10) days prior to such meeting. Such notice shall include the mailing of the proposed changes to all Board members. 1. The Board of Directors shall have seven (7) or more members. The members shall include the officers !of CARS (the CARS Executive Committee), CARS Sponsors, and individual CARS volunteers. 164 J6M /s/ 2. Approximately one-half of the Board members shall be elected annually to staggered terms of :two. years. No member shall serve more than two terms (plus any partial term they may have been serving) without being absent from the board for at least one year. 3. The Board shall meet at least quarterly or when called into session by the Executive. Committee to review financial reports; hear reports from _the . Executive Director, committee chairpersons, or ' representatives of the Advisory Council; and take any necessary actions. One-third (j of the current membership shall comprise a quorum of the Board. 4. At a regularly scheduled meeting held each November, the Board shall elect from its members officers (Chairperson, Vice - Chairperson, Secretary, Treasurer) to serve from January 1 to December. 31 of the following year. If an officer, other than Chairperson is unable to complete a term, the Board shall, within thirty (30) days, call for the election of a replacement to serve the unexpired term. If the vacancy is that of Chairperson, the Vice -Chairperson. shall,, become Chairperson and a new Vice -Chairperson shall be elected. 5. Minutes, including a financial report and a record of any actions taken shall be kept ofeach Board meeting. Board minutes shall be on rile at the CARS corporate offices. 6. The Board has the authority to create paid positions, including that of Executive Director. ARTICLE v- EXECUTIVE.. COMMITTEE 1. The Executive, Committee of shall consist of the officers of CARS (Chairperson,. Vice -Chairperson, -Secretary, Treasurer). 2. The Executive Committee shall be responsible for the 'Implementation of the policies and procedures set by the Board of Directors. 3. The Executive, Committee shall meet monthly, but not less than eight (8) times;per year. 4. The Executive Committee shall, upon the Board's direction, engage the services of an Executive Director or, acting as a 10464b A5 committee of the :whole, assume the responsibilities of the Executive Director whenever.ithat position is unfilled. 5. The duties and responsibilities of the Executive Committee members shall be as follows: A. Chairperson , The .Chairperson shall be the chief executive officer of CARS, and. as such shall be responsible for its general direction and control (within the scope of the policies and procedures adopted by the Board). The chairperson, shall preside at all meetings of CARS and the CARS Executive Committee. B. Vice -Chairperson In., the absence or ' disability of the Chairperson, the Vice -Chairperson shall perform all of the duties of the Chairperson, and when so acting shall have all powers of, and be subject to all restrictions on, the Chairperson. Upon the resignation of the Chairperson or at the expiry of the term of the Chairperson, the Vice - Chairperson shall elevate to the office of Chairperson, first serving any unexpired term of the outgoing Chairperson. C. Secretary , The Secretary shall , ensure that adequate minutes are taken and Fled of record for all meetings of CARS and/or its Executive Committee. The Secretary shall be responsible for the dissemination of timely meeting notices and shall be empowered to sign or attest any documents as,' - required by law, or the business of CARS. D. Treasurer The Treasurer shall be responsible for maintaining all books of accounts as required by law, regulation, or the -business of CARS. The Treasurer shall be responsible for preparing and filing all reports and notices required by law, regulation, or the business of CARS. The Treasurer shall present to the Board the annual budget. (including projected financial statements and anticipated levels of funding) prior to October 31 each year. Under the direction of the Board, the Treasurer shall open bank accounts, negotiate loans and 1404,014 take other such financial actions as may be appropriate to conducting the business of CARS. ARTICLE VI OPERATIONS: 1. FISCAL year January 1 throlugh December 31 2. ELECTIONS shall be held at a regularly scheduled meeting each November. 3. ANNUAL BUDGETS shall be prepared and the Board shall approve such Budget at its regularly scheduled November meeting. 4. FUNDING shall consist of grants, gifts contributions and donations, 5. THE, CORPORATION shall at all times maintain Its status as an organization described in section 501(c)3 of the Internal Revenue Code, as revised from time to time. 6. Roberts Rules of Order shall govern all meetings. ARTICLE VII AMENDMENTS: The Bylaws may be amended by a two-thirds (j) vote of the Board of Directors.. Proposed changes shall be submitted in writing to the Board at the previous, regularly scheduled board meeting or not less than thirty (30) days prior to any vote. Proxy voting shall be permitted. ARTICLE V I I I ADVISORY COUNCIL: i . There may ' be an Advisory Council comprised of designated representatives from sponsoring groups, former board members, and/or interested individuals.. , t 2. The Advisory Council shall ;meet at least semi-annually, chaired by a designated representative of Board of Directors, to review the activities of CARS, provide advice and technical expertise and support the effective operation of CARS. Written notice of each meeting will be distributed to all Board and Advisory Council members at least twenty-one (2 1 ) days prior and shall include the time, date, place, and 'agenda for said meeting. 3. Board minutes. and agendas shall regularly be distributed to all members of the Advisory Council. 14em17 ARTICLE I X COMMITTEES: 1. At the first meeting after a Board is newly elected, the Board shall select from Its membership chairpersons for the following Standing Committees: Finance Committee, Media Relations Committee (Publicity), and Volunteer Recruitment Committee. These chairpersons shall serve at the pleasure and direction of the Board. 2. Each Standing Committee shall be chaired by a current Board Member. The chair shall be responsible for recruiting persons to serve on the committee and for calling, publicizing and recording the results of committee meetings. 3. From time to time the Board may appoint or disband Ad Hoc Committees (Le.: Governmental Relations Committee, Insurance Committee, Legal Committee, Nominating Committee, and/or Training Committee) comprised of representatives from sponsoring groups, current or former Board Members, and/or interested individuals. ARTICLE X DISSOLUTION: An affirmative vote of two-thirds (') of the Board of Directors Is required to dissolve the Corporation. Adopted this 14 day of 1999. Na Tide:�����m�� Members of the Board of Directors of Call A Ride of Southlake, Inc. Dick Johnston Chairman F. C. LeVrier Vice Chairman Josh Weiser Secretary 1106 Brazos Dr. 1515 Dove 308 Waterford Ct. Southlake TX 76092 Southlake TX 76092 Southlake TX 76092 Home 421-4227 Bus. Home 329-2447 Bus. 424-4277 Home 251-0671 Bus. Virginia Muzyka Treasurer 823 S. Peytonville Southlake TX 76092 Home 481-6354 Bus. Brad Cavnar Director 1723 E. Southlake Blvd. Southlake TX 76092 Home * * * * Bus. 251-2226 Martha Greenberg Director 700 Prince George Ct. Southlake TX 76092 Ce 424-0296 Bus. David McMahan Director 726 Commerce Suite 109 Southlake TX 76092 Home 481-8344 Bus. 12/9/99 Brad Bradley Director 1256 Main Street Suite 252 Southlake TX 76092 Home * * * * Bus. 488-8048 Les Clow Director 820 Shady Oaks Southlake TX 76092 Home 481-2256 Bus. Carolyn Hobbs Director 1404 Chimney Works Dr. Southlake TX 76092 Home 481-6718 Bus. Brian Stebbins Director 904 Independence Parkway Southlake TX 76092 Home 488-2317 Bus. 329-5566 1096d so / ? Scott Bradley Director 1256 Main Street Suite 252 Southlake TX 76092 Home * * * * Bus. 488-8048 Barry Emerson Director 3205 E. Highway 114 Southlake TX 76092 Home * * * * Bus. 488-5544 Buddy Luce Director 1256 Main Street Suite 252 Southlake TX 76092 Home * * * * Bus. 488-8048 Gall ° L de of (0outhlake Finance Summary INCOME TO .,.,. .. ..-��-� EF7r�;Ti��� Ell �u "do (.In 436-M Gall A Mi'de of (S'outhlake Page 1 �41 Date Approved: MAlb ONO 064M Operations Manual 1/7/2000 TABLE OF CONTENTS Section Page Rider Eligibility 2 Qualified User 2 Operating Hours 2 Service Area and Services 2 Scheduling 2 Volunteer Drivers 3 Trip Ticket 4 Driver Supervisor/Scheduler 5 Office Volunteer 6 149da'aZI for (gall A Mide ofOouthlake Page 2 ail Date Approved: �"` Operations Manual 1/7/2000 RIDER ELIGIBILITY 1. Seniors (55years and older), and Disabled (of any age) who are residents of Southlake, or active participants in the Southlake Senior Activities Center programs who reside within the CARS operating area, and whose physical condition permits them to be transported by the drivers and vehicles available. QUALIFIED USER 1. To become a Qualified User the User Application form must be completed. 2. The applicant will be interviewed to confirm that they meet the Eligibility requirements and to determine whether the applicant requires any special help while being transported. OPERATING HOURS 1. Monday through Friday with pickups after 8 AM and return home before 5 PM. 2. Special Requests for transportation outside these hours will be considered. SERVICE AREA AND SERVICES 1. Qualified users will be furnished non -emergency rides to the Southlake Senior Activities Center, medical and dental services, shopping, financial services, personal grooming, and social activities. 2. For non -emergency medical and dental services Qualified Users may be transported to locations within a 25 mile radius of the Southlake Senior Activities Center. 3. For other destinations, Qualified Users may be transported to locations within a 7 mile radius of the Southlake Senior Activities Center. SCHEDULING Qualified Users desiring transportation must call the CARS office, 416-9975, between 8 AM and 12 noon on weekdays, at least 24 hours before transportation is needed. For prescheduled appointments or events, several days notice would be helpful. The Qualified Users will provide the following information: name, address for pickup, destination address, pickup time, return time and emergency contact. /40d4W aA A Gull A Mide of 0outhlake Page 3 Mido `;""" Operations Manual Date Approved: VICOWAM ii7i2000 VOLUNTEER DRIVERS 1. Prospective Volunteers will fill out an Volunteer Application Form and be interviewed. 2. Volunteer Drivers will furnish their own vehicles and will be responsible for their maintenance and fuel. Vehicles must have current state inspection seal and insurance. Driver records will be checked. 3. CARS furnishes liability insurance to provide protection for losses greater than the owner's insurance policy coverage. 4. Volunteer Drivers will be trained in the procedures and policies of CARS. They will be given a CARS pictorial Identification Badge to wear while providing transportation and a CARS mirror hang tag to identify their car while providing transportation. 5. Volunteer Drivers will be contacted on the the day before their scheduled driving day by the Driver Supervisor/Scheduler to receive their assignment(s) for the next day. The Driver Supervisor/Scheduler and the Volunteer Driver should understand where the Qualified User is to be picked up and the Destination. The Volunteer Driver will pick up Trip Ticket(s) from the box outside the CARS office on the second floor of 181 Grand Avenue, Suite 209, during the time the building is open, between 7:00 AM and 7:00 PM on weekdays or 7:00 AM to 2:00 PM on Saturdays. 6. If a Volunteer Driver is unable to drive when scheduled he/she will contact their Driver Supervisor as soon as possible so that a replacement can be secured. 7. The Volunteer Driver will call the Qualified Users on the evening before the trip to confirm that they will be transported, as well as reconfirming location, destination, times and emergency contact. 8. The driver will fill in the Trip Record section of the Trip Ticket and sign it. (See the Operations Manual section Trip Tickets for detailed instructions.) The completed Trip Ticket will be delivered to the CARS office and placed in the box beside the door if the office is not open. 9. If the transportation to the destination and from the destination are furnished by different Volunteer Drivers, the first driver will give the Qualified User a Transfer Ticket to give to the second driver to provide identification confirming that the bearer is the Qualified User. 10. When taking a Qualified User to a medical appointment the Volunteer Driver should accompany the User into the office and ask the receptionist for an estimate of when the User will be ready to go home. 11. The Volunteer Drivers will not collect money from the Qualified Users but will provide an addressed envelope which may be used for donations. 1404?0 0?3 A (gall k Mide of (gouthlake Page 4 MA0 (US"64M Date Approved: Operations Manual 1/7/2000 TRIP TICKET The purpose of the Trip Ticket is provide a record of each transportation service provided by CARS. It records both the User and information about the trip and also service provided by the Volunteer Driver. The Trip Ticket will be used by those receiving transportation requests from Qualified Users to record the Request Received, Trip Ticket Number, User, and Destination information. The Volunteer Driver will record the Trip Record, Comments and Driver information. OPERATION L When a telephone request is received for transportation the Office Volunteer will first check the Qualified User List to see that the caller is qualified. If qualified, the User and Destination Sections are completed. 2. If the User is to be picked up at a place other than their permanent address, list the pickup address in the Comments Section and note whether the person is to be returned to this tem- porary address or to their permanent address. 3. When all the information has been received, read it back to the User to confirm that it is correct. 4. Add the User Number and the Trip Ticket Number and the Office Volunteer's name in the By space. 5. File the Trip Tickets in the proper day of the Scheduler File. 6. The Driver Supervisor will decide which Volunteer Driver is to provide the requested transportation. The Driver Supervisor will call the Volunteer Driver to confirm that the driver will do the trip and tell him/her where to get the Trip Ticket. The Driver Supervisor will also confirm that the Volunteer Driver knows how to reach the locations called for in the Trip Ticket. The two of them should agree that the Pickup Time specified is reason- able. 7. The Driver Supervisor will place his/ her name (or an alternate person) and the telephone number at which they can be reached during the time the trip is being made on the CARS Emergency Contact line. 8. The Volunteer Driver will then call the User to introduce herself/himself, to confirm that transportation will be furnished the next day and to review the Trip Ticket to confirm that the information is correct. 9. On the next day the Volunteer Driver will record on the Trip Ticket the time and odometer reading (last three numbers) when they leave home (or another location) for the User pickup. When the User is picked up record the User Pick Up Time and Odometer reading. ,., Upon arrival at the destination record the Destination Arrival Time and Odometer reading. /0046 I-WIV2 i0lo �r I��fdfs (u� amass oF�i'oisrOblir�is Gall A M'de of(gouthlake Operations Manual TRIP TICKET (continued) Page 5 Date Approved: 1/7/2000 10. If the Volunteer Driver does personal business while the User is at the Destination, the Time and Odometer readings when they stop doing CARS business should be recorded in the upper Arrived Home section and the Time and Odometer readings when they start CARS business to bring the User home in the lower Driver left home section. 11. For the return trip record the Volunteer Driver will record the Left Destination Time and Odometer reading when leaving the destination and the Arrived Home Time and Odometer upon arriving home or an alternate final destination. If the final destination is not the same as originally specified on the Trip Ticket it should be recorded in the Comments section. 12. When the Volunteer Driver arrives home or to another personal destination which ends the CARS trip, record the Arrived Home Time and Odometer reading. 13. The Trip Ticket is then returned to the CARS office at the Town Center before 12:30 PM of the day after the trip is made.. DRIVER SUPERVISOR/SCHEDULER 1. The Driver Supervisor/Scheduler will work in CARS office from 11:30 AM to 12:30 PM. 2. Preparation of Volunteer Driver Assignments. a. Remove the Trip Tickets for the following day from the Schedule File. Review the ride requests and determine how many Volunteer Drivers will be needed to provide the requested rides. b. If one Volunteer Driver can provide a ride for more than one User, copy the informa- tion for the second ride on the lower half of the Trip Ticket for the first ride. c. Using the Volunteer Driver Schedule assign driver to each trip. d. Call Volunteer Driver to confirm that she/he is available to drive and remind him/her to pick up their Trip Tickets from the holder outside the office door during the time the building is open, between 7:00 AM and 7:00 PM on weekdays or 7:00 AM to 2:00 PM on Saturdays. e. Place the Volunteer Driver's name in the Driver section of each Trip Ticket. Place the Driver Supervisor/Scheduler's name and phone number at the bottom of the Trip Ticket in the CARS Emergency Contact section. The Volunteer Supervisor/Scheduler should be reachable through the phone number provided during the period when trans- portation is being carried out, to provide assistance if needed. f. Make a copy of the Trip Tickets which will be used the next day and place them in the /4 *6 . A 5J10 Fall A Made of (gouthlake Page 6 Atilm Date A of�,,�' Operations Manual ini20o Active Trip Ticket File. g. Place the originals of the Trip Tickets in the box outside the CARS office for the Vol- unteer Driver to pick up. h. If a driver has a problem which prevents him/her from completing the trip, he/she will call the Emergency Contact who will call a Backup Driver to complete the trip. 3. Work with other Driver Supervisor/Schedulers to keep the Volunteer Driver Schedule up to date as to who the Volunteer Drivers and Backup Drivers are for each day. OFFICE VOLUNTEER 1. Office hours will be from 9:00 AM to 12:30 PM. 2. Calls from Qualified Users requesting ride reservations. a. First confirm that the person is a Qualified User by looking them up on the Qualified User List. If the person is not a Qualified User treat them as a Prospective User as de- scribed in 3 below b. If the person is a Qualified User enter their name and number on a Trip Ticket. Con- firm that their address has not changed. c. Fill in the Destination information. Make sure you understand where the Destination is. d. After you hang up fill in the User's address, phone number and Emergency Contact and Phone number from the Qualified User List. e. Then fill in the Request Received information. f. Record the call in the Log Book. g. Place the Trip Ticket in the proper day of the Scheduler File. 3. Calls from prospective users. a. Write the person's Name, Address, phone number and age on a User Registration Form. b. Tell the person that an Interviewer will call for and appointment and then talk with the person to collect the other information needed to determine whether they qualify as a CARS User. c. Record the call in the Log Book. d. Place the User Registration Form in the Interviewer File. 4. Calls for information. a. Answer questions emphasizing the benefits of the CARS program. b. If they want more information offer to send the CARS information sheet. Write their %*11 name, address and phone number in the Log Book. 104(5,0;Z4 CVaBA Made ofOouthlake Page 7 Mdr OW A """� Date Ap proved: �Operations Manual 1/7/2000 c. Then address a Cars Information Sheet envelope and put in the Outgoing Mail box. 5. Match completed Trip Tickets with copies in the Active Trip Ticket Folder and place them in the Completed Trip Folder. 6. Those who are willing to take the necessary training may enter information from com- pleted Trip Tickets, User Registration Forms, Volunteer Application Forms, etc., into the computer. 7. File all forms after the information on them has been recorded in the computer. 8. Prepare mailings. 9. Make copies as needed. /10 dim a 7 Gall k Mide of OoutMake - TRIP TICKET 181 Grand Avenue, Southlake, Texas 76092, (817) 416-9755 Request Received: Date Time By �Veser: Name Number Street Emergency Contact: Phone: Destination: Appointment Date: Day of Week: Time Place Street City Pickup Time Return Time Trip Record: User Pick Up: Time Odometer Left Destination: Time Odometer Comments: Mapsco Trip Ticket Number _Phone _ Mapsco Arrived Destination: Time Odometer Arrived Home: Time Odometer Driver Name: Driver Signature: Number Driver left home: Time Odometer Arrived home: Time Odometer Driver left home: Time Odometer Arrived home: Time Odometer Gall Mide of OouUake - TRIP TICKET 181 Grand Avenue, Southlake, Texas 76092, (817) 416-9755 Request Received: Date Time By Trip Ticket Number User: Name Number — Street Phone _ Emergency Contact: Phone: Mapsco Destination: Appointment Date: Day of Week: Time Place Street City Pickup Time Trip Record: User Pick Up: Time Left Destination: Time Comments: Driver Name: )river left home: Time Driver left home: Time CARS Emergency Contact: Return Time Odometer _Odometer Mapsco Arrived Destination: Time Arrived Home: Time Odometer Odometer Driver Signature: Number Odometer Arrived home: Time Odometer _ Odometer Arrived home: Time Odometer Phone / tood 9) �X? f (1/1112000) o m c 0 V LD = 15 o �p O m O C O .a 3 C CD c o 3 0 v04 `� L O N A m m C or) C o O N C �- N C m 3 m c m U) E m 0 ty3 o {p p y y 0 Y •O O O 1- o fA � m m m N J .o O o n, m C c m N W Z � � N -o, v m •Ce C 0 m cn C C •O � O m Q O m v c D o m O aci w W m Z V C •� m 'O �0 C O � O c U v� m m A C O m D m m � m U W c��o � W 2 Q E m dJ tC L av ) o m a a U W mm N W m m Z Z CO /to 4 8 6, a 2 ac ,/ CARS Call A Ride of Southlake, Inc. REGISTRATION FORM All participants in CARS must complete a registration form inc uding all the requested information prior to being eligible for service. The confidentiality of provided information will be respected. All registration forms must be signed by the participant or a duly authorized representative. PERSONAL INFO R,MATION DATE, City of Residence Phone Number Last Name First Name Inin, 1 Street. Address Apt.. No. City Zip Code Sex I Ieight Weight Date of Birth MAPSCO Please list below any health issues that. may affect. your ridership under this program. Emergency Contact Phone Number Primary Care Physician: Phone Number Name Address I)o you Speak l,nglish Yes No Are you I )isabled Yes No Describe: I.)o you need to use any cif the following: WI IFE'L(311 IM It Yes No CANE, Yes No WALKEIR Yes No CRUTC,1-1ES Yes Not SCUT , It Yes No DO( Yes No OXY(I1,N l,"QUIPMENT Yea No ICyou use a Wheelchair. can you transfer yourself into a passenger car'? Yes No into a van or pickup? Yes No Emergency Treatment Release and Liability Waiver: I certify that I have truthfully provided all requested information and that I understand the dangers inherent in my participation in the services provide by Call A Ride of Southlake, Inc., "CARS". I hereby authorize CARS to validate any information that I have provided, and to seek and obtain emergency medical treatment on my behalf, including transportation to the nearest medical facility in the event that CARS deems it necessary. I hereby relieve CARS, its employees, volunteers, agents, instructors and sponsors of all liability that may occur due to my participation in any CARS activity. I further certify that I am medically sound enough to participate in the CARS program, that I have read and understood this form and that all entries and information contained herein are true and complete. Print Name: (Applicant) Print Name: (CARS Interviewer) Signed Signed Form Amended 111=99 /V46 720Z 91 Date Date IN (Call k ii�ide of 2outhlake — TRIP TICKET 181 Grand Avenue, Southlake, Texas 76092 (817)416-9755 Request Received. - Date USER: ID No. Name Address _ City Emergency Contact Destination: Day of Week Place Address Pickup Time Comments/Directions: Driver Info. - Miles Traveled Driver Signature CARS Emergency Contact 1 /2 5/2000 Day Driver Trip Ticket Number Time By Telephone Subdivision Telephone Date Time City Return Time Time Committed Telephone 11OAd 40 494 ID No. 0 v I — N O 'IT v N w P. 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R t o § ■ A L » ] 2 = ƒ k § £ n 2 k� O 5- R k m i z & k 2, 2 2 I e e e ■ 2 2 0 2 2! to CL &§/ k A§ f$ 7 7$ m o Q o§ o§ J I I a.Z) R \} ~ R# m 2 o n 2 f N 2 /esep City of Southlake, Texas MEMORANDUM January 27, 2000 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (x757) SUBJECT: Revisions to the Park Use Policy Regarding Fundraising Events Action Requested: City Council consideration of the proposed revisions to the Park Use Policy regarding fundraising events. Background Information: The Park Use Policy, effective August 4, 1997, serves as a guideline for the effective management of public park areas and facilities. The policy was last revised on June 1, 1999 to update internal changes and include new facilities (Ex. Reservation policy for Rustin Park Pavilion). At the September 13, 1999 Parks and Recreation Board meeting, a consider item on the agenda was the approval of a request from the Lake Cities Mothers of Multiples (LCMM) to hold a fundraising event at Bicentennial Park. During consideration of this item the Board discussed that the current Park Use Policy does not establish guidelines to consider fundraising events at parks and public facilities on a case -by -case basis. As mentioned in the discussion, the absence of a consistent policy for approval/disapproval of such events, could increase the City's exposure to litigation and/or liability. The Board approved this request on Regular agenda (8-0), but requested a revision to the Park Use Policy that addresses this issue for their consideration. Staff further researched the issues involved, and found that most cities do not have a policy that establishes guidelines for evaluation of fundraising requests by community -based organizations. Generally though, most cities do not allow fundraising events unless the event is a City sanctioned or sponsored event. At the December 13, 1999 Parks and Recreation Board meeting, staff sought further input from the Board regarding this issue. During the discussion, the Board provided direction that City sponsorship of an event should be the criteria for evaluating fundraising requests at parks and public facilities. The Board also discussed for purposes of consistency, establishing a process for determining City sponsorship of an event, which includes factors of consideration. In further review with the City Attorney, it was determined that "sponsorship" did not readily clarify the issues of appropriateness, but did create more potential liability for the City. As a result, wording regarding City -sponsorship was deleted from the proposed revision, while still retaining Aod W/ Billy Campbell, City Manager January 28, 2000 Page 2 the idea that a large, special event that created significant public interest, was the preferred approach. These changes were considered by Park Board at its January 10, 2000 meeting. Concerns were expressed by some Board members however, that this was too restrictive an approach. The Parks Board did vote to recommend the proposed revisions to City Council for approval. Recognizing the differing opinions, and the complexity of this issue, staff has also prepared an Alternate "A" approach, which is considerably less restrictive as to the types of fundraising events that may be approved to be held in City parks or public facilities. Financial Considerations: Not Applicable. Citizen Input/ Board Review: The Parks and Recreation Board discussed this item during consideration of a request from the LCMM to hold a fundraiser at Bicentennial Park at their September 13, 1999 meeting. At this time the Board requested that staff research the issues involved and bring forward potential revisions of the Park Use Policy for their consideration. The Parks and Recreation Board again discussed this item at their December 13, 1999 meeting. The purpose of the discussion was for staff to receive further input from the Parks and Recreation Board to incorporate into a proposed revision of the Park Use Policy. The Parks and Recreation Board considered proposed revisions to the Park Use Policy for fundraising events at its January 10, 2000 meeting, and voted 6-2 to recommend the proposed revision for approval, changing the request lead time from six (6) months to two (2) months. Board members Glover and Stokdyk voted against the proposed revisions, citing concerns that the policy was too restrictive. Legal Review: The proposed revisions (including Alternate "A") have been reviewed by the City Attorney. Alternatives: • Alternate "A" wording • Other changes as may be determined. Supporting Documents: Supporting documents include the following: ■ Proposed revisions to Park Use Policy as approved by Park Board, with some minor wording changes as recommended by the City Attorney (shown as strike-through/underline). • Billy Campbell, City Manager January 28, 2000 Page 3 ■ Alternate "A" wording for Section II, "Fundraising Events at Parks and Public Facilities" Staff Recommendation: Place on the February 1, 2000 City Council agenda, an item to consider the proposed revisions to the Park Use Policy regarding fundraising events. d 0 Department of Community Services Policies and Procedures Manual Policy: Park Use Policy Source: City Council Category: Effective Date: Revised Date: Revised Date: I. Statement of Purpose. Reservations August 4, 1997 June 1, 1999 The City of Southlake has several park facilities that offer recreational opportunities for all citizens of Southlake. The Park Use Policy is a guideline for the management of these public facilities. For information and reservations for any park facilities, call 817-481-5581 ext. 756; or write to the City of Southlake, Parks and Recreation, 400 North White Chapel, Southlake, Texas 76092. A. Definitions - For the purpose of this Park Use Policy the following terms are defined as: 1. Residents: Citizens who live within the city limits of Southlake or pay property tax to the City of Southlake or Carroll Independent School District. 2. Regular Meetings: Meetings held on weekdays, between the hours of 6:00 a.m. on Monday to 4:30 p.m. on Friday. Regular meetings are held on a biweekly, monthly, or bimonthly basis, held at least six (6) times per year and no more than two (2) times per month. B. Facilities and Fees - The City of Southlake shall have the authority to bring in priority functions which may necessitate the removal of activities previously scheduled. The primary use of these facilities is to benefit the public at large and any activities scheduled by the City for the benefit of the public should be given priority over private individuals or groups using these facilities. The Department of Community Services prepares weekly schedules of authorized building reservations and forwards that schedule to dispatch. Keys will only be given out for scheduled meetings or activities. The park facilities are not available to for -profit or for commercial uses. The community facilities are available for public uses, community benefits and not -for -profit uses, unless otherwise restricted . w9 p N.•IParks & RecreationlBOARDSIPKBOARDIPacket Items120001PkuseJundraising.doc a A. A Non-residents may use the facilities on an as available basis. 1. z 9 A ! p4 � f 5, ' zg'.. , N.IParks A RecreationlBOARDSIP%BOARDIPacket Items120001PkuseJundraising.doc / LOCs In III. The Lodge and Community Center. A. Regular Meetings — The Lodge and individual rooms in the Community Center may be reserved for regular meetings by residents. The Department of Community Services will be responsible for handling all reservations and scheduling. An annual fee, as specified in the City's fee schedule, is to be paid prior to the first usage of the facility. A list of regular meeting dates must be submitted with the annual fee. A security deposit, as specified in the City's fee schedule, is required at the time of completing the reservation application and may be left on file for the duration of the regularly scheduled meeting dates. The security deposit will be refunded if the facility has been left clean and in order and all keys issued are returned to the Department of Community Services or Police Dispatch at City Hall within one (1) hour of the conclusion of the facility's use. The Department of Community Services must be notified at least 48 hours prior to cancellation of a regular meeting. Failure to do so may result in forfeiture of the security deposit. N.IParks & RecreationlBOARDSIPRBOARDIPacket Items120001Pkusefundraising.doc No group or individual may reserve the Lodge or Community Center for regular meetings from 4:30 p.m. on Friday to midnight Sunday. B. Reservations for Special Activities — may be made by residents and non- residents for special activities, holiday parties, family reunions, birthday parties, etc. on a first -come basis. Teen parties are allowed only in the Lodge. The hours from 6:00 a.m. to midnight, seven (7) days a week, may be reserved on a first -come basis, and reservations cannot be made more than one (1) year in advance. Non-residents may only make reservations within thirty (30) days of the requested date. No group or individual may use the facility for more than three (3) consecutive weekends, not to exceed twelve (12) weekends in a fiscal year. A reservation fee and security deposit, as specified in the City's fee schedule, are to be paid at the time the reservation is made for the facility. The security deposit will be refunded if the facility has been left clean and in order and all keys issued are returned to the Department of Community Services or the Police Dispatch at City Hall within one (1) hour of the conclusion of the facility's use. The Department of Community Services must be notified at least 48 hours prior to cancellation of a reservation. Failure to do so may result in forfeiture of the security deposit. Variances to these requirements may be granted, upon request, at the discretion of the City Manager. If timing allows, the Southlake Parks and Recreation Board will make recommendations regarding variances to the City Manager. A variance shall not be granted by the City Manager unless a written request is submitted which demonstrates: 1. Special circumstances exist which are peculiar to the applicant's ability to secure meeting space, and 2. That use of the facility by other groups will not be adversely affected by granting the variance. C. Equipment — A TV/VCR and other equipment may be available, as specified in the City's fee schedule. The request for the use of equipment must be submitted with the facility use request. D. Scheduling and Access — The buildings shall be locked when not in use. The keys will be available and can be obtained from the Department of Community Services or Police Dispatch in City Hall. Access to the buildings is limited to the scheduled group when meetings are in session. Access to buildings is controlled by the Department of Community Services. Multiple activities and/or groups may be scheduled at the same time. Payment of the security deposit does not release the user of the facility from responsibility for N. Parks & RecreationlBOARDSIPKBOARDIPacket Items120001Pkuse fundraising.doc 0 C tw *7 _r damages. Any user found in violation will not only forfeit the security deposit, but may be denied further use of the facility. Users found in violation may also be subject to applicable civil and criminal penalties. IV. Ballfields and Practice Fields. Ballfields, soccer fields and practice fields are available to the citizens of Southlake. Groups outside the City will be given consideration on an as available basis, but reservations may not be made more than thirty (30) days in advance. The Southlake Baseball Association, Southlake Girls Softball Association, Grapevine Southlake Soccer Association and any activity sanctioned/sponsored by the City of Southlake shall be in accordance with the annual Facility Utilization Agreement. Reservation procedures are available from the Department of Community Services. V. Concession Stands. The City of Southlake may. have concession contract(s) granting particular vendors exclusivity. All concession vendors must obtain a health permit. Residents and non-residents may request use of a concession stand. Requests must be in writing. Requests will be reviewed by staff and the Parks and Recreation Board with the City Manager granting final approval. At least one adult must be present in the concession stand while it is open. VI. Pavilion, Tennis Courts and Sand Volleyball Courts. A. General - Facility reservations have priority. If there is no reservation, use of the pavilion, tennis courts, and sand volleyball courts will be on a first -come basis. Non-residents may only make reservations within thirty (30) days of the requested date. Facilities and equipment may be rented in accordance with the City's fee schedule. N. PParks & RecreationlBOARDSIPKBOARDIPacket Items120001Pkuse_fundraising.doc B. Pavilion at Town Square-Rustin Park -The Pavilion at Town Square-Rustin Park may be reserved for cultural and community activities by individuals, community groups, P ou s, and not -for -profit users on a first -come basis when it is not scheduled for a City function. Non-residents may only make reservations within thirty (30) days of the requested date. Due to its uniqueness as a major community facility, reservations for the Pavilion at Town Square-Rustin Park are subject to the review and approval by the Department of Community Services, in accordance with this policy. Each reservation request will be evaluated based on the requirement that it be tied to a cultural and/or community based activity. Reservations are subject to last minute revision to ensure the availability of the pavilion for public functions. This shall include the right to terminate a reservation during the activity if conditions so warrant. 1. Variances - Variances to these requirements may be granted, upon request, at the discretion of the City Manager. If timing allows, the Parks and Recreation Board will make recommendations regarding variances to the City Manager. A variance shall not be granted unless a written request is submitted which demonstrates: a) , Special circumstances exist which are peculiar to the applicant's event but is consistent with the standard of the use at the pavilion, and b) That use of the pavilion and surrounding park areas by other groups will not be adversely affected by granting the variance. Any user found in violation of the City of Southlake Park Use Policy and/or Building Reservation Procedures will not only forfeit the security deposit, but may be denied further use of the pavilion. Users found in violation may also be subject to applicable civil and criminal penalties. VII. Other Facilities, Playgrounds, Trails and Individual Picnic Tables. Use of all other park facilities are available on a first -come basis only during park operating hours at no charge. VIII. Overnight Park Use. A. Bicentennial Park and Bob Jones Park — Bicentennial Park and Bob Jones Park may be reserved on an overnight basis subject to approval by the City Council. In deliberating the merits of the use, the Council shall consider the factors outlined in Zoning Ordinance #480, Sec. 45.5. Council shall specifically consider the length of time for the use, any fees or deposits to be i N.IParks & RecreationIBOARDSIP%BOARDIPacket Items120001Pkusefundraising.doc charged and security to be provided. No other parks may be reserved on an overnight basis. IX. Insurance Requirements for Specific Activities. Any organization or association that desires to utilize the athletic fields belonging to the City of Southlake for the purpose of establishing an organized program of athletic competition, such as soccer leagues, softball leagues, little leagues, or other comparable activities on a continuing basis for structured athletic competition shall be required to provide proof of insurance. Such organizations shall have a general liability policy, naming the City as additional insured for an amount of at least one million dollars ($1,000,000). This policy is specifically designed to cover the cost of defense and of liability for injuries suffered by competitors in the organized athletic activity. Organizations subject to this provision shall be required to submit to the Department of Community Services proof of insurance in a form acceptable to the City Manager prior to commencing use of City athletic fields. The requirements set out above are designed and intended to be applicable only to formal organizations and leagues who sponsor and control organized continuing athletic activities on a seasonal basis. The insurance requirement is not applicable to individual citizens or groups of citizens who desire to use athletic fields on a one-time basis. The purpose of this regulation is to protect the City against any costs which might arise from an organized program of league activities with its increased risk of competitor injury due to volume of activity. These formal organizations and leagues must enter into a Facilities Utilization Agreement with the City of Southlake to formalize the details and liability requirements. X. Individual and/or Group Responsibilities. The responsibility of setting up tables and chairs (if applicable) shall remain with the individuals or organizations making the reservation. If applicable, tables, chairs, and any provided equipment must be returned to the original arrangement when the reservation is complete. Individuals and organizations must remove all trash, equipment and decorations at the end of the reservation time. Facilities must be left in good, clean condition when the activity is complete. Individuals and/or organizations making the reservation shall be responsible for turning off all lights and securing the facility. Individuals. or groups making reservations are responsible for any damage to the facility, and may be subject to applicable civil and criminal penalties. N.IParks & RecreationlBOARDSIPXBOARDIPacket Items120001Pkuse_fundraising.doc XI. Compliance with applicable procedures, policies, and pertinent ordinances. Users must comply with procedures, policies, restrictions, and all pertinent ordinances of the City of Southlake. Any questions arising about items not specifically addressed in this policy should be referred to City staff, the Southlake Parks and Recreation Board, or the Southlake City Council as appropriate. N.IParks & RecreadonlBOARDSIMBOARDIPacket Items120001Pkusefundraising.doc O 4. The event is requested more than two (2) months in advance. (a) the parking capacity at the requested location and the potential impact of the requested event on other planned events. (b) the number of planned participants and the traffic impact upon .the requested location. N.-Parks & Recreation lREFERENCIMANUALIPOLICIESIPkuse-a.doc 146 aft /020 Y M. ALTERNATE "A" (Not reviewed by Park Board) The Lodge and Community Center. A. Regular Meetings — The Lodge and individual rooms in the Community Center may be reserved for regular meetings by residents. The Department of Community Services will be responsible for handling all reservations and scheduling. An annual fee, as specified in the City's fee schedule, is to be paid prior to the first usage of the facility. A list of regular meeting dates must be submitted with the annual fee. A security deposit, as specified in the City's fee schedule, is required at the time of completing the reservation application and may be left on file for the duration of the regularly scheduled meeting dates. The security deposit will be refunded if the facility has been left clean and in order and all keys issued are returned to the Department of Community Services or Police Dispatch at City Hall within one (1) hour of the conclusion of the facility's use. The Department of Community Services must be notified within 48 hours of a cancellation of a regular meeting. Failure to do so may result in forfeiture of the security deposit. No group or individual may reserve the Lodge or Community Center for regular meetings from 4:30 p.m. on Friday to midnight Sunday. B. Reservations for Special Activities — may be made by residents and non- residents for special activities, holiday parties, family reunions, birthday parties, etc. on a first -come basis. Teen parties are allowed only in the Lodge. The hours from 6:00 a.m. to midnight, seven (7) days a week, may be reserved on a first -come basis, and reservations cannot be made more than one (1) year in advance. Non-residents may only make reservations within thirty (30) days of the requested date. No group or individual may use the facility for more than three (3) consecutive weekends, not to exceed twelve (12) weekends in a fiscal year. N: IParks & Recreation lREFERENCMANUALIPOLICIESIPkuse-a.doc /10 C lb 13 city of 5outhlake, Texas MEMORANDUM (awl January 20, 2000 TO: Billy Campbell, City Manager FROM: Shawn Poe, Senior Civil Engineer SUBJECT: Approval of the Capital Improvements Program (CIP) projects for the 1999- 2000 Fiscal Year Action Requested: Approve the projects for the FY99-00 CIP. Background Information: Each year, staff proposes projects to be included in the City's Capital Improvements Program (CIP). The projects recommended by staff were discussed in detail at the January 24, 2000 City Council Work Session. Staff, at the direction of City Council, explored several alternatives to the projects recommended at the work session. Financial Considerations: At the January 18, 2000 City Council meeting, City Council approved and authorized publication of notice of intent to issue Certificates of Obligation (C.O.'s) to fund the FY 1999-00 CIP projects. The C.O.'s debt service payments are paid from the following four sources: property taxes (general fund), impact fees collected, utility fund revenues (water/sewer fund), and tax increment financing (TIF) for improvements constructed in the reinvestment zone. The CIP projects for this fiscal year have been divided into the following two categories: continuation projects and new initiative projects. Continuation projects have been previously approved by City Council and have been partially funded in prior years of the CIP budget. Most of the continuation projects have been designed and/or are under construction. New initiative projects have not been approved by City Council. Subsequently, funds have not been appropriated for these projects in the CIP budget. CONTINUATION PROJECT FUNDING Since the continuation projects are either designed or are under construction, staff placed funding for these projects a priority. Exhibit 1 tabulates the continuation projects, the proposed cost to be budgeted in the FY99-00 CIP budget, the amount previously budgeted in prior years of the CIP budget, and the total cost of the project. The funding sources are summarized for the continuation projects beginning with line A47 on Exhibit 1. The project costs (lines B49-1351) are grouped according to the funding source utilized to pay the corresponding C.O.'s dept service 10D-1 wTy oT boutnme, mas payment. The proposed issuance of C.O.'s for each corresponding funding source is listed on lines C49-051. The remaining balance for each funding source will be utilized to fund the proposed new initiative projects. However, in the case with the property tax or general fund source, there is a negative balance. Consequently, all the projects funded with property taxes listed in Exhibit 1 (lines A28-A40) cannot be funded. City Council will be required to prioritize these projects. Exhibit 2 is the staff recommendation for the project priority for the property tax landed projects. As shown on Exhibit 2, once the recommended projects are budgeted, there is a balance of $1,057,545. This balance ;will be used to fund new initiative projects. NEW INITIATIVE PROJECT FUNDING The new initiative projects proposed to be funded are listed on Exhibit 3. The project description and estimated cost for each project is summarized. The funding sources are summarized for the new initiative projects beginning with line A38 on Exhibit 3. The project costs (lines B40-B42) are grouped according to the funding source utilized to pay the corresponding C.O.'s dept service payment. The balance from the proposed issuance of C.O.'s (after funding the continuation projects) for each corresponding funding source is listed on lines C40-C42. As shown on Exhibit 3 (line D40), there is a negative balance for the property tax funded projects. In other words, not all of the proposed projects can be funded utilizing the proposed debt to be issued. In order to fund the property tax funded new initiative projects, staff recommends using funds remaining from the following sources: previously funded and constructed projects (FY 1996-98) and projects previously funded that have not been constructed due to Council direction or a change in priority. These remaining funds total approximately $2,733,500. Exhibit 4 outlines the proposed property tax funded new initiative projects to be budgeted for the FY99-00. Utilizing the $2,733,500 in remaining funds, all the proposed new initiative property tax funded projects can be budgeted. The balance for the TIF funded projects on line D42 of Exhibit 3 is a negative balance. Future debt will be issued near the end of the FY99-00 or early FY00-01 to fund this balance. The balance is for projects associated with the construction of new Carroll Independent School District (CISD) facilities along S. Kimball, i.e. S. Kimball reconstruction and sanitary sewer to the CISD Kimball site. The CISD has budgeted to construct the north half of S. Kimball (two -lanes and half of median) along the frontage of the stadium site from Heritage Business Park. The City can reimburse CISD once the debt has been issued to cover the expense of the projects. IOD-2 uny oY Soutnlake, Texas �"itizen Input/ ,Oard Review: Citizens have inquired on nearly all of the CIP projects (continuation and new initiative projects). Staff has recommended the previously discussed CIP projects based on factors such as cost, need, and justification. Legal Review: Not applicable Alternatives: City Council may add, delete, and/or prioritize the projects discussed, as they deem necessary. It was suggested at the work session that additional funds could be obtained to fund other projects by revising the scope of the N. Peytonville reconstruction (item A22 on Exhibit 3). Currently, the estimated cost ($1,625,000) is for the reconstruction of N. Peytonville. By reducing the scope of the project, the estimated cost can be reduced. For instance, instead of budgeting for a complete reconstruction, budget for an asphalt overlay. Supporting Documents: Staff Recommendation: Staff estimated the cost to construct a 3" overlay for N. Peytonville from Dove to Raven Bend. The scope of the project would include repairing the roadbase failures and applying a 3" asphalt overlay. The estimated cost for this project scope is $750,000. Therefore, if Council chooses this option, approximately $875,000 could be used to fund other projects. Some of the other possible projects mentioned at the work session along with the estimated cost for each are tabulated below: rro ect Description Estimated Cost S. Carroll from 1000' south of FM $460,000 1709 to south property line of Oak Tree Estates (complete half of ultimate road) Remove hill along Continental west of $375,000 Carroll and cul-de-sac Old Brumlow Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 CIP Project Map Staff recommends Council chooses and prioritizes the continuation and new initiative CIP projects as discussed and approve the CIP projects for the FY99-00. Please place this item on the February 1, 2000 Regular City Council Meeting for review and consideration. 10D-3 EXHIBIT I FY1999-00 CIP CONTINUATION PROJECTS A 'aW B c D fflPROJECT 2 SEWER INFRASTRUCTURE (IMPACT FEE ELIGIBLE) PROPOSED BUDGETED COST FOR FY99-00 $300,000 $627,200 $1,287,200 $182.500 $55,500 $165.500 PREVIOUSLY BUDGETED IN CIP TOTAL PROJECT COST 3 4 5 6 7 8 DOVE ESTATES LIFT STATION DOVE STREET FORCE MAIN PHASE 1 (LONESOME DOVE TO KIRKWOOD) DOVE STREET FORCE MAIN PHASE 2 (SHADY LANE TO DOVE) LIFT STATION AT SHADY LANE N. KIMBALL SEWER FROM MESCO TO SHADY LANE N-5 SEWER (FM 1709 TO SHADY LANE) $0 $1,119,800 $712,800 $467,500 $250,000 $352,000 $300,000 $1,747,000 $2,000,000 -- $650,000 $305,500 $517,500 9 10 TOTAL SEWER INFRASTRUCTURE $2,617,900 $2,902,100 $5,520,000 11 WATER INFRASTRUCTURE (IMPACT FEE ELIGIBLE) $0 . . . . . . . . . . . . . . . . . . . . - .. $ .. 130,0 : 00 12 120* OVERSIZE THROUGH TOWN CENTER $130,000 13 24"TRANSMISSION LINE FROM TROPHY CLUB $600,000 $911,000 $1,511,000 14 15 12* WATER LINE ALONG DOVE FROM WHITE CHAPEL TO CARROLL 30"r36" WATER LINE TO SH 114 $277,200 $500,000 $22,800 $5,233,516 $300,000 $5,733.516 16 17 TOTAL WATER INFRASTRUCTURE L $1,507,200 $6,167,316, $7,674,616 18 19 20 NEIGHBORHOOD SEWER PROGRAM I MISC. INFRASTRUCTURE (WATERlSEWER. FUND) HERITAGE PARK INFRASTRUCTURE IMPROVEMENTS (PAYBACK PER DEVELOPER AGREEMEN- UTILITY RELOCATION FOR SH 114 RECONSTRUCTION mmimmmm $111,500 $700,000 $0 $0 $111.500 $700,000 21 CROSS TIMBER SEWER $580,000 $1,320,000 $1,900,000 22 TLMSERLINEAAIOODSEY SEWER $288,600 $43,290 $331,890 23 24 RANDOL MILL ESTATES SEWER IHILLSIDE ESTATES SEWER $250,000 $130,8W $37.500 $19,620 $287,5W $150,420 25 TOTAL NEIGHBORHOOD SEWER PROGRAM �$2,060,900 $1,420,410 $3,481,310 26 277N -28- MOOD STREETSIDRAINAGE PROJECTS (GENERAL FUND) u W. D FROM SHADY OAKS TO N. WHITE CHAPEL $94,260 $301,480 $395,740, 29 W. DOVE ST. RECONSTRUCTION - SH 114 TO WHITE CHAPEL $254,260 $150,000 $404,260 30 W. JONES CHANNEL IMPROVEMENTS $350,000.. $650,000 $1.000,000 31 W. CONTINENTAL BLVD. RECONSTRUCTION $1.100,000 $0 $1,100,000 32 BURNEY LANE RECONSTRUCTION FROM N. CARROLL TO LONESOME DOVE $453,000 $147,000 $600.000 33 PINE RECONSTRUCTION $200,000 $0 $200,000 34 DOVE ACRES STREETS (MOCIONGBIRD & ROBIN) $218,592 $19,008 $237,600 35 UNION CHURCH/S. PEARSON RECONSTRUCTION (includes 12'waterline) $800,000 $88,528 $888,528 36 W. BOB JONES RECONSTRUCTION (a) $17,640 $202,860 $220.500 37 E. BOB JONES RECONSTRUCTION (a) $34,703 $399,087 $433,790 38 SHADY OAKS REALIGNMENT @ DOVE $700,000 $350,000 $1,050,000 39 T. W. KING REHAB. $581,532 $50,568 $632,100 40 N. PEARSON LN. RECONSTRUCTION $104,800 $335,200 $440,000 41 TOTAL NEIGHBORHOOD STREETSIDRAINAGE IMPROVEMENTS $4,908,787 $2,693,731 $7,602,618 42 43 TIF DISTRICT PROJECTS I . . . . . . . . 44.S-7 SEWER EXTENSION $450,OW sr5r0,000 31 ow,ow 45 TOTAL TIF FUND $460,000 $550-000 $1.000,000 46 47 FUNDING SOURCE SUMMARY PROJECT TOTAL 48 C.O.'s ISSUED BALANCE 49 PROPERTY TAX (GENERAL FUND I $4,908787 $3,780,000 ($1,128,787) 1501 UTILITY FUND REVENUE (WATER / SEWER FUND) & IMPACT FEES $6,186:000 $9,000,000 $2,814,000 1511 TIF FUNDS $450,000 $11,600,000 $11,150,000 m AS OF 1/26/00 1 OD-4 exhibit 1A.As EXHIBIT 2 FY 1999-2000 PROPERTY TAX FUNDED CONTINUATION PROJECTS PRIORITY PROPOSED PREVIOUSLY BUDGETED COST BUDGETED IN TOTAL PRIORITY PROJECT DESCRIPTION FOR FY99-00 CIP PROJECT COST STATUS 1 (W. Highland from Shady Oaks to White Chapel 1 $94,260 $301,480 $395,740 Contract awarded; Project under construction I Contract awarded; Project 2 W. Dove from SH 114 to White Chapel $254,260 $150,000 $404,260 under construction Contract awarded; Begin 3 W. Jones Channel Improvements $350,000 $650,000 1 $1,000,000 construction Feb. 2000 Project designed; begin 4 W. Continental from Peytonville to White Chapel $1,100,000 $0 $1,100,000 construction March 2000 Project designed; began 5 Burney Lane from Carroll to Lonesome Dove $453,000 $147,000 $600,000 construction March 2000 Project being designed; Begin construction April 6 Pine Drive Reconstruction $200,000 $0 $200,000 2000 Design proposal being obtained; Begin 7 Dove Acres Street Recon. (Mockingbird and Robin) $218,592 $19,008 $237,600 construction April 2000 8 W. Bob Jones Reconstruction (engineering only) $17,640 $202,8W $220,500 Project not designed 9 E. Bob Jones Reconstruction (engineering only) $34.703 $399,087 $433,790 Project not designed TOTAL $2,722,455 $1,869,435 $4,591,890 Certificates of Obligations issued for FY99- 00 $3,780,000 Remaining Balance $1,057,545 PROJECTS TO BE FUNDED IN SUBSEQUENT YEARS Delay Reimbursement to r Shady Oaks Realignment (Reimburse TxDO T) $700,000 $350,000 $1,050,000 TxDOT until FY00-01 Project not designed. Road T.W. King Reconstruction (rrophy Wood Drive to is not proposed to be 11 SH 114) $581,532 $50,568 $632,100 closed until 2001 Project being designed; Begin construction following substantial 12 Union Church/S. Pearson Reconstruction $800,000 $88,528 $888,528 development of area Project not designed. Keller will participate with 13 N. Pearson Reconstruction $104,800 $335,200 $440,000 funding in 2001 TOTAL TO BE FUNDED IN SUBSEQUENT YEARS $2186 332 $824 296 $3,010,628 Lim exhibit 2A.As 10D-5 1/27100 EXHIBIT 3 FY1999-00 PROPOSED CIP NEW INITIATIVE PROJECTS A N1P!GJECT B C D COST INCURRED FOR TOTAL PROJECT FY99-00 COST 2 IWATER INFRASTRUCTURE IMPACT FEE ELIGIBLE) 3 17' WATER LINE ALONG N. PEYTONVILLE FROM DOVE TO RAVEN BEND $390 000 $390 000 4 12" WATER LINE ALONG N. PEYTONVILLE FROM FM 1709 TO RAVEN BEND ENGINEERING ONLY) $45,000 $495,000 5 JOHNSON 17' WATERLINE $300 000 $300 000 6 TOTAL WATER INFRASTRUCTURE $735,000 51,185,000 7 ROADWAY PROJECTS IMPACT FEE ELIGIBLE)f �%�iY', $150 000 _ . „F�d' ?�F`o "" 11 9 DAVIS / CONTINENTAL TRAFFIC LIGHT $150 000 10 JOHNSON ROAD RECONSTRUCTION $1 200 OOC $1 200 000 11 TOTAL ROADWAY PROJECTS $1,350,000 $1,350,000 12 13 NEIGHBORHOOD SEWER PROGRAM & MISC. INFRASTRUCTURE (WATERISEWER FUND) 14 CDBG PROJECT (OAK LANE MOBILE HOME PAR 15 MAGUIRE THOMAS PARTNERS INFRASTRUCTURE $300 000 $300 000 REIMBURSEMENT $60,000 $60,000 16 PEARSON LANEIPECAN ACRES ENGINEERING ONLY) 17 HUNTER'S RIDGE SEWER $43,200 $331.890 $200,000 $200,000 18 TOTAL NEIGHBORHOOD SEWER PROGRAM VW 200 $891,890 19 20 NEIGHBORHOOD STREETSIDRAINAGE PROJECTS & MISC. PROJECTS GENERAL FUND 21 FM 1709 TRAFFIC MITIGATION PROJECTS $200,000 $200,000 22 N. PEYTONVILLE RECONSTRUCTION FROM SOUTHRIDGE LAKES TO DOVE $1,825,000 $1,625,000 23 STREET FAILURE REHAB - TIMARRON, TIMBERLAKE, SR LAKES, ETC. $800,000 $800,000 24 PUBLIC WORKS FACILITY $300,000 $300,000 MISSION HILLSICHAPEL DOWNS CHANNEL IMPROVEMENTS $800,000 $600,000 VISTA TRAILS DRAINAGE IMPROVEMENTS ALL PROPER $100,000 $100 000 SLURRY SEAL IN VARIOUS SUBDIVISIONS (PUBLIC WORKS OPERATION $100,000 $100,000 d3O SHOEMAKER DRIVE CONSTRUCTION (ENGINEERING AND A PORTION OF CONSTRUCTION) $111.250 $222,500 TOTAL ROADWAYIDRAINAGE IMPROVEMENTS $3.436,250 $3,547,500 3 USTRICT PROJECTS $200,000 'BALL FROM FM 1709 TO CROOKED LN(ENGINEERING ONLY) $4,472.282 R TO KIMBALL SCHOOL SITE $370,000 $370,000 34 S. KIMBALL EXTENSION FROM CROOKED LN. TO HERITAGE BUS. PARK $1,978.887 $1,978,887 35 TOWN CENTER $12,000,000 $12,000,000 36 TOTAL TIF FUND $14,548 887 $18,821,169 37 38 FUNDING SOURCE SUMMARY PROJECT TOTAL C.O.'s ISSUED • BALANCE 39 40 PROPERTY TAX GENERAL FUND $3.436,250 $1,057,545($2,378,705) 41 UTILITY FUND REVENUE(WATER / SEWER FUND & IMPACT FEES $2,688,200 $2,814,000 $125,800 42 TIF FUNDS $14,548,887 $11,150,000 $3,398,88 43 • REMAINING FUNDS AFTER CONTINUATION PROJECTS ARE FUNDED 44 45 M46 L AS OF 1/26/00 10D-6 exhibit 3A.xls } 2 a H V W 0 w a W Q H Z Q., U O c t `• U a` -0Q v2 v2 m0v� 2 vQ p= d p C= 00 c= m¢ c= M.0 co CVC a c m c C c CD U) 0 0 N U U N U c O c O c O c a) 0 0 c c O c O co U Oco V U C1 U Co U U U= U� O U U O U co V U �- -00 c10 'p c G 'p c C 'p C c C m0 p 00 00 p C10 00 p 00 U =amNamNamNa c0,lamNmNamN fn O O O O O O O O 0 O O O O O O O O L U O N Co O O O O N~ W M � O a J Q O F- 0 0 0 0 0 0 0 Ln o o cp 0 O O C O O O O N N y) to ti V O N 0 0 O O O iO M ti �A M M to to W o N �? w (O 6A M� 69 t�? to iAe- W V► t9 � 4& N cr$ mm cu. 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